Appeal Court Acquitted Bachana Akhalaia

Salome Chkheidze

The Appeal Court upheld the non-guilty verdict of the City Court on former defense and interior minister Bachana Akhalaia, but former commander of the fourth infantry brigade Zurab Shamatava and Sergeant Aleksandre Gorgadze were sentenced to imprisonment for 3 years and 9 months. Despite the judgment, Akhalaia is still in prison because he was sentenced to pre-trial detention for the fourth criminal case. 

At the trial on December 4, Criminal Chamber of the Appeal Court under chairmanship of the Judge Kakhaber Machavariani partly satisfied the appeal of the prosecutor’s office against the City Court, which had passed non-guilty verdict on August 1. The Appeal Court repeatedly acquitted Bacho Akhalaia, Giorgi Kalandadze, Merab Kikabidze, Gaga Mkurnalidze, Manuchar Daraselia and Giorgi Kintsurashvili, but sentenced Zurab Shamatava and Aleksandre Gorgadze to the imprisonment for 3 years and 9 months. They cannot occupy positions in the public agencies during 9 months.

The criminal case refers to the torture and illicit restriction of freedom of soldiers in Vaziani and Senaki brigades, physical assault and illicit restriction of freedom of businessman Zviad Abesadze.

The Appeal Court acquitted Bachana Akhalaia in all three accusations imposed on him under this case – exceeding its professional power, illicit restriction of freedom and torture. Former head of Joint Stuff Giorgi Kalandadze was also acquitted in the episodes of Vaziani brigade and illegal restriction of freedom of Abesadze. Kalandadze was found guilty in the episode of Senaki brigade and was restricted to implement duties of military servant during three months; but based on the amnesty law adopted in 2012, he was freed from this punishment.

Court acquitted the commander of the Senaki second brigade Merab Kikabidze and former employees of the penitentiary department Gaga Mkurnalidze, Giorgi Kintsurashvili and Manuchar Daraselia.

The Court imposed imprisonment only on Sergeant Aleksandre Gorgadze and former commander of Vaziani Brigade Zurab Shamatava. The court changed qualification of their charge from Article 125 of the Criminal Code of Georgia into the Article 333 Part III of the Criminal Code that refers to the abuse of power. Gorgadze and Shamatava were sentenced to five-year-imprisonment and professional restriction for one year. However, due to the Amnesty Law, their final imprisonment term made up 3 years and 9 months and professional restriction during nine months.

Court acquitted Bachana Akhalaia in the case of torture of seven officers in Ialguji polygon. As for the prison riot case, Akhalaia was sentenced to imprisonment for three years and 9 months but ex-president Mikheil Saakashvili pardoned him before leaving the position.