Hero of Iraq Ramaz Mandzulashvili Won Trial

Saba Tsitsikashvili, Gori

Defense Ministry of Georgia lost trial against hero of Iraq Ramaz Mandzulashvili.

Last year, Gori district court had different opinion about the case of Ramaz Mandzulashvili but it changed its attitude this year. The Ministry of Defence tried to settle the problem before the court passed judgment but the trial turned out too resonant and the court had to pass verdict against the Ministry.

The Ministry of Defense demanded to impose fine of 16 000 GEL and to request compensation of 8 000 GEL from Mandzulashvili. Besides that, the Ministry wanted to fine the soldier for breaching the agreement which envisaged payment of 0, 2 % of 16 000 GEL – 32 GEL a day. Based on the request of the Ministry the soldier also had to pay the price of the military uniform and armament which he was wearing when “deserting the army.”

The Ministry of Defense considered that corporal Ramaz Mandzulashvili deserted Gori Tank Battalion on August 30, 2006 where he had served since March 15, 2005. Consequently, on September 8, 2006 former Minister of Defence Irakli Okruashvili ordered to fire Mandzulashvili from the armed forces. Okruashvili thought the soldier breached the contract though the contract between the Defence Ministry and soldier was not signed from March 15, 2005 till September 22, 2006; so the minister blamed Mandzulashvili for breaching the contract which was not signed by him...

Reportedly, in the middle of September of 2006 Davit Kezerashvili replaced Irakli Okruashvili and the attitude of the ministry towards Mandzulashvili changed. On November 17, 2006 Minister Davit Kezerashvili demanded to sign agreement with Mandzulashvili from September 22, 2006.

Two weeks later, the corporal dismissed by Okruashvili was recruited in the different battalion.

According to the resolution of the new minister Mandzulashvili went to Iraq in June of 2007. He was praised for his military service several times; he served 6 months in Al-Kut in Iraq and on January 25, 2008 he returned from Iraq with award.

In May of 2008 the soldier received a warrant from Gori district court which informed him that the Ministry of Defence demanded 24 000 GEL from him for having breached contract two years before.

Ramaz Mandzulashvili said he knew nothing about breaching contract. He said on August 30, 2006 he changed battalion and could not see his fault in legal formalities. Indeed, according to the Article 9 of the Law of Georgia on the Status of Military Servant “a soldier has right to change his/her place of service if it is necessary because of his or his relative’s health conditions based on the medical conclusion...”

Ramaz Mandzulashvili explained that he needed easier occupation because of his complicated health conditions.

Finally, when Davit Sikharulidze was minister of defense, in February of 2009 the Ministry motioned to the court and requested to cease discussion of imposing the fine on the soldier. The ministry justified its motion by restoring Mandzulashvili to military service again. However, the Ministry still requested reimbursement for the military uniform and equipment.

Although the Ministry denied having sued the soldier, the court discussed the issue of breaching the contract; and concluded that Ramaz Mandzulashvili had not breached the contract.

The court completely agreed with the explanation of Ramaz Mandzulashvili where he claimed that had not deserted the armed forces of Georgia.