“Strict Hand” Moved from Prison and Businessmen to Army

Public Defender VS Akhalaia

Nona Salaghaia

“He was drunk... After beating, he stuck gun into the mouth of Avaliani and threatened him with death. Then he ordered the special unit to teach him a lesson; armed people attacked Avaliani and started beating him in the head with truncheons...” This is an extract from Public Defender’s Report of 2008 which describes the incident when Bacho Akhalaia beat prisoner Giorgi Avaliani. The Public Defender blames Abkhalaia for physical assault of prisoners and for the inspiration of the so-called Riot in Ortachala Prison on March 27, 2006. The report of the public defender also blames Bacho Akhalaia and his deputies in initiating the campaign against businessman Kibar Khalvashi.

Although the 2008 report of Public Defender is dedicated to the illegal actions of Bacho Akhalaia and criminal investigations were launched on those facts, the government does not care about Akhalaia’s illegal activities.

On August 27, 2009 Bacho Akhalaia, previously deputy defense minister was promoted and now he is Defense Minister of Georgia.

Strict Person or Criminal

President of Georgia spoke about several reasons why he appointed Akhalaia on the new position. The main reason for him was strict character and effective style of work of Bacho Akhalaia: “Much more shall be done and much stricter hand is needed in the defense ministry.” Opponents of the government assessed president’s decision and abovementioned words as one more cynic action. Opposition representatives called Akhalaia the most odious minister. The president appreciates the character of Akhalaia, while the population considers he is offender. “Today, our prison is not ruled by criminal authorities and crimes are not ordered from prison. This man has done it. I was minister of justice but could not do it. But he managed it through using very strict methods,” said President though he does not say that 7 men were killed on March 27, 2006 because of strict measures taken by the penitentiary department.

Public Defender thinks that Akhalaia has destroyed the institute of the so-called criminal authorities. However, this goal was achieved through blatant violation of the law and he must be punished for it. “Late in December of 2005, when Akhalaia was offered to be the head of the Penitentiary Department, I was very happy and said in the parliament that we would see how to resolve problems in prisons. I hoped he would manage it and he really did it. He destroyed the system because it was to be destroyed but I condemn the methods he used to achieve his goal. He started physical assault of prisoners in the prisons, the rights of prisoners were breached, the regime in the custodies became stricter, drugs and guns were planted on the criminals who were supposed to leave prison soon. Whatever Bacho Akhalaia did was crime and violation of human rights. Yes, he destroyed the institute of the criminal authorities but it makes no difference who will breach the law and act like a criminal,” said the Public Defender.

First Argument VS Akhalaia – Inspiration of Prison Riot

Public Defender’s report pays particular attention to the Riot in Prison on March 27, 2006. It is his first argument against Akhalaia.

Investigation materials show that Akhalaia was informed about the danger of serious disoreder in prison at least two days before. According to the report of Davit Chkadua, head of the Security Department, dated by March 25, 2006, the government was informed about the threat of large-scale disorder in the detention setting. The administration of the penitentiary department discussed the issue and decided to move influential criminals to the Prison N 7 from the jail hospital to avoid the incident.

The law enforcement bodies decided to move the prisoners at night. On March 27 Bacho Akhalaia visited the jail hospital together with several colleagues. He started to take the prisoners from the jail in order to avoid the riot; those prisoners were organizers of the riot: Malkhaz Zedelashvili, Platon Mamardashvili, Nikoloz Makhardze, Giorgi Avaliani, Zurab Vibliani, Levan Tsindeliani.

“This process was so boisterous that it could not prevent the upcoming tension; furthermore it worsened the situation and according to the investigation Bacho Akhalaia’s initiative encouraged the riot organizers to start the riot earlier,” it was said in the report of the Public Defender.

According to the investigation carried out by the public defender, it is doubtful whether preliminary investigation was started by law enforcement bodies on March 25. “Our doubt was caused by secret reports of D. Chakua, A. Khukhua and M. Sinauridze to Bacho Ahkhalaia. None of these reports were registered and do not have seal on them to prove the validity of the documents,” states the report.

Based on the conclusion of the Investigation Department of the Ministry of Justice of Georgia issued on April 13, 2006 investigation started against Malkhaz Zedelashvili, Giorgi Avaliani, Nikoloz Makharadze, Platon Mamardashvili, Zurab Vibliani and Levan Tsindeliani. They were blamed for the disobedience to the employee of the detention setting and for disorganization of the activities in the setting. They were also blamed for the attack on the prison administration and for the creation of criminal group.

None of the above-listed people plead guilty. Public Defender pays attention to the testimony of one of the accused Platon Mamardashvili which states that: “On March 26 2006 he was in his cell together with Malkhaz Zedelashvili and Nikoloz Makharadze who was put to prison on the previous day and did not know him at all. At night, Mamardashvili was taken to the office of the prison director where he met Bacho Akhalaia, Megis Kardava, director of the prison N 7 and 15 more people; five of them were in masks and all of them had automatic weapons. Vibliani and Avaliani were led into the room. At the same time Megis Kardava cut a tuft of hair from Mamardashvili and put it in his pocket. Mamardashvili told him to stop his discrediting the masked person slapped him in the face and Mamardashvili had one tooth dropped. Then he saw that Vibliani and Avaliani were also being beaten with truncheons... In the corridor he was ordered to bend forward and he was beaten with truncheons for 10 minutes. Afterwards, he was led out into the yard together with Tsindeliani where they found Vibliani and Tsindliani lying on the ground. The masked people continued their physical assault there too. Mamardashvili heard other prisoners were asking harassers to stop their beating. Later the four prisoners were taken to prison N 7 where they were ordered to take off and the same people continued to beat them; finally they were left in one cell. Platon Mamardashvili denies his conversation about the riot or any disorder and said he did not resist anybody and did not order anybody to disobey law enforcers. He thinks their physical assault became the reason for the riot.”

The other accused people have made similar testimonies. According to the public defender’s report guiltiness of Bacho Akhalaia is proved by the fact that almost every testimony coincides with each other. According to the report it is no doubt that Bacho Akhalaia is guilty – he has abused his power several times and beaten prisoners; he has also inspired the riot... however, it is not the only accusation against Bacho Akhalaia from his former colleague.

Akhalaia had personal interest in Kibar Khalvashi’s case

On September 25, 2007 former Defense Minister of Georgia Irakli Okruashvili made a statement on TV Imedi and it caused serious political tension in the country. He blamed the government of Georgia in many crimes among them in hiding the details of the assassination of the late prime-minister Zurab Jvania. Finally, Irakli Okruashvili had to leave Georgia.

After leaving the country Okruashvili stated several times that government of Georgia started persecution of his friends and political supporters. Okruashvili mentioned the name of his friend, businessman Kibar Khalvashi most often; since Okruashvili fled from the country Khalvashi has not been able to work.

Public Defender got interested in the case of Kibar Khalvashi long before and requested information on him from corresponding institutions. After the public defender’s office studied the provided materials they found out that on September 20, 2007 officers of the Tax Inspection of the Ministry of Finances visited the office of the International Building Company Ltd and informed the board of the company about the scheduled tax inspection of the Ltd within ten days. In parallel to it, four employees of the Tax Inspection occupied the room of Zurab Metreveli, director of the company. They requested financial documents from the accountant. The Tax Inspection was sealing up financial documents during three days. Tengiz Zurabashvili, chairperson of the Inventory Commission of the Taxpayers Inspection was studying the financial documents.

On September 24, Zurab Metreveli was arrested in the Financial Police of the Ministry of Finances. Brother of Kibar Khalvashi, Niaz Khalvashi was also arrested. Financial Police started investigation in the International Building Company Ltd, Art Group Ltd and Priza Ltd simultaneously.

“In parallel to the financial inspection of the companies, the ministries of defense and justice ceased agreements with the building company through breaching the law and under oppression. Employees of the building company were ordered to leave construction materials, equipment and technique on the military bases which were to be constructed. These military bases were in Gori and Senaki,” stated the report.

Construction of the Gldani detention setting was also ceased with similar methods. Malkhaz Osadze, chief engineer of the company, personally witnessed the fact and said that Bacho Akhalaia together with other people in military uniforms declared to the representatives of the company that since the construction did not finish in due time, the International Building Company had to cease construction.

Later Bacho Akhalaia told the representatives of the building company they had to assign the company to the person he would suggest to them. Several days later Akhalaia demanded to register the company on Kibar Khalvashi who was holder of the 25 percent in it; however, Khalvashi categorically refused because he guessed the bail for the arrested Irakli Okruashvili would be paid in his name.

As a result of the final negotiation the company was registered on Malkhaz Osadze and Zaza Gotsiridze, the employees of the company. On October 24, 2007 Malkhaz Osadze, the director of the International Building Company Ltd paid 7, 1 million GEL as a bail for Irakli Okruashvili.

According to Public Defender’s report deputy prosecutor general of Georgia Nika Gvaramia announced on TV on November 6, 2007 that part of Irakli Okruashvili’s bail 6, 5 million GEL was paid by Kibar Khalvashi’s Company but it was false. Nika Gvaramia: “I wonder does anybody pay 10 million instead another person in Georgia or elsewhere?” he also clarified that part of the bail 6, 5 million GEL was paid by the International Building Company which belonged to Kibar Khalvashi; and another part was paid by Nizharadze.”

“Testimonies and recordings of the phone-conversations got hold by the public defender demonstrate that the government directly participated in dividing the shares of the International Building Company against the will of the partners. The government wanted to disclose the friendship of Irakli Okruashvili and Kibar Khalvashi and used all methods to discredit them. For the achievement of their goals it was necessary to convince the society that company of Kibar Khalvashi paid unprecedented amount of money -10 million GEL- as a bail for Okruashvili. When Kibar Khalvashi owned only 25 % of the company similar PR Campaign did not look convincing. So, it was necessary to register the assets on Kibari Khalvashi and if the latter disobeyed their demand the government threatened Khalvashi with deprivation the property. He was threatened personally by Bacho Akhalaia and employees of Akhalaia’s department Revaz Charadze and Kakha Butskhrikidze,” stated the report.

Today, business of Kibar Khalvashi is completely destroyed. He was granted with political shelter in Germany.

Narrow Bridge: From Human Rights Defender to Human Rights Violator

Public Defender Sozar Subari positively characterizes Bacho Akhalaia as his former colleague. According to him, Akhalaia honestly attended to his duty, was very motivated person and was significant team-player at the Public Defender’s Office. “I trusted him and I think that he justified my confidence in many cases. Though once statement made by Bacho Akhalaia was criticized, even by non-official majority members. They criticized me because of Akhalaia. Although his statement was not acceptable for me I protected my colleague”, stated Sozar Subari.

After the conversation with Subar we found out that 2 years ago about 100 soldiers ran away from the Mukhrovani battalion and held a demonstration near the Presidential residence. Irakli Sesiashvili met the soldiers and took them to the Public Defender’s Office where they wanted to hold a press conference. Bacho Akhalaia informed Sozar Subari about it. He was not in Tbilisi and asked him for advice. According to the Constitution of Georgia soldiers cannot hold demonstrations and public defender did not support them. Nevertheless, during the negotiations they agreed that Public Defender’s Office would support the soldiers and defend their rights if they returned to battalion. “Bacho Akhalaia made this statement which was argued by Erekle Sesiashvili. Afterwards, Bacho Akhalaia started shouting and called the soldiers deserters. Calling them deserters was not justified morally or legally. Deserter is a legal term and a person can be a deserter if he abandoned the unit for a month. Bacho Akhalaia defended our position but his manner of expression was not right”, stated Sozar Subari.

Public defender applied to Prosecutor’s Office about criminal activities of Bacho Akhalaia several times. Prosecutor’s Office had to investigate the incident. But as usually, investigation requested by the public defender is not launched or finished in Georgia.

“I think a suspect and accused for any crime must not occupy high political position in the country. It does not matter whether it is Bacho Akhalaia or anybody else. First of all, their cases should be investigated. If he is guilty he must be punished but if he is innocent he can continue his public activities. I think appointing of Bacho Akhalaia on the position of Defense Minister before the investigation is finished is not right”, said public defender.

In case of Akhalaia, Prosecutor’s Office did not react on the cases which were sent from the Public Defender’s Office. It deals with long list of those criminal activities whose authors are not punished so far: persecution and oppression on Kibar Khalvashi, riot in prison in 2006, beating of prisoners in Batumi prison in 2006, beating of prisoner Gocha Patsuria in Ksani prison on January 19, 2006, and many others.

Eradication of the institution of influential criminals and syndrome of impunity in prison moved to the government structures. Apparently it is soldiers’ time now; they also need strict minister.