Victims Demand Rehabilitation of the Dead Person

On December 7 2006 patrol police murdered nineteen-year-old Varlam Pkhakadze in Chavchavadze Street in Kutaisi. The relatives of the murdered boy protest the suspended investigation. Two criminal cases have been launched on the fact.

On December 7 2006 Imereti Main Division of the Patrol Police Department started preliminary investigation on Varlam Phkhakadze under the Georgian Criminal Code, Article 177 which envisages the attempted robbery. However the accused was badly wounded and he could not be interrogated. Unfortunately, soon Pkhakadze died of the wounds. At the same time another preliminary investigation started on patrol policemen for the crime envisaged by the Article 114. More precisely the policemen were accused for abusing their power during detention. As a result, patrol policeman Ivane Kapatadze was sentenced to imprisonment. Other policemen, Davit Minashvili, Avalo Gabrichidze and Kakha Gabunia, who were on the scene of accident, were bailed for 2000 lari each.

Pkhakadze’s relatives think that the Western Georgia’s Regional Prosecutor’s Office carried out tendentious investigation on the crime and the article under which the policemen were charged, were not adequate to their crime.

“We have applied to the Prosecutor’s Office and demanded to change the qualification and change Article 114 for the Article 118. The letter envisages liability for premeditated murder. However the prosecutor refused us and Ivane Kapatadze is condemned under the Georgian Criminal Code Article 114 and Article 342, Section II. As for other policemen, who were participated in the crime, were charged only under Article 342, Section II. It is abusing of the power which resulted into the death of a person. The case materials were sent to the court and we hope the court hearing will soon be earmarked,” said lawyer for the victim side, Rezo Tofuria, who is also a lawyer for the Kutaisi office of Georgian Young Lawyers Association.   

As for the criminal case launched on Varlam Pkhakadze under the Georgian Criminal Code Article 177, on March 27 2007 defense side petitioned to the Western Georgia’s Regional Prosecutor and demanded to drop preliminary investigation on Varlam Pkhakadze under the Criminal Code Article 28 Subsection ‘a’ which envisages dropping of the investigation because of the lack of evidences and not under the Subsection ‘b’ of the same Article according to which the investigation is dropped because of the death of the accused. As a reply on their demand the defense side was explained that the investigation is going on and they would receive additional information about the final decision.

“We cannot understand how the investigation is going on when the accused is dead. We suppose that the investigation is suspended on purpose because these two cases, on patrol policemen and on attempted thievery, are directly connected with each other. If Varlam Pkhakadze is not found guilty in time, it will be too helpful for the Prosecutor’s Office when they start discussing the criminal case on patrol policemen. However, if they conclude that the dead person is not guilty, the position of the defense side will be more severe and they might demand to change the liability for the Article 114,” said Rezo Tofuria.

Relatives of Varlam Pkhakadze applied to the Public Defender’s Representative in Imereti Region, Theona Kuchava, for help.

“We have no right to interfere the investigation; however we will definitely monitor the process. We think that the fair investigation of the thievery is too important for the second case. It will find out the guiltiness of the patrol policemen,” said Kuchava.

Kutaisi Regional Prosecutor’s Office does not comment on the situation. Family members of Varlam Pkhakadze categorically resist dropping the investigation on the first crime because of the death of an accused. They demand to carry out fair investigation and complete rehabilitation of the murdered boy. Unless their demands are satisfied, they threaten to hold protest demonstrations.

Shorena Kakabadze, Kutaisi