Woman Still on Hunger Strike in Rustavi Women’s Colony

Nino Tsagareishvili

Prisoner Tamar Talikadze from Rustavi Women’s Colony is still on a hunger strike. She is requesting re-investigation of her case. Lawyer of Human Rights Center Eka Kobeashvili met her several days ago and heard her requests and the case details.

Tamar Talikadze was found guilty on April 16th of 2008 by the decision of Khelvachauri regional court in the offences envisaged by paragraph A of part 3 of article 260 of Criminal Code (Illicit Preparation, Production, Purchase, Keeping of drugs, in especially large quantities) and paragraph A of part 4 of article 262 (Illegal Import to or Export from, or International Transit Shipment Across Georgia, of Narcotics, Analogy or Precursor, in especially large quantity). 30-years imprisonment sentence was passed as a result.

Tamar Talikadze does not find herself guilty in the imposed charge. According to her, she crossed the Turkish border in 2007 when she was coming back with her juvenile daughter. She had met someone named “Eka” in Istanbul near the Aksarai Metro station who worked as a ticket-seller in some company. She told “Eka” that she was going to Georgia. Another time she met her was in the bus on the way back. The bus took them back till the Turkish border.

According to Tamar Talikadze, when she talked with her friends, “Eka” called her daughter and gave her a pink bag. Her daughter Mariam Talikadze confirms the story. According to her testimony, when they were coming back to Georgia there was a lady in the bus whose name she does not remember. Before crossing the border, the lady who travelled with them gave her a little bag and told her that she was waiting for her friends and she would take the bag back after crossing the border. When she crossed the border with her mother, she was detained and searched. Two perfume boxes were taken out of the bag where there was 698.57 grams of heroin. She stated that the bag belongs to another lady and described her.

Tamar Talikadze states that when she was detained after crossing the border, “Eka” called her phone and talked with her by permission of employees of Constitutional Security Department. By instruction of these policemen Tamar told them: “everything is going well.” “Eka” said that she was going to cross the border soon. So, they stood next to the window and starting to watch. Tamar Talikadze asked to bring them to the area where umbrellas stood as they had agreed to meet there. The policemen did not consider her request.

Tamar Talikadze states that the policemen did not apply every measure to find and detain person who gave handbag to her daughter. She requests re-investigation of her case.

Lawyer of Human Rights Center Eka Kobesashvili states that the interrogation of juvenile Mariam Talikadze who was 12-years-old at the time of interrogation occurred by violating of existent procedural provisions. Particularly, according to article 306 of the existent Criminal Procedural Code of Georgia it is possible to interrogate a juvenile only with the attendance of her teacher or legal representative. Mariam Talikadze who studied in Tbilisi was interrogated with the attendance of the teacher from Khelvachauri region who was not her teacher.

Eka Kobesashvili states that the evidences presented in the case namely the testimonies of the policemen who searched Tamar Talikadze and the drugs withdrawn from the bad are not sufficient to prove her guilt. These evidences do not prove that Tamar Talikadze realized the fact of shipment of drugs through the bag of her child. There is no evidence in the case which would prove this fact.

According to article 259 of Criminal Procedural Code of Georgia, the court verdict is grounded if it relies on the aggregate of evidences examined at the trial and excluding any doubt. According to Eka Kobesashvili, these evidences raise doubts and the doubt was not resolved in favor of the defendant.

Article 18 of Criminal Procedural Code of Georgia explains that examining the case details must be comprehensive, objective and complete. According to Eka Kobesasvhili, in this case the preliminary investigation did not double-check the explanations of the detainees comprehensively and did not take measures to establish the real owner of the bag. Human Rights Center will address the Office of Prosecutor with the request to re-investigate this case in the nearest future.

Tamar Talikadze addressed the extreme form of protest in 2010 as well. She was protesting against the decision of Supreme Court of Georgia. Supreme Court refused to take her cassation complaint at that time and upheld the decision of Appellate Court.