Categories
Journalistic Survey
Articles
Reportage
Analitic
Photo Reportage
Exclusive
Interview
Foreign Media about Georgia
Editorial
Position
Reader's opinion
Blog
Themes
Children's Rights
Women's Rights
Justice
Refugees/IDPs
Minorities
Media
Army
Health
Corruption
Elections
Education
Penitentiary
Religion
Others

Case on Inhuman Treatment is Prepared for the Human Rights Court in Strasbourg

October 29, 2008

Gela Mtivlishvili, Kakheti

Ioseb Guloshili, Deputy Prosecuter of Sighnaghi District has closed the criminal case on inhuman treatment against Gela Kutibashvili . Guloshvili’s decree indicates that Otar Dighmelashvili, deputy head of Sighnaghi Police did not assault Gela Kutibashvili despite evidence proving otherwise. Guloshvili asserts that Kutibashvili was injured when he was resisting the police officers. However, the victim Kutibashvili denies this allegation. He said that the deputy head of the Sighnaghi police department smashed his face against the car and he received injuries so serious that he is now considered as being physically disabled.

The incident occurred on March 1, 2008 in Tsnori village, Sighnaghi District. That evening, a car turned its flash lights on to signal a mini bus on the village’s main road. This is a sign for the mini bus to stop the car. Gela Kutibashvili, who lives in the village Sakobo, Sighnaghi District was driving the car. Kutibashvili did not stop the car. Consequently the car started chasing after the mini bus. After  several minutes when Kutibashvili stopped his car at a petrol station, someone called him from the car that was chasing him. The strangers demanded that Kutibashvili present his ID card.

“I came to the car and asked those who were inside why they were asking for my documents. The man who was sitting next to the driver grabbed my wallet from my hands with my documents and money in it. I demanded that he give it back to me. I promised to show him my ID if he gave me my wallet. After a while I was given my wallet back with no money in it. Soon he started using foul language at me. I responded and suddenly he crashed my face over the car body. I lost 4 teeth immediately. Some other teeth got stuck in the flesh near the lips. My jaw was also broken,” stated Kutibashvili.

The police officers arrested Kutibashvili on charges of resisting the police. Tamaz Jaliashvili, Sighnaghi District Court Judge sentenced Kutibashvili to a week imprisonment.

“I was bleeding when I was brought to Judge Tamaz Jaliashvili. My face was in a terrible condition. However, he did not ask me how it happened or who assaulted me. The judge believed the false testimony of the police officers who stated that I injured myself after falling down. The judge sentenced me to a week in prison,” stated Kutibashvili.

Following the trial, Kutibashvili was taken directly to a cell for temporarily detention at the MIA Sighnaghi District Division despit requiring immediate medical treatment. “A doctor from the main hospital visited me in the cell. He took out my brocken teeth without using any pain killers. I was not treated normally and as a result, my wounds became infected and terribly swollen. I was taken to hospital in Tsnori 18 hours after being detented because of my deteriorating condition. Moreover, I paid for my treatment and lost 10 teeth. I cannot eat any more and drink normally, “stated Kutibashvili. A medical analysis estimated that the victim will need to undergo 21,207 GEL worth of treatment and restructuring in order to perform normal fuctions again. 

Officially, Sighnaghi District Prosecutor’s Office started an investigation into the brutal beating of Gela Kutibashvili on same the day that the incident occurred. It is indicated in the Prosecutor’s provision that the investigation started out based on the information submitted by Davit Dughashvili, prosecutor of the General Prosecutor’s Office. Davit Dughashvili informed that he saw Gela Kutibashvili, the detainee and a resident of the village of Sakobo, Sighanghi District in the cell for temporarily detention of Sighnaghi MIA Division. According to Dughashvili, Kutibashvili had multiple injures to the face and Kutibashvili informed him that the police officers beat him.

Three days after the incident, Lia Khuroshvili, a lawyer of the Human Rights Center was appointed as Gela Kutibashvili’s attorney with the request of Nodar Kutibashvili, the detainee’s brother.

When Lia Khuroshvili, Gela Kutibashvili’s attorney and her assistant visited the client in the hospital, policemen was guarding the patient’s room. The attorney showed them a warrant and the police let her in. However, the attorney was ousted from the room after three minutes. The police told the Human Rights Center Kakheti regional coordinator (Gela Mtivlishvili) that Ioseb Guloshvili, interim Sighnaghi District Prosecutor instructed them to dismiss the attorney and her assistant from the room. The Human Rights Center called the Prosecutor Guloshvili and asked to explain why he was preventing the attorney from seeing the client. Guloshvili responeded by using foul language against the HRIDC representative.

During the preliminary investigation, the Sighnaghi District Prosecutor did not satisfy any of Kutibashvili’s attorney’s motions.

The prosecutor did not declare Kutibashvili was a civil appellant. Hence, Gela Kutibashvili lodged an appeal to the Prosecutor General’s Office. The assault victim demanded that the Prosecutor General’s Office hold the investigation on his case. He was hoping that the Prosecutor General’s Office would conduct a complete and unbiased investigation.

“Gela Kutibashvili did not hit the car body himself. It is impossible to receive such injuries by oneself. The police officers are witnesses. We do not believe that they are unbiased this is because Otar Dighmelashvili is deputy head of the police and their chief. We applied to the district prosecutor with the request to submit a motion to Sighnaghi District Division of MIA on dismissing Otar Dighmelashvili. However, the district prosecutor did not satisfy our appeal. The assault victim states that Otar Dighmelashvili was drunk when he beat Kutibashvili. However, the district prosecutor did not even pay attention to this allegation. We know that it is not the first incident when Dighmelashvili has beaten someone. However, none of his violent activities have been punished,” as quoted from Kutibashvili’s attorney’s application to Prosecutor General’s Office.

On June 27, 2008 the assault victim and his attorney were informed that the Prosecutor General’s Office sent their application to Kakheti District Prosecutor’s Office.

On July 19, 2008 Vazha Maghradze, Deputy Kakheti District Prosecutor informed Kutibashvili and his attorney that they studied the criminal case launched by Sighnaghi District Police Division of MIA and found that the case was investigated in an unbiased way.

On October 10, 2008 Sighnaghi District Prosecutor’s Office stopped the investigation of a criminal case on Kutibashvili’s beating based on the allegation that no crime prescribed by Criminal Code of Georgia was committed.

Kutibashvili’s attorney is planning to appeal this decision in court. However, she thinks that her application will not be satisfied. After having gone through all necessary procedures in Georgia, the Human Rights Center is planning to take the case to the European Court of Human Rights in Starssburg.

News