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“Initially they requested admission of murder, then planted drugs on him; now threaten to kill him”

November 11, 2014
 
Lela Khechoshvili, Kakheti 

The family of Levan Davitashvili, accused of killing “Starichoka” from Telavi, blames police officers in the violation of their rights.  They claim 25 pills of Subotex were planted on the convict. As Davitashvili’s wife Ana Kizikhelashvili said after Levani’s arrest, local police persecutes their family and they urge for help. 

“If you do not admit the murder and drug-abuse, we will kill you and write in the case materials that the murderer died and we will close the case - police officers offered my husband. Levan is innocent, and he is under physical and psychological pressure. A reliable source informed us, that he is permanently beaten and it might happen with his death too,” Ana Kizikelashvili said. 

Telavi resident Levan Davitashvili, 30, is accused of drug purchase-possession and is placed in pre-trial detention setting. At night of July 6, he was arrested in the entrance of his house. 

The family members told Human Rights Centre that Archil Maisuradze, with nickname Starichoka, was killed before Davitashvili was arrested. 

In the past Levan Davitashvili was convicted for the attempted murder but two years ago, he was released under amnesty. 

At the Telavi Civic Engagement Center relatives of the detainee stated about 80 young men were questioned into Starichokas murder. They too were under pressure. Three of them are still in prison, Davitashvili is the fourth. 

Levan davitashvili’s wife Ana Kizikelashvili said their flat was searched after Levan’s arrest: “My husband was arrested at 1 am at night in the entrance of our block. They came for search at 3 am; the house was searched without a warrant. Entering the flat, they asked where our bedroom was,” the detainee’s wife said. 

The wife insists she personally saw Telavi police officer David Nekerauli put drugs, wrapped in newspaper under the mattress of their bed. 
 
“As they did not produce a search warrant, I asked them to call neighbors. They replied it was not Saakashvili’s time when they needed warrants for search.

One policeman was showing some papers which he said was warrant. Before I called the witness, they had already started the search and wardrobes were wide open. They had taken almost everything out of the wardrobes; they searched the living room. We were taken to my brother-in-law’s room. One policeman stayed in living room to watch me but I managed to enter the bedroom. He did not expect me and I saw him put something under the mattress. 

I started screaming. My father-in-law and brother-in-law and rest of the police officers ran into the room. Nekerauli lifted the mattress and took a bandage of drugs which he had put under it. I had changed the linen that evening, and had not seen anything there” Levan Davitashvili’s wife Ana Kizikelashvili told Human Rights Centre.       

The wife said police officers threatened her with killing her husband unless she signed the document notifying that 7 pills of Subotex were found in their bed: “He said come and sign the notification that we found drugs in your bed; or Levan is already in our hands and we’ll kill him. We invited neighbor to witness the search process and he was also intimidated. I personally asked the neighbor to sign the document because I was afraid they would kill Levan.”

Family members said they have information from a reliable source that Levan was made to drink water with drugs at the police station; then 18 pills of Subotex were planted in his pocket. 

“They gave him water with drugs and made him drink it. A bit later my brother asked for a cigarette. They told him why he wanted cigarette because the test will show narcotics in his blood then. 

Before they gave him water with drugs, police officers tried to convince him to admit murder of ‘Starichoka”. Why my brother should have admitted his murder, he had no relationship with him. After he drank the water they planted 18 pill of subotex in his pocket. They said the drugs were in his pocket. My brother signed neither the murder confession statement, nor confession about drugs; police officers received instruction to register the “withdrawn” drugs on him and to “find” same narcotics in his house too. How did they know that the drugs were in our house; we are socially indigent family and how we could buy such an expansive drugs,” sister of the detainee Maia Davitashvili said and added that their family is blackmailed by police; police car patrols around their house at nights; they stop under their windows and she is afraid they would throw something illegal in their house again. They sent message to her sister-in-law Maia unless she keeps silence, they will kill her.” 

“After the murder, Levan was interrogated several times. Police officers demanded him to admit murder of “Starichoka”. The entire family was questioned: my mother, father, sister and brother in law. Police insisted Levan was either murder or he had ordered the murder. They could not resolve the case and demanded Levan to admit it. He never knew “Starichoka” at all. After one of the interrogations he returned beaten - he said he was ruthlessly beaten” Ana Kizikelashvili told Human Rights Centre. 

Human Rights Centre called Mamuka Kbiltsetskhlashvili, head of Kakheti regional police, who denied detention of the mentioned person. 

According to Levan Davitashvili’s attorney Murad Popiashvili, the case was launched for illegal purchase and possession of drugs - Article 260 paragraph 3 of the Criminal Code of Georgia that is punishable with imprisonment from 8 to 20 years or with life imprisonment. “My client is innocent; there are several evidence to prove it. Police conducted his personal and home searches illegally. Drugs were illegally withdrawn from his pocket and house. Kakheti police office could not resolve the murder of Archil Maisuradze. They called him and asked to give some information about murder. The detainee insists he didn’t knew the killed person at all,” the attorney said. 

At night of June 14, 35-year-old Archil Maisuradze "starichoka” was shot in front of the Geocell office at Irakli II Avenue in Telavi center. The killer was driving a motorcycle. 

As locals say, Archil Maisuradze had killed thief-in-law Vantseta and later he was also killed for revenge. 

Sister of the killed person Salome Maisuradze notified police about concrete person, who had conflict with her brother, but as she said the investigation has not yet questioned that person. 

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