Gela Mtivlishvili, Kakheti
Hundreds of prisoners were released from prisons just before Parliamentary Elections on May 21, 2008 and this is no coincidence. Their early freedom was pursuant to special plea-bargain “deals” and in some cases hardcore criminals were set free in exchange for their active involvement in the election campaign of the ruling party and the democratic process. Many of these people condemned for a range of more serious crimes, like drug trafficking, extortion, robbery and attempted murder.
According to the statistics of the Penitentiary Department of the Georgian Ministry of Justice from November 20 to December 31 of 2007 based on Georgian President’s decree 988 condemned people were pardoned; 570 inmates were pardoned from January 13 to May 16 in 2008.
Giorgi Akhalmosulishvili, with the nickname Burvaka, who has served two terms in prison, and had been assigned to monitor the Gurjaani district during the elections. Local observers reported that he was particularly active in the polling station in his native village, Vazisubani on May 21. Although Akhalmosulishvili did not have the authority to take part of the election process, he was then as an enforcer – and was seen entered every polling station without any obstacles whatsoever and giving directions to terrified voters. He ordered people to circle the number for Giorgi Ghviniahsilvi, single mandate candidate from the ruling party, and to do this even before the entered the voting booth. Election administration members and observers at the precincts could not do anything in reaction to his criminal behavior. Akhalmosulishvili is known as a member of the dead criminal authority Tristan Sichinava, with the nickname “Goro”.
Police from Gurjaani Department of the Georgian Internal Ministry arrested Giorgi Akhalmosulishvili on October 7 2006. Reportedly, the policemen found 0, 07 grams of heroin, 20 automatic guns and 5 RGD hand shells on him during the search. The police charged Akhalmosulishvili with the crime of the purchase and storage of a large amount of drugs. According to the Georgian Criminal Code, the crime was sentenced to 15-years for this crime.
According to case materials, the preliminary investigation stopped on December 1, 2006 and the case was than sent to Gurjaani District Court for further action.
However, the justice system did not work as expected. On July 5, 2007 Giorgi Akhalmosulishvili applied to the Gurjaani District prosecutor’s Office and requested that a plea-bargain deal be reached. He expressed the desire to cooperate with investigation team in order to have a lighter sentence. Now having freely admitted his crime, the court was not satisfied with the deal of the prosecutor and proceeded to impose Akhalmosulishvili with the fine of 10,000 GEL, and this was done without any additional discussion, nor having taken a closer look at the case materials. In addition to the fine, the guilty party was to serve out a term of four years in prison.
According to the verdict, Giorgi Akhalmosulishvili’s imprisonment started from the day of his detention. The term would expire on October 7, 2010 but he was set free much earlier, which just happened to fall several days before the May 21 2008 parliamentary elections
Gaioz Japaridze, former governor of the village of Chandari in Gurjaani District, was also released from prison. Kakheti Regional Prosecutor arrested him on April 26, 2007 for having extracted from state budget approximately 226, 000 GEL. He was found guilty by the court on January 24, 2008 and again, a deal was cut signed between Kakheti Regional Prosecutor’s Office and Japaridze. “Gaioz Japaridze had been found guilty under the Article 333, part I (misuse of official capacity that damages state legal interests); part III – “a” of the same article (exceeding official capacity), Article 332 part I (misuse of power) and article 341 (falsification of services provided). Finally Gaioz Japaridze was sentenced to serve out a term of five years in prison. He shall serve three years in penitentiary establishment and two years shall be suspended sentence. In addition, he is imposed with the fine of 10,000 GEL that is to be paid to the state budget,” as stipulated in the verdict. In spite of his criminal record, and the sentenced imposed, whereas he was to have been locked up from the day of his detention, April 26, 2007 until April 26, 2010. However, in spite of the record and the outcome of the legal process, this known criminal was making public announcement and performing acts in favor of the ruling party on May 21, 2008 at the Chandari Polling Station.
Coincidence or not, such a justice system did not operate prior to elections, and such people were behind bars for the term of the imposed sentence. However, in this instance, and only because of the medication of Kakheti Regional Prosecutor, judges at district courts passed nearly 100 decrees that transformed sentences of imprisonment into a bail or a combination of bail and time served.
For example, Shalva Mchedlishvili, the judge from the Gurjaani District Court, changed the charge of Tamaz Eterishvili and Revaz Berikashvili who were initially arrested for the extortion of a rather large amount of money. The judge imposed both of them with fines. Observers of the NGO Human Rights Center reported that Eterishvili and Beriskashvili actively participated in the election campaign in the village of Kardenakhi. Locals stated that family members of the released prisoners were gathering IDs and asking their neighbors to vote for the ruling party out of appreciation that their family member had been freed. And because of this work by family members Eterishvili and Berikashvili were able to get out of their sentences and walk free.
A respondent who preferred to stay anonymous informed us who was behind Eterishvili in changing his charge from hard time into a bail. “I accompanied my friend in the Gurjaani branch of the Bank of Georgia, as he had to pay some money. The accountant was speaking with a young man with a beard. The accountant asked him how he could manage to be freed from prison and he replied that Giorgi Ghviniashvili could arrange it for him as a go-between. However, something would be expected in return. Support would be needed from him in supporting the National party in winning the elections,” explained the respondent.
Giorgi Ghviniashvili, former Tbilisi prosecutor, currently an MP from Gurjaani district and chairperson of the Agricultural Committee of the Parliament, denies any connection whatsoever in the early release of criminals. “During the pre-election campaign people informed us that their relatives were arbitrarily arrested and asked for help; but it does not mean that I or any of my team-member interfered in the functions of a prosecutor, judge, or criminal justice system. I have no connection the gaining of freedom for the criminals,” said Giorgi Ghviniashvili.
Freed prisoners were most active in Telavi and Dedpolistskaro. Kako Iobashvili ordered the voters to vote for the National Movement in Telavi. Reportedly, Special Operative Department arrested Iobashvili for drug use back in July of 2006. However; he was set free before the elections. Aleksandre Natroshvili, former official from the Control Chamber participated in the election procedures in Dedoplistskaro; he was charged as a professional criminal; Special Operative Department then arrested him again a short time before the parliamentary elections.
Remarkably, not only freed prisoners and their relatives were active during the elections but also parents and close relatives. Often these extended family members served in the election local commissions. Representatives of the opposition parties claim that if the National Movement won in their precincts, they were promised that their sons would be released. For example, representatives of the Sighnaghi organization of the Republic Party, stated that Dali Davitashvili, the chairperson of the PEC in the village of Kvemo Magharo in Sighnaghi DEC did her best to make sure that the voters had circled number “five” for the National Movement. He even went as far as to tell people who to vote for when they entered the voting booth. Moreover, activists from the ruling party asked voters to mark the candidate and the party without the formality of entering the booth, and this was to make sure that the vote for the party was guaranteed. According to the information provided by the Internal Ministry, Gia Davitashvili, son of Dali Davitashvili, is serving his term for robbery, which is the likely motivation for his active involvement in parliamentary elections.
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