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Self-defense Policy In Kutaisi Prison

October 29, 2007

Koba Kobakhidze and Mamuka Ninua have been at a law under the Criminal Code of Georgia, Article 19/108 and 19/109 and they are serving their sentence in Geguti coloney. Kobakhidze was imprisoned 8 year, Ninua-10 years. By December 7, 2006 one had to serve 3 years and another one 5 years. But in that day when Kobakhidze and Ninua have been moved from Geguty coloney to the Kutasi Jail an inncident has happaned and their penalty has been extended by 10-10 years.

The lawyer of Koba Kobakhidze and Mamuka Ninua addresed to the Human Rights Centre after the Kutaisi Appeal Court had decided to extend  imprisonment periond of prisioners by 10 years. The investigation and the prison administration blames the prisoners on the attack of  their workers. But Kobakhidze and Ninua are pleading themselves not guilty and contrary they claim for inhuman treatments from the collaborators of Kutaisi Prision Administration. And the evidences of it are in  the case as well. These are so called “damages side’s”  controversial testimonies and the conclusions of  examination which were not considered by  two instance courts.

In accordance with the bill of particulars: “In the escort car Koba Kobakhidze and Mamuka Ninua were swearing the guards. When the prisoners have been brought to the Watching Unit the officer on duty has started to check them by list. Because of this fact Mamuka Ninua and Kiba Kobakhidze have started swearing toward the workers of prison administration. The workers of  prison administration Lasha Mandaria and Gaioz Khakhnelidze called for peace and asked them to follow the rules of Prision Department’s registrary demands.Instead of subordination Kobakhidze stroke his leg to the Inspector of  Regeme Department Lasha Mandaria in stomach and  slapped in the face another inspector of department Giorgi Lobzhanidze standing beside him. After these the workers of Prision Administration tried to stop  Mamuka Ninua and Koba KobaKhidze but they were not subordinating them, they were breaking tables and throwing evrything to the wall.”

As we turn out from the abovementioned bill of particulars the workers of Prision Administration could managed to dispose  Kobakhidze and Ninua to the saparate temporary cells of  Watching Unit. The investigation envisages that Kobakhidze and Ninua has committed offence and  broke law in particular  the Criminal Code of Georgia Article 378, Part I and V because they didn’t follow the orders of  the workers of Panitentionary Institution, hampered the institutions’s activities and attacked  Prision Administration, herewith they were condemned especially in heavy crimes.

The lawyer of accused side Anna Chapidze considers that the main evidence in the case is the results of examination which was conducted to the so called damaged and accused side and  in accordence with it there are not any trakc of  physical injures on the bodies of Giorgi Lobzhanidze,Gaioz Khakhnelidze and Lasha Mandaria. Now what about the accused Mamuka Ninua the examination resut telss us the following:”The injures in particular bleedings and scratches   on the body of Mamuka Ninua are made by the blunt object  and it belongs to the light sort of injures which was not followed by the short-term health disorder. And with the remoteness it is not opposite to the date indicated in the regulation.”

The lawyer considers that during the accusation process of Kobakhidze and Ninua was broken the law:

“The accused persons were blamed under the Criminal Code of Georgia Article 378 Part I and V, which is not appropriate qualification of case. The first part of this article considers 1 year imprisonment in case of disobedience to the legal demands of the workers of  prision administration. The abovementioned article consists of  five parts as well and the person should be accused under the Part V if he or she committes offence under the Part III and IV of the same article(378). In this case Kobakhidze and Ninua are not accused in accordence with the Part III and IV but they are accused under the Part V which is too paradoxical,”-tells Anna Chapidze.

The interests of the accused persons in the first instance court was defended by the lawyer Irakli Shengelia but his attempt to justify these two prisoners was inadaquate because as it turned out he had friendly relations with the so called  “victim” workers. After the involment in the case Anna Chapidze made some applications in the court and demanded justifiable sentence but these aplications were not considered by Judge Merab Kozmava.  As the lawyer states actually the Appeal Court has “Notarialy Confirmed” the decision of first instence court and the Appeal Court completely ignored our applications.

“ The sentence of Kutaisi Appeal Court consists of 8 pages and  for the sentence of Appeal Court 2 pages were enough.  This sentence doesn’t explain us why were not satisfied our applications. The motive is not nominated.

The sentence of first instance court is groundless. There was not any discussion about the conclusion of  medical examination, the testimonies of damaged sides made during the preliminary investigation were radically controversial from the testimonies made at the trial. I have applied for this to the court. It is worth to mention that the inquired witness by the accusatory side has changed  his testimony  and it wasn’t imposed any sanction on him. But if ordinary person changes the testimony against the accusatory side he os she will be sentenced to the imprisonment. But the court even didn’t discuss our application. Considering all abovementioned facts we were demanding jastifiable sentence. The Board of Judges listened us but didn’t  react. Judge didn’t give an opportunity to the accused persons to attend to the court and by this decision the right of  implementaion of  fair trial was violated. They didn’t have any possibility to make additional comments during the trial about the developed events,”-tells Anna Chapidze.

The Human Rights Centre’s Kutaisi office tried to find out from the investigator why investigation had not considered the forensic medical examination decisions or the obscure evidences of so called victims, but it appeared that the investigator Mikheil Sanikidze worked on this case only in the beginning and Vakhtang Kvantaliani the investigator who finished to investigate this case left the body and became a lawyer. We were told in the investigation department that the case was sent to the court in March of the current year and we would get the comments in the court. The reppresentatives of the judicial authority avoid to have any relations with media as usual.

“When the sentence of first instance court was passed the next day the prisoners were sent to Rustavi №2 jail, institution of severe and general penalty. And when the case was appointed to consider in the Appeals court they were returned to Kutaisi again. Though they were not presented on a trial. I can not understand why did they get back the prisoners to Kutaisi if they would not be on a trial and why do they make so that the prisoners have the relations with so called victims as the sentence was enlarged because of them? Unfortunately, it seems like a provocation”,- tells Anna Chapidze.

It’s obvious from the case materials that the serious crimes are commited against Koba Kobakhidze and Mamuka Ninua in the prison by the jail administration and its officials, also during the investigation and the trial. The direct result of all of these is that now the health condition of these two prisoners is hard.  Besides, according to the lawyer, Ninua has the diagnosis of psychosis, before getting to the prison he had an attempt of suicide. And now the person who has the past like that daily has to be in contact with the persons which were the reason of his sentence’s enlargement with 10 years groundlessly in Kutaisi jail.

The attorney of aacused persons is going to appeal in the Supreme Court in these days.

Lela Khidasheli, Kutaisi.

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