Unprecedented Illegality – The Victims Are Accused

Five students of the Technical University of Georgia have been in Gldani prison # 8 for eight months already. Zaza Shavliashvili, Vasil Giguashvili, Nika Beruashvili, Roland Nikolozashvili and Saba Mghvdeladze are victims and accused in one case. Their wounds have after-affect and now their health conditions are grave. Despite that, the prosecutor’s office does not agree to sign plea-agreement with the young people and tries to punish them strictly.

On October 13, 2009, two groups of young people had quarrel in Kostava Street as a result of which 6 boys were wounded; they were Zaza Shavliashvili, Vasil Giguashvili, Badri Mikatadze, Nika Beruashvili, Roland Nikolozashvili and Saba Mghvdeladze. Levan Abashidze was soon arrested for the incident and was judged for wounding the young people; he was sent to prison for 13 years. The wounded boys were victims in the case.

Three months later, the victims were unexpectedly detained and sentenced to two-month pretrial detention. Thus, they were victims and accused in one case.

The “accused victims” were charged under Article 239, Part II – “a” of the Criminal Code of Georgia which means premeditated crime committed by the group of people that blatantly breaches the public order. The lawyer of the Human Rights Center Eka Kobesashvili, who is attorney of one of the convicted, stated that neither the claiming of the prosecutor nor the testimonies of the witnesses prove that the incident was premeditated or planned. The quarrel started spontaneously. One more interesting detail is that there are no victims in the criminal case launched against the students.

The family members of the prisoners are most concerned about the aggravated health conditions of their children. As a result of the wound Saba Mghvdeladze has tuberculosis of intestines; Zaza Shavliashvili has got ill with C-hepatitis after he was wounded in the liver during the incident. The others also have problems because of the wounds. Unfortunately, the boys had entered the Technical University in 2009 and they could not enjoy their studentship because of the incident – initially they were wounded and then the state arbitrarily sent them to prison.

“Zaza Shavliashvili feels very bad and it is very difficult to transport him to the trial. After detention, he has not taken corresponding medical treatment at all. He only received vitamins in the detention setting which is not enough for him. Zaza feels dizzy, faints time-to-time, he has c-hepatitis and needs special treatment. The jail hospital does not have even medicines which are necessary for his treatment. Being in the prison is dangerous for the life of my client,” said Eka Kobesashvili.

“After detention Saba Mghvdeladze has got sick with the tuberculosis of the intestines. There are no conditions for the treatment of the disease in the jail hospital. So, I think being in prison is dangerous for the life of my client,” said Davit Dekanoidze, the attorney of Saba Mghvdeladze.

Several conclusions of the alternative expertise also confirm that the health conditions of the convicted boys are grave and they require urgent medical treatment. The penitentiary department cannot provide them with efficient treatment. Thus, the families of the prisoners are ready to sign plea-agreements. The attorneys petitioned to the court to change the imprisonment into a bail but the court did not satisfy their petition. The “accused victims” are still in prison.

The family members and the attorneys cannot understand why the victims were arrested three months after the accident; Levan Abashidze was already convicted for their wounding.

“If they already suspected the boys in the crime, why they arrested them three months later?! Where were they meanwhile?! We cannot understand why they had changed the position and accused victims in the crime. The prosecutor said “they did not cooperate with the investigation” and now they punish them for it. However, I think it is very unserious argument,” said the sister of Nika Beruashvili, Marika Beruashvili.

The City Court has not finished the discussion of the case on the “accused victims”. The young people do not plead guilty in the crime and think they are arbitrarily arrested. The case materials and the testimonies of the witnesses prove that the accused did not start the quarrel; they tried to protect themselves. They did not have any weapon or any subject which could injure others. The second group of people was aggressive and the victims had to avoid their attack. As a result the accused boys got injured.

“Detention of our children casts many doubts while only one person is arrested in the second group. The rest of them are free. I wonder whether any high-ranking official has personal interest in it and s/he protects the real offenders. Maybe, somebody wants to revenge against our sons,” said the parents of the “accused victims” and added that despite the unreal accusations and stubborn position of the prosecutor’s office, they still hope the judge will be impartial and will pass the verdict against the “directives” of the prosecutor’s office.