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Who Shall Investigate Alleged Misconducts of Police Officers

July 30, 2015
 
Nino Kharadze, Radio “Tavisupleba”

Human Rights Center and Georgian Bar Association call on the Government to properly investigate human rights violations in police departments. The topic of the discussion at the joint press conference was the verdict issued by Zugdidi District Court on the case of a citizen Maia Kekelia. According to this decision, Maia Kekelia is charged for resisting the police, while according to the representatives of the organization, the police officers were drunk and they were insulting Maia Kekelia. 

Maia Kekelia addressed Human Rights Center after June 9 when Zugdidi District Court found her guilty in resisting an officer of Bandzi’s Department of Martvili District Division of Samegrelo-Zemo Svaneti Regional Main Division. Maia Kekelia states that the police officers from this police department committed a crime against her last year on October 16. They were drunk and insulting her. According to Maia Kekelia, she went to the police department to find her nephew, because a relative told her that something happened to him. When she arrived at the police department, this is what she saw:

“I witnessed in the hallway of the police department that a man in black t-shirt was beating a man who was lying on the floor. I tried to get rid of this man from him. He turned around and punched me in head. I fainted. After this, I went back to the building. I had an argument with the Chief of Martvili Police, Aleksandre Gagua. The police officers were drunk at that night, in particular Aleksandre Gagua and Kakha Dzidziguri. I can say this for sure, because thery were very close, having a physical contact with me.” 

According to Maia Kekelia, her neighbors from village also witnessed this situation. Five of them have been imprisoned, because they were accused for sneaking an arrested person out of the police building. Maia Kekelia and one more person were fined. According to Maia Kekelia’s lawyer Tamar Lukava from Human Rights Center, her client repeatedly addressed the police department as well as the district prosecutor’s office of Samegrelo-Zemo Svaneti and the general inspection to start an investigation on power abuse by the police officers, but to no avail:

“All statements, claims or letters of Maia Kekelia were sent to Zugdidi District Division for revision and further response. They were submitted to the detective who was the main investigator of her case and, of course, he would not punish or start proceedings against his subordinates.”

Because of this case and increased number of appeals  received at Human Rights Center, which are regarding power abuse by police officers and non-investigation of these cases, Aleko Tskitishvili, the director of Human Rights Center, calls on the Government to create an investigative mechanism which will investigate alleged crimes by law enforcement:

“We call on the Ministry of Internal Affairs of Georgia and the Prosecutor’s Office to examine the statements of Maia Kekelia and her friends and investigate this fact impartially; however we do not have a hope for this. Meanwhile, we also address the Parliament of Georgia, the Human Rights Committee to supervise so-called general inspections more effectively.”

According to Aleko Tskitishvili, the practice of investigating alleged crimes of police officers by their own offices has to stop. Especially when this kind of investigation is conducted not for revealing the truth but for erasing evidence of actions of police officers. 

According to the head of Georgian Bar Association, Zaza Khatiashvili, without creating an independent investigative mechanism it will be impossible to eliminate violence in Georgia:

“The alleged crimes committed by police officers, prison employees and prosecutors shall be investigated by the independent investigative body, which will be accountable to the Parliament, for example, as it is in Belgium.”

As for the establishing an independent mechanism for the alleged crimes committed by law enforcement, as the Deputy Minister of Internal Affairs of Georgia, Archil Talakvadze stated on May 29, even the association agenda between EU and Georgia does not include establishment of a separate investigative body other than the prosecutor’s office. According to Archil Talakvadze, there should be an independent and effective investigative mechanism and this could be a prosecutor’s office in any country. 

They told to Radio “Tavisupleba” in the prosecutor’s office that they have received statements of Maia Kekelia and responded competent answers to all of them.

As for the guilty verdict issued by Zugdidi District Court against Maia kekelia, it has been appealed to the Court of Appeals. 

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