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Special Appeal of Human Rights Center

September 29, 2010
The Students Wounded in front of the Technical University Got the Same Sentence as the Convicts for the Resounded Murders

On Monday, October 4th, at 2:00 pm, the special press conference will be held in the office of Human Rights Center regarding the verdict passed against the students wounded in front of the Technical University.

On September 28th, the judge of the Tbilisi City Court Badri Kochlamazishvili passed guilty verdict against following accused:  Nika Beruashvili, Zaza Shavliashvili, Saba Mghvdeladze, Vasil Giguashvili and Badri Miqatadze. They were convicted in the crime committed on October 13, 2009, qualified as hooliganism according to the Article 239 Part II-“a” of the Criminal Code of Georgia (hooliganism committed by a prior consent).

Beruashvili, Shavliashvili, Mgdvdeladze and Giguashvili were sentenced to 3 years and 6 months in prison and a fine of 3000 GEL was imposed on them. As for Badri Mikatadze, on the basis of being sought – 4 years in prison and a fine of 3500 GEL was imposed on him. One more convict, Roland Nikolozashvili was released with three year suspended sentence as he “pleaded guilty.” The attorney of his family Nana Pridonashvili worked on it. Based on the deal between the attorney and the prosecutor’s office the family received a guarantee that if Nikolozashvili pleaded guilty in the crime, he would be released from the court-room.

The court did not consider that on the same case the verdict of July 5th of 2010 (Judge Zviad Esebua) of the same court established that the quarrel was started by Levan Abashidze and his companions who inflicted serious life-threatening injuries on Nika Beruashvili, Zaza Shavliashvili, Saba Mghvdeladze, Vasil Giguashvili, Roland Nikolozashvili and Badri Miqatadze. These young people are considered victims in the same criminal case by the investigation. Levan Abashidze is sentenced to 13 years in prison. The wounded young people had a status of victims from October 13 to January 5 of 2009. And on January 5th they were suddenly detained, when Konstantine Gagua occupied the position of the Vake Saburtalo district prosecutor; thus, Levan Menteshashvili was put in charge of the investigation.

Consequently, one investigator carried out the investigation on one case but the court accepted two cases (1. against Levan Abashidze and 2. Against Giguashvili, Beruashvili, Nikolozashvili, Shavliashvili, Mghvdeladze and Mikatadze) and two different verdict were passed.

The victimized students were detained on January 5, 2010 but neither investigation was carried out nor were the witnesses interrogated who proved the hooliganism of Levan Abashidze since then. They did not interrogate other witnesses who could prove the guiltiness of the new detainees. The accusation against them relies on the same materials which became basis for the conviction of Levan Abashidze. In fact, it is one crime but it has two verdicts.

Judge Zviad Esebua passed verdict (which estimated that Levan Abashidze and his unidentified companions started the quarrel and as a result Abashidze was found guilty) when the “investigation” about the accused students already finished and the case was sent to the court. At that time, the investigation already had “valid evidence” that the students had started the quarrel and the incident would never have happened unless their prior consent and agreement – Judge Kochlamazashvili concluded it. If there was similar evidence, why they did not announce it at Levan Abashidze’s trial and why they convicted Abashidze under the same charge then?!

It is illogic why they did not arrest the people who really committed crime and why they still remain unidentified for the investigation though the mother of Levan Abashidze named them at the trial? And after all that what was the purpose of the judgment of the victims.

Reportedly, the illegal activities of the investigation, prosecutor’s office and the court has only one goal – not to identify the personality of the boys who wounded the students and who are under protection of certain high-ranking official.

One more shame for the Georgian judiciary system is that the Judge Kochlamazashvili called upon the accused to plead guilty in the crime which may not be committed by them.

The court didn’t consider the testimonies of the witnesses summoned by the prosecutor’s side, where it was established that no violence or arrant disrespect has taken place by the convicts. Just the opposite, they obeyed the request to obey the public order.

Court was reported that during the incident, Zaza Shavliashvili was wounded in the liver, later inflicted with C hepatitis in the jail. As for Saba Mghvdeladze, the wound in the belly area caused the tuberculosis of guts. The Human Rights Center appealed to the European Court of Human Rights regarding Zaza Shavliashvili’s health. On September 22nd, the response was received which stated that European Court requested the Georgian government to provide them with the information about Shavliashvili’s health situation.

The judge listed several palliative circumstances on the accused in his statement: they do not have criminal record, they are students, they were wounded during the incident, their health conditions are still grave and they are characterized positively. Despite that, the judge imposed imprisonment of three years and half and fine of 3 000 GEL on them while the prosecutor requested 4 years and 3 500 GEL for them. The article envisaged the imprisonment from 2 to 5 years.

It is noteworthy that Article 239, Part II –“a” of the Criminal Code of Georgia envisages the crime committed by prior consent. However, it did not happen in front of the Technical University. The case materials prove that the quarrel started spontaneously, by the second group – Abashidze’s companions - and it was not agreed in advance.

The Human Rights Center thinks that the Judge Kochlamazashvili passed illegal, inadequately strict and inhuman judgment. He continues the tendency of the slavery obedience of the court towards the prosecutor’s office which has become a serious problem for the last few years in the Georgian judiciary system. Simultaneously, the judgment proves that “liberalization of the punishment”, which was largely proclaimed by the governmental officials before the international observes, is only a myth. In fact, the “selective justice” and “zero tolerance” still work in Georgia and as a result of what the detention settings are overcrowded in the country with arbitrarily arrested people.

Just to compare – on November 23, 2004 Buta Robakidze was shot in the street; his murderer- the police officer was sentenced to 4-year-imprisonment and 2 years later he was released from prison early in term. As for the murderers of Sandro Girgvliani, they did not even spend 4 years in prison.

The Human Rights Center appeals to the diplomatic corps and international organizations accredited in Georgia and urges them to monitor the discussion of this particular case which will soon continue in the Appeal Court. At the same time, the Center kindly requests them to respond on the observed violations.

The Human Rights Center
29.09.10.

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