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Request to Free Prisoners Detained During Special Operation Conducted in Kintsvisi

March 12, 2012

Statement of Nongovernmental Organizations of Georgia

Public organizations of Georgia express alarm and protest on infringement of constitutional rights of people detained on May 26th of 2011 in Kintsvisi. These infringements are clear when studying the materials of the criminal case. The facts of disappearances, torture and grave violations of constitutionally guaranteed rights are particularly alarming both at the preliminary as well as at the stage of judicial investigation.

On the morning of May 26th of 2011, officials of MIA (Ministry of Internal Affairs) detained group of 24 people in the territory surrounding Kintsvisi Monastery. The reason of detention was named to be conspiracy to overthrow constitutional order of Georgia. Special operation was widely covered by various TV channels and the video scenes were disseminated which showed weapons as if withdrawn during the special operation. MIA officials stated that the detainees were preparing state overthrow.

Subsequent development of Kintsvisi Case raises alarm. Particularly, the official website of MIA disseminated information that on May 26th of 2011 its officials detained armed group of 24 members and that the detainees resisted police during the detention operation… Currently, this information is no longer available on the website. Office of Prosecutor entirely neglects the fact of conducting special operation in Kintsvisi. Representative of Office of Prosecutor stated at the trial that no special operation ever occurred in Kintsvisi and the defendants were detained in Tbilisi.

According to the materials of criminal case, counting the term of detention of leader of National Religious Movement Nikoloz Goguadze and other defendants starts not from the moment of their detention in Kintsvisi but from the moment of bringing them to Tbilisi Main Police Agency. As the materials show, in reality Nikoloz Goguadze and other defendants were really detained in Kintsvisi but the special operation was conducted with serious violations – without composing the relevant protocol and other documentations. Police composed these documents on the second day – on May 27th and drew picture as if they were detained in main Police Agency of Tbilisi on that day. It is stated in the case materials that 24 people were not forcefully brought to the Main Police Agency of Tbilisi but they came there voluntarily with a “witness status.”

According to the preliminary disseminated information the detainees had a whole arsenal of guns and were preparing state overthrow. In reality, according to the case materials presented at the trial, out of 24 detainees only one, a former policeman Mikheil Tsilikashvili now a convict happened to have a gun. He was representative of security service and according to legislation, had a right to keep service gun. No other gun was mentioned at the trial. Thus, there is a logical question: If the defendants did not have a gun how were they going to lead the state overthrow?

Detainees suffer with severe bodily injuries, particularly – Nikoloz Goguadze who was cruelly beaten and tortured. This is well demonstrated in the so-called confession video which was operatively disseminated by the government controlled TV channels. Nikoloz Goguadze talks with difficulties, has signs of severe injuries on the fingers and face, signs of torture and looks depressed.

It should be noted that Nikoloz Goguadze had been interrogated from 12 am of May 26th till 6:10 pm of May 27th. At 6:12 pm, the investigator detained him as a defendant. Earlier the same investigator noted that the detainee had bruises on the face and body, also pelvis injury. Besarion Kartsivadze, lawyer of Nikoloz Goguadze asked investigator at the trial why prisoner in severe state like that was interrogated. As a response he stated that the injuries were not visible during the interrogation. However, he was the one who described the injuries in the protocol before the interrogation.

It is alarming that besides Goguadze, injuries and torture signs were observed on other defendants as well. However, after they cooperated with the Office of Prosecutor and made plea-bargain agreements they noted in their testimonies that they were not beaten but received injuries in Kintsvisi some by hitting the leg on the tree, some – hitting the head on the car and others by falling.

Finally, except Goguadze and Keshelava, all detainees signed plea-agreement with the prosecutor’s office. Nevertheless, none of them enjoyed any privileges. Everybody was sentenced to conditional terms – one of them was sentenced to three-year conditional term and most of them to 4 or 5 years.

In particular: Badri Chigogidze was sentenced to 5 years; Bakar Chigogidze to 5 years; Boris Guruli to 4 years; Giorgi Agajanashvili to 4 years; Giorgi Beroshvili  to 4 years; Davit Tutarashvili – 5 years; Davit Shukakidze – 3 years; Davit Chitrekashvili – 4 years; Varlam Charkviani – 4 years; Zaza Gvimradze – 4 years, Zurab Gelashvili – 4 years; Zurab Chitrekashvili – 4 years; Teimuraz Tsambaia – 5 years; Irakli Charbadze – 4 years; Kakhaber Todadze – 4 years; Mamuka Beselia – 4 years; Makhare Sisauri – 4 years; Mikheil Maisuradze – 4 years; Mikheil Tsilikishvili-4 years; Ramaz Gvaladze – 5 years; Jemal Gundishvili – 4 years; Jemal Suramelashvili – 4 years.

Trial on Nikoloz Goguadze and Oleg Keshelava’s finished on August 12, 2011. Nika Goguadze was sentenced to 12-year-imprisonment for plotting and illegal carriage of firearms; Oleg Kveshelava was sentenced to 8-years imprisonment for the same charge. Nikoloz Goguadze does not plead guilty.

Large parts of prisoners declare themselves to be political prisoners. Another part prefers to keep silence due to plea-agreement. They think it could aggravate their conditions even more.

It is significant that according to TV-channels, former governmental officials currently living in Moscow planned the state coup in Georgia and they cooperated with the group. According to the MIA, during the protest assemblies of May, 2011 the Russian Special Forces planned the armed overthrow of the authority with the support of this group. The leaders of the people arrested in Kintsvisi were former interior and security ministers of Georgia Temur Khachishvili and Igor Giorgadze, president of the Foundation for the Union of Russian and Georgian Peoples Vladimer Khomeriki and former MP Valery Gelbakhiani, who was sought for completely different crime and was sheltering in Russia. None of the abovementioned people are mentioned in the criminal case materials. The MIA used their names only for PR. They are not sought and no other criminal case was launched against them either.

It is interesting to note that a short time ago, on February 20, 2012, the MIA arrested Valery Gelbakhiani in relation to the 2008 crime, for what he was sought. However, it had nothing to do with the Kintsvisi special operation. Gelbakhiani was soon released from the courtroom under bail without accusing him of any relation with the Kintsvisi case.

Thus, the case materials do not prove any links between the former governmental officials and people detained in Kintsvisi. Consequently, there is nobody, who ordered state coup and it is quite possible that nobody planned it at all. Simply, the government aimed to neutralize and discredit politically active group.

We appeal to the corresponding institutions of the Georgian government and request:

1) to declare the judgment about 24 detainees of May 26, 2011 Kintsvisi special operation ungrounded and to release arbitrarily imprisoned people from custody;
2) to punish the initiator and implementers of this violent operation who abused their power and kidnapped people from the Kintsvisi Monastery, whose whereabouts were not known during several hours;
3) To impartially investigate the circumstances in which the accused received injuries and to punish every person who tortured them;
4) to punish the people who received so-called confession testimonies through violation of procedural norms and deceived the society;
5) to impose disciplinary liability on the judge who passed the verdict on the case;
6) to fire those officials of the MIA who purposefully spread disinformation on the official website of the MIA and government controlled TV-Channels in order to deceive the society

In the name of relevant organizations, the statement was signed by:

Ucha Nanuashvili, the Human Rights Center
Nazi Janezashvili, Article 42 of the Constitution
Marina Muskhelishvili, Center for Social Studies
Aleks Shoshikelashvili, Institute of Human Rights
Nana Kakabadze, Former Political Prisoners for Human Rights
Irina Putkaradze, Public Advocacy
Eka Beselia, Solidarity with Illegal Prisoners
Zakaria Kutsnashvili, Law for People
Giorgi Khutsishvili, International Center on Conflict and Negotiation
Arnold Stepanyan, civic movement “Multinational Georgia”
Murman Pataraia, Center for Migrants Rights and Integration
Nika Kvaratskhelia, Youth for Justice

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