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Midwife Charged with Trafficking Released

March 28, 2005

Midwife Charged with Trafficking Released

On March 25 Isani-Samgori District Court changed the sentence to Nanuli Kenkadze, a midwife of Tbilisi N5 Maternity house who had been charged with trafficking. Due to the newly revealed circumstances the judge was obliged to sentence Nanuli Kenkadze to house arrest.

Nanuli Kenkadze has been tried according to the first part of article 143 of the Criminal Code (trafficking of minors) which calls for 8 to 15 years of imprisonment.
 
However the defendant is a 64-year-old woman who suffers from various illnesses.  Besides Kenkadze’s state of health, the circumstances of the case show that it was only with the consent of the mother that the child was given to a rich family, with the intention to give the child normal conditions for up-bringing.

The attorneys believe that it is a crime which is considered by article 172 of the Criminal Code (making an illegal deal about the minor with the aim of adoption) which does not considers imprisonment as punishment.

Article 42 of the Constitution

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