Unprecedented Case

Rati Kharatishvili

On November 12, representatives of the Legal Aid Service of the Human Rights House Tbilisi met head of the State Legal Aid Service Meliton Benidze and lawyer Mukhran Ghurtskaia with regard to the physical assault of the lawyer Giorgi Mdinaradze from the State Legal Aid Service.

Mdinaradze’s lawyer Mukhran Ghurtskaia said his colleague was physically assaulted by police officers of the Vake-Saburtalo district police unit # 5 when he was implementing his professional duties. Giorgi Mdinaradze arrived at the police unit at 3:15 am on November 8 to attend interrogation of a juvenile detainee. Having consulted with the juvenile, the detainee and the lawyer decided that the former will enjoy right to silence. Their decision annoyed the police officers.

“The anxious police officers took Mdinaradze to the working room of the chief police officer and beat him there. During the physical assault Giorgi Mdinaradze was fettered. The juvenile detainee also witnessed this fact,” Mukhran Ghurtskaia said.

Emergency brigade took Giorgi Mdinaradze to hospital from the police unit # 5. He spent 48 hours in the hospital. The medical expertise showed that he had brain concussion.

The lawyer of Giorgi Mdinaradze said the law enforcement officers physically and verbally assaulted Giorgi Mdinaradze.

According to Ghurtskaia, they have already petitioned to the EU Commissionaire, who also promised them to investigate the incident thoroughly and impartially.

“EU Human Rights Commissionaire said he would meet the Minister of Justice and Chief Prosecutor of Georgia and request them to timely and effectively investigate the fact,” Ghurtskaia said.

The Minister of Justice of Georgia Thea Tsulukiani responded to the fact of the physical assault of the lawyer and said it is inadmissible fact and the perpetrators must be punished severally.

Chairwoman of the Human Rights and Civil Integration Parliamentary Committee Eka Beselia also commented on the fact. She expressed solidarity with Giorgi Mdinaradze and entire corps of the lawyers and requested to hold perpetrators responsible for the incident regardless their position in the law enforcement body.

Head of the State Legal Aid Service Meliton Benidze said it was unprecedented fact. He added it is not enough to fire the perpetrators from job when they are accused for criminal offence and inhuman treatment.  “Criminal prosecution must start against the perpetrators.”

As a result of the investigation by the Chief Prosecutor’s Office of Georgia, on November 13, head of the Vake-Saburtalo district police unit # 5 Lasha Kvirkvaia was arrested for the physical assault of the lawyer Mdinaradze. The detained police officer started hunger strike to protest the charges brought against him and on November 15 he was taken to hospital because of health problems. Kvirkvaia claims the lawyer provoked the incident and he is innocent. Kvirkvaia refused to get medicines as well as food and water.

The lawyer Girogi Mdinaradze hopes the case will be effectively investigated and all perpetrators will be punished.

Lawyer of HRHT Eka Kobesashvili also defends interests of Giorgi Mdinaradze together with the lawyer Mukhran Ghurtskaia. HRHT lawyer condemned the fact of the physical assault on the lawyer and requests to give correct legal qualification to the case. Representatives of the HRHT request punishment of other officers of the police unit # 5.