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Title Seized, Physically Abused and Fired from Job

May 3, 2011

Nino Mikiashvili, Presage.tv

Badri Khitarishvili, former commander of the transport unit of the fourth infantry brigade of the land force of the Defense Ministry of Georgia was intimidated in the General Headquarters as a denouncer; commander tore off the symbols of the fourth infantry brigade and badge of the military officer from the uniform, beat him and then fired from the Army.

Badri Khitarishvili personally informed us about the incident. The Defense Ministry denied the information about the incident in the General HQ in the interview with the Obiektivi.net.

Judge of the Administrative Case Collegium of the Tbilisi City Court Tinatin Shaverdashvili discussed and declined the suit of the suit of the Georgian officer who requested recruitment in the armed forces. The Appeal Court will discuss his suit now. In parallel to it, the Public Defender’s Office is studying the legality of his dismissal from the armed forces.

We interviewed Badri Khitarishvili, his lawyer Maka Chechelashvili, head of public relation department of the Public Defender’s Office Nino Eremashvili, director of the Association “Law and Freedom” Irakli Sesiashvili and head of public relation department of the Defense Ministry Salome Makharadze.

Badri Khitarishvili joined the Armed Forces in 1997. He participated in the armed conflict in August of 2008; before that, he participated in the military operations in Shida Kartli region in 2004 and in Kodori Valley in 2001. In April of 2010, six months before dismissal, Khitarishvili was awarded for Irreproachable Service in the Armed Forces. During the following months he was rebuked several times; in October he was dismissed and on December 18 he was officially fired from the Armed Forces based on the order signed by Minister Bacho Akhalaia.

On March 22, 2011, Judge Tinatin Shaverdashvili wrote in the judgment passed in the name of Georgia:

“The suitor alleges that he was arbitrarily fired from the Armed Forces and before firing he was insulted and physically abused.” The Defense Ministry, which was represented by Giorgi Tsabadze at the court, clarified Khitarishvili’s dismissal as follows: “Due to the terms of the labor contract and law, he breached the contract requirements and as a result he was fired from the Georgian Armed Forces.”

Badri Khitarishvili’s version about his dismissal from the Armed Forces: “Everything happened because of personal disagreement – I worked for the 32nd battalion of the third infantry brigade in 2005; we were preparing for Iraq, we were taking special trainings but suddenly Davit Shvelidze was appointed to the position of the battalion commander who fired about 60 officers; I was one of them. They wrote “professional incompliance” as a reason for our dismissal; as if we did not implement our duties. Before firing I had never been rebuked; I had never breached any rules. Besides that, when they fired me I was on vacation.

One part of the fired people completely abandoned the military service; another part was recruited back after the court involved in the disagreement – the parties agreed and we returned to the army. After that, I served in the fourth infantry brigade for three years. Meanwhile, Davit Shvelidze changed various positions and one day he became the commander of the fourth brigade.”

Badri Khitarishvili described his meeting with the former commander as follows: “He told me in front of 5 000 officers: “I have fired you. You are not the right officer to work with me! How did you manage to return to the army?!” After that, he insulted me every day. This time, he did not repeat his mistakes from 2005 and started to reprimand me constantly; then he reduced my salary to 60% in order to make my dismissal legal; three months later I was fired.”

Badri Khitarishvili did not complain about reprimands while he was still in the army. He said it was equal to leaving the armed forces; however, when Davit Shvelidze’s behavior broke all limits, Khitarishvili applied to the General Inspection.

Association “Law and Freedom” has been protecting the rights of the youth of paramilitary age and soldiers for more than 10 years. We asked the association director Irakli Sesiashvili whether it was correct from the commander to rebuke the officer in front of the entire brigade. Sesiashvili answered: “It is example of anti-statute and unethical treatment of officers in the armed forces because the dignity is the most important for a military servant. When a commander degrades his officer, first of all he degrades the military service, his own dignity and then the officer. It is regulated by the statute, disciplinary rules; so, this particular case is violation of the administrative law.”

Sesiashvili thinks military servants are not properly treated in the armed forces and it is contagious attitude - when high-ranking officer acts incorrectly, other commanders also acquire similar skills and relatively incorrectly and unethically treat their subordinates. “It is a pyramidal system. Much depends on the commander. He should be a model for other officers and it is the real problem for us – the vertical does not properly respect the military servant, military dignity and does not realize how important their attitude towards their subordinates in similar situation is.”

Badri Khitarishvili filed complaint to the General Inspection on October 13, 2010 and the abovementioned incident happened as a result of his complaint. “On the same day, the commander called me at 10:00 pm. I was at the airport to implement my duty. He arrived there, put me in the car and took me to the ministry. We had argument in the car: he asked why I had sued and denounced him at the General Inspection?! He told me: “I will not forgive you; I will kill you! I will find you anywhere and destroy.” I replied to him that I had informed the Inspection about the real situation and could repeat my statement everywhere.

He brought me to the General Headquarters to the Vice-Colonel Gigi Kalandadze. It was 11:00 pm. The commander continued my insulting: “You are not the right person to serve in the fourth brigade! You are denouncer and villain!” Deputy Head of the General HQ Kalandadze tore off the symbol of the fourth infantry brigade and officer’s badge from my uniform and said: “Leave, you are now free.” and I left.”

Khitarishvili said half an hour later the brigade commander Davit Shvelidze called him on the phone and asked in a nice tone: “Badri, brother, everything has cleared up; come to the unit.”

Khitarishvili said the commander changed his attitude because he had left the HQ very agitated and if anything had happened with him after the quarrel, the commander would have been responsible for it. Khitarishvili refused the commander to arrive in the unit.

Irakli Sesiashvili said the deputy head of the General Headquarters was not authorized to seize the brigade symbol and officer badge from the officer. He said only the court has authority to make similar decision.

Badri Khitarishvili said that next day after the title was deprived from him, he was physically assaulted: “On October 14, I was called in the morning; they invited me to the military unit where mandate commission was waiting for me. It was a national holiday – Svetistskhovloba. They held the commission session without preliminary agreement. The military police officers were to attend the session but nobody called them. The commission session started with billingsgate. The commander initially insulted me – “man, I have destroyed you; have not I?! I fired you from job and you managed to restore your position?!” Simultaneously he was trying to take me out in the street to argue with me.

He beat me in the presence of the commission members and called me “denouncer”. I told him I had acted in accordance to the law and rules which he had breached. He could not stand that I blamed him in the presence of other people and went crazy. When we left the unit, two persons approached me – Captain Tsertsvadze and Commander of the Tank Battalion Khurtsidze. They started arguing with me why I had insulted the commander; they were beating me but I did not did anything.

The commander of the maintenance battalion took me to his office; I washed the blood off my face; they put wet clothes on my face to prevent bruises appear. The brigade commander ordered the battalion commander to immediately expel me and another officer (who was also arbitrarily treated by them) from the unit. As a result, I was placed in hospital for brain concussion. The hospital personnel inquired what had happened with me and I told them I had an incident in the military unit. The hospital administration informed the military police and they started investigation. Then they called me to the Vaziani office and warned me: stop complaining and appealing to the court; you will not achieve anything and we will help you.

Badri Khitarishvili said nobody assisted him so a month later he applied to the Public Defender’s Office for help. 

Nino Eremashvili from the Public Defender’s Office clarified that based on Khitarishvili’s application they petitioned to the Defense Ministry and requested a copy of the resignation order and clarification about his dismissal.

“We have not received a reply from the Ministry yet. So, we do not have any official information yet. The last chapter of the Public Defender’s Report 2010 states that communication with the ministry is very difficult. Badri Khitarishvili applied to our office in the second half of March. Since the Defense Ministry did not release the requested documents and the case is discussed at the court, we requested the former military servant to bring the copies of the case materials,” said Eremashvili.

She added that Khitarishvili brought the materials to their office in April and the Public Defender’s Office will react on the violation as soon as they study all the documents.

Khitarishvili also applied to the representatives of the diplomatic corps for help.

Irakli Sesiashvili clarified that physical assault of a military servant is punished under the law – and according to disciplinary statute too; if the military servant has serious injury the harasser shall be punished under the Criminal Code.

“In similar occasion, the victim appeals to the court or to the General Inspection. The corresponding institution – the Military Police in this particular case, is entitled to start investigation. If the investigation is not launched, it can be qualified as a professional negligence. You can find out at the Defense Ministry whether the Military Office started investigation. If the investigation has not launched, they should clarify the reason,” said Irakli Sesiashvili.

Salome Makharadze from the Defense Ministry told the Obieketivi.net that the military police has not started any investigation. When the journalist asked the reason she said: “Because, nobody has filed complaint. In order to start investigation, there should be some problem.”

Badri Khitarishvili’s lawyer Maka Chechelashvili clarified that the suit was filed to the Appeal Court; though it is still unknown whether the judge will discuss the case or not.

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