Relatives of the Dead Person Demand to Punish Patrol Policemen

Discussion of a famous case has resumed at the Kutaisi Court of Appeal. Family members of Varlam Pkhakadze, who was murdered in front of his house last year, have instructed attorney Rezo Tofuria to appeal to the verdict against patrol policemen Ivane Kapatadze, Dato Minashvili, Avalo Gabrichidze and Kakha Gabunia. Tofuria is demanding that the court to sentence the condemned to the maximum penalty. The policemen have also launched their own appeal, hoping to lessen their penalties.

The accident happened on December 7th, 2006, on Chavchavadze Street in Kutaisi. According to the case materials, night patrol policemen were called to the scene by a citizen and misunderstood Pkhakadze’s attempt to escape from a cellar, firing in his direction. The young man died from his wounds five days later under hospital care.

The Kutaisi Civil Court charged Ivane Kapatadze under Georgian Criminal Code Articles 114 and 342, which deal with neglect of duty and manslaughter resulting from excessive force. Kapatadze was sentenced to a five-year term of imprisonment. The other patrol policemen were charged only with neglect of duty. Officer Minashvili received a three-year sentence and Officers Gabunia and Gabrichidze each received a two-year suspended sentence.

As discussion of the case resumed in Kutaisi Court of Appeals, Dimitri Khachidze, attorney for Officer Minashvili, requested that the court appoint a second special medical commission to examine the deceased’s medical records, arguing that the outcome of the first commission was not conclusive. Khachidze argued that the court must determine whether it was possible to save Pkhakadze if he had received immediate medical assistance. His request caused concern among the victim’s family and both the family’s attorney and the state prosecutor objected. The court did not grant Khachidze’s request, holding that medical experts had already answered that question.

The court hearing ended with words being exchanged between family members of the dead man and relatives of the detained policemen. Family members of Pkhakadze are demanding severe punishment for the “murderers”. The family has held protest demonstrations in front of the Kutaisi Prosecutor’s Office and Appeal Court several times. The next court date for the case has been postponed to November 9, upon the request of the State Prosecutor.

Shorena Kakabadze, Kutaisi