Chronicles of Brutal Torture

Lawyer requests to punish the officials who tortured prisoner Malkhaz Arkania

The executive director of Human Rights Center Ucha Nanuashvili has received an address of lawyer Lekso Arkania accompanied with the explanation note of prisoner Malkhaz Arkania imprisoned in #8 prison department and other documents. Malkhaz Arkania was detained in 2011 at Enguri Bridge when he was leaving Gali region.

According to the explanation of the prisoner, the representatives of the law-enforcement tried to impose the charge under the offence of participation in the subversive acts organized in the Georgian territory. However, ultimately according to the Independent Commission of Human Rights, Malkhaz Arkania has been sentenced with 7-year imprisonment under the offence of purchase-keeping of drugs. According to the prisoner, the drugs were planted upon his detention.

Human Rights Center joins the request of the lawyer and considers that the Office of Prosecutor should swiftly start investigation and study the facts reflected in the address of lawyer as well as the explanation note of the prisoner. Since the Office of Prosecutor has not started the investigation yet, the Center decided to publish the letter of Lekso Arkania for public discussion. Here is the full version of the document.

Letter of Lawyer Lekso Arkania to the Executive Director of Human Rights Center Ucha Nanuashvili

I am representing and protecting interests of prisoner Malkhaz Arkania who was sentenced for the crime that he did not commit (see the appendix #1). The drug heroine was planted on him upon his detention. According to the April 4, 2011 decision of judge of Zugdidi regional court, he was sentenced to 7 years in prison according to paragraph A of article 260 of Criminal Code.

On May 19th of 2011, Malkhaz Arkania was unexpectedly transferred from department #4 of Zugdidi penitentiary to Tbilisi #8 penitentiary department where he was brutally tortured to obtain avowal of guilt by the order and participation of high official of Zemo Svaneti regional department Megis Kardava and the investigator of the same department Lasha Kolbaia according to the explanation note of the prisoner. (see the appendix #1). They exercised physical and psychological as well as moral torture against the prisoner.

According to explanation given to the representative of the Office of Public Defender on June 22nd of 2011, the prisoner Malkhaz Arkania describes in detail how severely he was tortured by the deputy head of Zugdidi regional department Megis Kardava and the investigator of the same department Lasha Kolbaia, director of #8 penitentiary prison department Aleko Mukhadze and other individuals. The prisoner describes how he was made to eat his written avowal of guilt which they disliked. He tells how he was made to watch the rape of an unidentified prisoner by a masked man. He was forced to watch it and remember that he would be treated the same way if he does not give the avowal of guilt desirable for them. Also, the prisoner tells how he was made to take off his pants and was taken photos. By this form they tried to obtain the avowal of guilt from the prisoner Malkhaz Arkania.

Prisoner Malkhaz Arkania tried to commit suicide several times. He still has a sign of cutting veins on the left hand and the wound in the chest area inflicted by the pen. That is how he tried to commit suicide.

The pressure and inhuman treatment is still ongoing against Malkhaz Arkania. On June 22nd of 2011, the representative of Public Defender visited him. According to him, he received explanations from the prisoner for four hours regarding the brutalities committed against him in #9 penitentiary department.

According to the prisoner Malkhaz Arkania, in half an hour after the visit of representative of Public Defender (the conversation was eavesdropped), the head of #8 penitentiary department and investigator Lasha Kolbaia visited him and they knew all about the conversation he had with the representative of Public Defender. According to the prisoner, he was severely beaten. The investigator composed the protocol and the head of the prison forced him to write that facts described in the explanation given to the representative of Public Defender were not true and he was forced to give such explanation by his lawyer. He was also threatened to be raped if he did not give aversion against me, his lawyer.

On June 27th of 2011, Malkhaz Arkania was forced to refuse to continue the proceedings started by the Office of Public Defender regarding the facts described in his explanation. (see appendix #2).

On June 28th of 2011, I visited #8 penitentiary department to see the prisoner Malkhaz Arkania. The prison administration refused to let me in due to the illness of the prisoner. Particularly, according to their explanation, Malkhaz Arkania needed minor surgery and has a high temperature as a result and cannot move. On my request to double-check this information and personally see the prisoner they refused to let me in. I requested the official document form #100 and the documentation describing Malkhaz Arkania’s health state. Despite numerous addresses to the director of penitentiary Department Aleko Mukhadze, this documentation has not been transferred.

On June 29th of 2011 I addressed #8 department of penitentiary to see my client Malkhaz Arkania. I was told there that I would not be allowed to see the prisoner. They explained that Malkhaz Arkania averted me and does not want me to protect his interests. On my request to personally meet my client and find out about the aversion, I was refused to see him. Despite numerous written addresses where I requested from the director of #8 prison cell Aleko Mukhadze to transfer official written document regarding my aversion (which was written by the prisoner Malkhaz Arkania according to explanation), he never transferred it.

On the same day – on June 29th of 2011, the media union Obiektivi assigned lawyers Elguja Chkhaidze and Jumber Milorava to protect Malkhaz Arkania. The head of penitentiary department #8 refused to let them visit the prisoner. The prison administration stated that Malkhaz Arkania averted them. However, the prisoner has never seen these lawyers and has not even been informed about their visit.

The Office of Public Defender is inactive. The representative of Public Defender stated to us that unfortunately they cannot help us since Malkhaz Arkania requested to stop proceedings regarding the explanations given on June 22nd of 2011 and they have no legal right to go against the wish of the prisoner and have influence on his explanation.

Please see the appendix #2 where the prisoner explains to the representative of the Public Defender to why he requests not to react upon his explanation. Here is the quotation from the letter of Public Defender’s representative: “According to the explanation of Malkhaz Arkania, he gave written explanation to the representatives of Public Defender where he talked about the illegal actions committed against him. According to his explanation he no longer wants the Office of Public Defender to react upon it. Otherwise, he thinks that they will revenge against him more severely. He is afraid of revenge.”

We addressed the Psycho-Rehabilitation Center for Victims of Torture, Violence and Pronounced Stress Impact Empatia and requested to swiftly assign the group of experts to check the health state of prisoner Malkhaz Arkania under the frameworks of national preventive mechanism. The group was ready to visit Malkhaz Arkania in #8 prison department but in order to do this they needed the consent of Public Defender Giorgi Tughushi.

Empatia informed us in written form that they addressed the head of Prevention and Monitoring Department of Public Defender via e-mail and received verbal answer that the prisoner refuses to go through medical inspection. Despite numerous addresses, the Office of Public Defender did not present the document which would reflect Malkhaz Arkania’s refusal on medical inspection.

The prisoner who I am talking about is my cousin (in Samegrelo cousin is perceived to be just like brother) – a person who grew up with me. The fact that he averted me is not truth. He is intimidated and threatened to write what they want. We are afraid that Malkhaz Arkania is severely beaten and that is why we are not allowed to enter the prison. We addressed Malkhaz Arkania’s priest to enter the prison department and see the prisoner. Despite numerous attempts of the priest Kakhaber, by the order of the director of #8 department Aleko Mukhadze, he is not allowed to enter see the prisoner…

On July 12th of 2011 the priest was allowed to meet the prisoner Malkhaz Arkania to who the prisoner described how he was threatened to be raped if he did not avert my legal assistance. He was also threatened that I would be arrested and his family member would be killed. Also six prisoners unknown for him were put in his cell and ordered to rape Malkhaz Arkania if he did not request to stop proceedings on the facts described in the explanation given to the representative of Public Defender.

On July 25th of 2011, the lawyers and human rights defenders Gela Nikolaishvili, Eka Beselia, Keti Bekauri, Manana Kobakhidze and Zaza Khatiashvili held an action for the support of prisoner Malkhaz Arkania and me. Despite the resistance of the prison administration, they still managed to see Malkhaz Arkania, talked to him and brought out a statement written by the prisoner where he asks his wife Maia Chakaberia and sister Nino Arkania to immediately hire the desired lawyer.

On July 25th of 2011, the family members of the prisoner Malkhaz Arkania, wife Maia Chakaberia and sister Nino Arkania signed an agreement with me and commissioned me to protect Malkhaz Arkania’s interests. On July 26th of 2011, #8 prison administration refused to let me see prisoner Malkhaz Arkania.

According to human rights defenders Eka Beselia, Keti Bekauri, Manana Kobakhidze and Gela Nikoleishvili, Malkhas Arkania has bruises – the traces of torture and physical pressure. He is depressed and looked in the direction of the cameras and pointed them that their conversation was eavesdropped and he could not talk – he was afraid that the prison administration was going to revenge against him again if he told them how he was beaten and tortured in the #8 prison department.

According to human rights defenders, the judicial-medical expertise should be immediately conducted on Malkhaz Arkania. However, they need Malkhaz Arkania’s written consent confirmed by the head of prison administration Aleko Mukhadze. Mukhadze does not let the prisoner write the written consent. Malkhaz Arkania has been warned that he would be severely revenged in this case.

On July 4th of 2011 based on the written request of the prisoner’s sister Nino Arkania  the Public Defender Giorgi Tughushi addressed the head of penitentiary of the Ministry of Corrections and Legal Assistance of Georgia with a recommendation to ensure to take all measures for security of prisoner Malkhaz Arkania and in case of necessity to transfer him to another penitentiary department.

Khatuna Kalmakhelidze’s department did not satisfy the request of Giorgi Tughushi. According to the Ministry, Malkhaz Arkania’s rights were never violated.

We addressed the Main Office of Prosecutor with the written request to raise the criminal case regarding the facts described in the criminal case; we requested to dismiss the state officials who participated in the torture of Malkhaz Arkania and to punish them by law. Despite our request, the criminals still remain ton their jobs. Moreover, they have not even been interrogated regarding the facts noted in the explanation note.

We addressed the international human rights organizations, representatives of European Parliament, and members of Human Rights Committee of Parliament, Office of Catherine Ashton High Representative of the Union for Foreign Affairs and Security Policy, EU ambassador Philip Dimitrov, representatives of international observatory organization and other NGOs in Georgia.

We are requesting your direct involvement in this case regarding the abovementioned facts. The prisoner Malkhaz Arkania and people who fight for his survival need your help and support.

Respectfully, Lawyer Lekso Arkania