Alive Dead or ''Know-How

Aleksi Bakhutov was arrested on 27 June, 2007. Kakheti Regional Prosecutor’s Office blamed him for premeditated murder of Lasha Chopikashvili, and Telavi Regional Court sentenced him to six-year-imprisonment. During the investigation Bakhutov was so severely tortured that he blamed other people for having committed the crime together with him.

Aslan Gaurashvili, Aleksi Tsotsiashvili and Vepkhia Khechoshvili were arrested for hiding the dead body of Chopikashvili. At this time law enforcers already knew that Chopikashvili was alive. Although Telavi District Court also had information about it, the judge accepted plea-bargain between the Prosecutor's Office and the accused people. Thousands of lari was transferred to the account of General Prosecutor’s Office in exchange of freedom. But Bakhutov is still blackmailed by the Prosecutor's Office.

On 27 June, 2007 Kakheti Regional Department of the Internal Ministry started preliminary investigation on the imprudence murder of Lasha Chopikashvili. During the preliminary investigation the qualification was changed into a premeditated murder. On 24 August Zurab Javakhishvili, Kaketi Regional Prosecutor, requested the Telavi Regional Court to pass final verdict on the accused Bakhutov without thorough discussion of the criminal case. The court satisfied the request and sentenced Bakhutov to six-year-imprisonment.

Suspects Were Tortured at the Telavi Police Station

On June 18 2007, the law enforcers from the Nafareuli Division of the Telavi Police Department invited Aleksi Bakhutov and his step-son, Irakli Tsitsishvili to interrogate regarding the murder of Lasha Chopikashvili.

-“Tava” (a nickname) visited us personally with two other policemen and took my step-father and me to the police station to interrogate.”

-“Who is “Tava”?

-His real name is Gocha Noghashvili, a policeman from the Nafareuli police station. As soon as we arrived at the police station they led me into the quarter of the head of the police department where they started my interrogation. They asked what kind of argument Bakhutov and Chopikashvili had. Gocha Noghashvili was asking many questions. He and other policemen were beating me during several hours and forced me to confess that my step-father had killed Lasha Chopikashvili accidentally. They also demanded to blame several other people in exchange of my step-father’s freedom. I did not accept their offer and two hours later they let me go home,” said Irakli Tsitsishvili.

On June 27 2007 Gocha Noghashvili visited Irakli Tsitsishvili at the shop that belonged to Natan Zatiashvili; Aleksi Bakhutov was there too. Law enforcers took the latter by car and brought back one hour later. They pushed Bakhutov out of the car and demanded Irakli Tsitsishvili to accompany them to the village of Kisiskhevi where his step-father had hidden Lasha Chopikashvili at his nephew’s house.

“I tried to explain to the policemen that their information was not right but they hit me in the face with a fist and took me to the police station. I was beaten with truncheons in the presence of the head of the police department. Then they drove me to the village of Kisiskhevi where found the nephew of my step-father, Zaur Bakhutov. Of course, he categorically denied that Chopikashvili was in his house. Afterwards we retuned back to the Nafareuli police station where Aleksi Bakhutov was already brought. Gocha Naghashvili was beating him severely and shouting at him to tell him about the location of the dead body. Noghashvili continued beating me in the police station too. I could not endure the pain any longer and was shouting loudly. My step-father asked them to stop beating me and promised to plead guilty in everything they wanted,” said Irakli Tsitsishvili who was immediately interrogated as a witness. “We took the body of Lasha Chopikashvili and buried 700-800 meters away from the ponds in the depth of about 1, 5 meter. I can show you the place,” stated the report on the interrogation. 

Irakli Tsitsishvili claimed that after having pleaded ‘guilty” the policemen asked his step-father and him to name other young people, Aslan Gauarashvili, Aleksi Tsotsiashvili and Vepkho Khechoshvili, as participants of their joint crime. Having been severely beaten, Tsitsishvili “confessed” the names of his partners in the crime.

On June 27 2007 Aleksi Tsotsiashvili, Aslan Gauarashvili and Vepkho Khechoshvili were interrogated at the Telavi Department of the Internal Ministry regarding the murder of Lasha Chopikashvili.

“I explained to the investigator that from 11th to 18th of June I was visiting Avto Datulashvili, a friend of my father. Thus I could not participate in this crime. Despite all that the law enforcers told me that my testimony could not make any difference because Aleksi Bakhutov and Irakli Tsitsishvili named me as their companion in hiding the dead body of Lasha Chopikashvili. Afterwards, I was arrested and taken to Kvareli pre-trial detention isolator where I met Aleksi Bakhutov. He was injured. Bakhutov confessed to me that he had named Aslan, Vepkho and me as participants in their crime because policemen demanded them to do so,” said Tsotsiashvili.

On June 28 Telavi District Court sentenced the detainees to two-month pre-trial detention.

“During the court hearing Gocha Noghashvili called me and warned not to say anything about my being tortured. He also warned me I was under supervision of the police and unless I obeyed his order, they would arrest me” said Irakli Tsitsishvili.

The record book of the Kvareli District Isolator also proves that Aleksi Bakhutov was injured and had bruises on his body. The record book states that the detainee had bruise on his left eye; had scratches on the nose and bruises and scratches on the left shoulder. On June 29 2007 when Bakhutov was placed at the Tbilisi Prison # 5 he had bruise on his left eye, on the left shoulder and on the hip.

Alive Dead

At the beginning of October 2007 Bakhutov learned from the investigator and his attorney that Chopikashvili was alive and he had gone to the pastures in the mountain since the accident.

“Investigator Tsiklauri informed me that Chopikashvili had made a testimony where he blamed me for hitting him with a club after what he fell into the water unconscious; later when he recovered Chopikashvili left the village for the mountain. The investigator promised me to change the qualification of my accusation, if I had kept silence,” said Bakhutov.

Although the Prosecutor’s Office had information that Lasha Chopikashvili was not dead, on November 22 2007 they plea-bargained with Gauarashvili, Tsotsiashvili and Khechoshvili that was accepted by the court as well. Based on plea-bargain the suspended sentence was passed on the detainees and they were released from the court-room.

Vepkhia Khechoshvili claimed that his attorney Leila Garsevanishvili urged him to plead himself guilty otherwise the court would have judged him for the crime he had not committed.

Georgian Public Defender’s Office reported that the protocols drawn up on plea-bargain by the Prosecutor and submitted mediations did not show any kind of crime envisaged under the Georgian Criminal Code. “Consequently, it is obscure what crime the detainees have committed. While, Article 679 ' Paragraph II of the Georgian Criminal Procedural Code states that the verdict, passed by the court without thorough discussion of the case, should include the formulation of the accusation, description of the accusation; the scene, time, method and tools of the crime as well as the result of the crime. In addition to that the Article 679 ' Paragraph III-“a” of the Georgian Criminal Procedural Code states that the court should initially make it certain that the accused realizes real character of the crime he had been blamed for before passing a verdict; all above-mentioned regulations were not complied with,” stated Sozar Subari, the Public Defender.

The accused people explained to the representatives of the Public Defender that although they had not committed the crime, they do not hope the court would be fair while discussing their cases. Thus, they had to plead guilty for the crime they had not committed.

Murder-or Attempted Murder

On September 20 2007 Lasha Chopikashvili arrived in the village. He met certain Arabuli in Telavi who told him that everybody considered him dead in the village.

“Several days after I returned to the village three policemen from the Telavi Department pushed me into the car; they drove me to the Telavi Prosecutor’s Office. They asked me what kind of incident happened between me and Bakhutov on June 15 2007. I told them I had an argument with him on the farm. Later Bakhutov called me out from the house and asked for a cigarette. I brought the cigarette to him near the River Stori; then going back home I fell down unconscious. After recovery I was wet and lying on the river bank. I returned home; early in the morning I went to the mountain pasture to work. I returned home on September 20,” said Lasha Chopikashvili.

On September 21, policemen took Chopikashvili to the Telavi hospital where he had his blood tested and the doctor examined him too. At the hospital, Chopikashvili learned that he had his neck injured.

Initially Chopikashvili was persuading law enforcers that he was not beaten at all; however next day he altered his testimony at the Prosecutor’s Office and said Bakhutov had knocked him down.

Having received the testimony the Kakheti Regional Prosecutor’s Office changed the qualification of the crime. Bakhutov was accused for attempted murder of Lasha Chopikashvili.

Impossible Justice

Tamaz Tsabutashvili, Kakheti Regional Prosecutor did not want to make comments on the physical assault of the innocent people, on Bakhutov’s blackmailing and changed testimony of Chopikashvili. “Aleksi Bakhutov is an accused. He is blamed for the attempted murder of Lasha Chopikashvili. Telavi District Court will discuss the criminal case,” said Tsabutashvili and sent us to the chairperson of the Telavi District Court to get answers to other questions.

Judge Marika Tsertsvadze did not make comments at all. We could not get information from the court chancellery either.

Aleksi Bakhutov is still urging for justice in vain. The Prosecutor’s Office has not started investigation on the facts of torture yet.