Reactions about Non-Guilty Verdict on Bachana Akhalaia

Salome Chkheidze

On July 31st, judge of Tbilisi City Court Giorgi Darakhvelidze made verdict of not guilty towards Bachana Akhalaia, Gigi Kalandadze and other defendants in the case. Politicians made different evaluations on the fact. 

President Mikheil Saakashvili met General Giorgi Kalandadze on the same day and congratulated him with the non-guilty verdict. Saakashvili said he was convinced in the defendants’ innocence. 

“It is a pity that you and other patriots, who were judged today, had to waste nine months. You wasted time whilst Georgia is not rich with officers and other professionals,” Saakashvili told Kalandadze.

Chairman of the Parliament Davit Usupashvili also responded to Bachana Akhalaia’s non-guilty verdict; he said even if Akhalaia was found guilty, the president would more likely have pardoned him.

Minister of Energy and vice-primer Kakha Kaladze said when commenting on non-guilty verdict passed about the case of prisoners’ torture that it is impossible that similar things happened in prisons without having received instructions from senior officials. 

“Bacho Akhalaia might not have participated in the torture of prisoners personally but Mikheil Saakashvili and his allies were ideologist of the system. We all saw what was going on in prisons; how people were treated and you will agree that it junior officers could not do that without relevant instructions from above. It was systemic crime,” Kakha Kaladze said.

Part of politicians claim Bacho Akhalaia was not found guilty because the prosecutor’s office was weak. Leader of the parliamentary majority Tina Khidasheli said the court verdict does not mean that Bacho Akhalaia was innocent. It means the prosecutor’s office failed to prove the offense.

“I will refrain from evaluating the court judgment not to repeat the past experience [of the previous government]. Naturally, this judgment demonstrated huge progress in judiciary system. Could you imagine the court could have dared to make similar decision under Saakashvili’s governance? It proves that we are progressing in making the judiciary independent. However, on the other hand, since prosecutor’s office failed to prove such a crime committed by Bachana Akhalaia, it means prosecutors could not prove the crime to the court and the latter passes verdicts based on provided evidence. It is nice that court acts so but it is bad that prosecutor’s office cannot prove the guiltiness in such a grave offence,” Tina Khidasheli said.

Deputy chair of the parliamentary committee for foreign relations Zviad Kvachantiradze also stressed weakness of the prosecutor’s office. He said it would be better if the prosecutors, who could not properly implement their duties, would be dismissed from the prosecutor’s office.

Chief Prosecutor of Georgia Archil Kbilashvili does not agree with the opinion that the prosecutors were weak in the process. He said he is aware of the accusation, evidence, knows prosecutors and he believes the doubt about their weakness is not grounded. 

“My personal position is that in the episode where Akhalaia was found not-guilty, he was to be found guilty. However, we cannot speak about legality of the verdict until we have the well-grounded court judgment,” the chief prosecutor said.

Chairwoman of the Human Rights Committee of the Parliament Eka Beselia got interested in Judge Giorgi Darakhvelidze, who was involved in Akhalaia’s case.

“I am not speaking about Akhalaia’s court hearing but Judge Darakhvelidze, who was chairman of Senaki district court before elections and arrested activists of the Georgian Dream for election posters, could not be impartial person. Was he moved to the Tbilisi City Court on purpose or by chance?” Eka Beselia asked question on her Facebook page.

A leader of the parliamentary majority Levan Berdzenishvili made different evaluation about the verdict. He said that verdict passed on Bacho Akhalaia’s case proved that court is already free in Georgia.

“I, as MP, cannot ask questions with regard to the judge’s decision. The only thing I can say is that this decision proved that judiciary is independent from prosecutor’s office and executive government in Georgia. Court is free and it is serious achievement of the last years. I cannot remember any important case, where judge passed similar verdict,” Levan Berdzenishvili said.

Minister of Justice Thea Tsulukiani said non-guilty verdict on Bacho Akhalaia proved that court is free from the influence of prosecutors; however, she added that the process has not finished; there are senior judges of the first instance of the judiciary system in Georgia, who have more competence and experience.

“As far as I know, there is plenty of evidence obtained during investigation process in the case materials and they prove the accusation. Prosecutor’s office will definitely appeal the verdict and they will be more stubborn in supporting the accusation,” Thea Tsulukiani said.

Next day MP Koba Davitashvili left parliamentary majority and said his decision was motivated by non-guilty verdict on Bacho Akhalaia.

“Government has already made statements that it proved independence of the judiciary and that we should continue like that. I have different opinion about it. I am categorically against declaring Akhalaia’s non-guilty verdict to be victory of democracy. We have not promised to the electorate. Court is not independent in Georgia. I believe this verdict made fun of the people, who are looking forward to restoration of justice,” Davitashvili said.

Chief Prosecutor’s Office of Georgia released statement on the same day and noted that after the court passed verdict, the prosecutor’s office decided to appeal it.

“Chief Prosecutor’s Office of Georgia believes that clear and well-grounded evidence collected during judiciary investigation proved that Bachana Akhalaia had committed the crimes he was accused of,” the statement of the Chief Prosecutor’s Office reads.