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Mentally Disabled Juvenile Was Imprisoned

30.12.2009
Maka Malakmadze, Batumi

14-year-old Irakli Abashidze was accused in robbery. According to the accusation, the damage which was caused by the crime is about 200 GEL. However, the lawyers claim there are no documents to justify the accusation. According to the medical expertise, Irakli Abashidze is mentally disabled person. His lawyers are going to send the suit to Strasburg.

“Robbery which caused important damage”, he was accused based on the appeal of the victim Gia Davitadze and witnesses (Davitadze’s colleagues). The investigation has not withdrawn evidence.

Preliminary investigation on 14-year-old Irakli Abashidze started at Batumi Police Station on August 8, 2009.Gia Davtidze took him to the police station. Victim Davitadze wrote in his testimony: “I was at work on August 6 – I am renting out scooters. There are scooters which are not rented out. A drunken person came at about 3:00 pm. I left my mobile phone “Nokia” on the beach; I cannot remember the mode but it was bronze in color and had no distinguishing sign. The number of my mobile phone was 874 52 55 51. Besides that I left 10 GEL and second-meter on the beach. I took my clients into the sea by scooter for 10 minutes. When I returned, 15 meters away from the beach I saw a little boy of about 13-14 took my things and turned back to run away”.

Lawyers cannot understand why the victim Davitadze had left mobile phone, 10 GEL and second-meter on the beach. According to the information provided by the Company “Bilain”, there were no incoming or outgoing calls registered on his mobile number since August 4- 2 days before the robbery. It casts doubt that the mobile phone was not stolen on August 6.

The accused was examined by psychiatrist-physiologist. According to the conclusion of the examination, he is mentally disabled person.”He is slightly mentally disabled; he has immature intellect and psychic defect. When he committed a crime, he could not acknowledge his behavior. Because of his physiological condition, he could not perceive his behavior and its illegality. I. Abashidze cannot realize important circumstance of the case and make correct testimony on it”.

Although preliminary investigation finished, the evidence are not withdrawn yet. The accused names different location of the evidence. “My client cannot analyze what really happened. It makes no difference for him whether he is in the street or in prison. Similar person shall not be convicted. Furthermore, in accordance to the law, mentally disabled juvenile shall be discharged,” said Gela Ghoghoberidze, the attorney.

The attorneys protest the qualification of the charge: “The victim evaluated his phone for 180 GEL and second-meter for 10 GEL. I wonder why they did not evaluate the phone for 30, or 60 or 300 GEL. There are no documents in case materials which could prove that the phone really cost 180 GEL. The victim mentioned this price in order to make the damage more valuable and the charge graver.”

Irakli Abashidze has been registered at Adjara Psycho-Neurological Dispensary since November 25, 2008. According to the diagnosis he is “mentally immature, has slight misbalance of behavior.” The judge at Batumi City Court Davit Gelashvili knew about this notification. However, despite that, he sentenced Abashidze to pretrial detention. The attorneys of the detainee, Gela Ghoghoberidze and Nana Andguladze appealed against the court decision at Kutaisi Appeal Court. However, the Appeal Court did not change the initial judgment either. Irakli Abashidze is still in Batumi Prison N 3.

Abashidze has suffered from psychological misbalance since childhood. The father of the detainee Murad Abashidze recalled. “He is mentally immature and cannot control his behavior. He needed medical treatment but we could not afford it.” Abashidze’s family is on the list of socially disabled families.

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