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Open Letter to Chief Prosecutor of Georgia, Archil Kbilashvili

November 5, 2012

Gela Mtivlishvili, Head of Information Center of Kakheti

Chechen refugee Akhmed Chataev, 32, has been arbitrarily placed in Gldani prison # 18 for more than one month. Russian soldiers cut off his right hand in 2000 when he was kidnapped from Uru-Martani Hospital, where he was ruthlessly tortured and electro-shocked. Chataev lost his left leg in Georgia after senior officials of the MIA took him to Lopota Gorge to negotiate with militants but  was shot by sniper in the gorge.

Reportedly, Georgian MIA started a so-called anti-terrorist operation in Lopota Gorge, close to Georgian-Dagestan Border late at night on August 28. According to the MIA, the special operation started after five young men were kidnapped from Lapankuri forest. Reportedly, the young people had disappeared on August 26. MIA claimed the armed group had crossed Georgian border and taken young fellows as hostages. On August 29, MIA spread information that as a result of the special operation two MIA officers and a military doctor were killed; five Georgian special unit officers were wounded; 11 militants were liquidated and 6 more were sieged.

On August 30, President of Georgia Mikheil Saakashvili told local residents of Lapankuri village that nobody would ever renew Lekianoba, the meeting was closed for media. I think everybody has convinced that nobody will ever renew Lekianoba of the XVII, XVIII and XIX centuries in Georgia,  the president said.

ICK’s journalists worked in Lopota Gorge since August 28.

We found out that armed group had not crossed the Georgian border from Dagestan side as President Saakashvili alleged. In their interviews with ICK residents of Lapankuri village state the people, whom the so-called former hostages described, were detected in the Lopota Gorge in the past too.

Nobody was kidnapped from the Lopota Gorge.

ICK learned that Georgian citizens were among the armed group members. The MIA denied this information during three days; however on September 1, ICK published names of three people liquidated as a result of the special operation. The MIA again denied the information. On September 2, ICK released photos of three young people Aslan Margoshvili, Bahaudin Aldamov and Bahaudin Bagakashvili, killed during the special operation. In addition to that, ICK learned relatives intended to bury the killed boys in Pankisi Gorge. On the same day, we video-recorded six graves cut in Duisi cemetery. After the photos were spread, the graves were filled in with sand. On September 3, MIA confirmed that they had identified seven out of 11 liquidated militants. Two of them, Aslan Margoshvili, 22, and Bahaudin Aldamov, 26, were citizens of Georgia; other 5 militants were Russian citizens. Afterwards, MIA withdrew the majority of its special units, and gunshots stopped in the gorge.

ICK managed to interview a member of the armed group, who was in Lopota Gorge during the special operation. He said the group intended to travel to Chechen via Dagestan and to cross the border with the support of the anti-terrorist center of the MIA. They were going to participate in military operations in Chechnya. The respondent exposed senior officials, namely head of Kakheti office of the anti-terrorist center, Sandro Amiridze, and employee of the same division, Zelimkhan Khangoshvili, in supporting the militants to cross the border. He added that special operation started after Russian government had learned intentions of this group and mobilized army on the Dagestan border from Russian side. In order to avoid Russia’s accusations of supporting so-called militants, the government killed several members of the armed group.

We also found out that after the special operation Georgian MIA arrested Akhmed Chataev, the personal representative of Doku Umarov, head of Caucasus Emirate in Europe. The MIA hid this information. According to one version, they intended to deliver Chataev to the Russian Federation where he is sought after. His whereabouts were not known for some time. Finally we estimated that on September 8, the detainee was held in Gori military hospital, where they amputated his leg and was then taken to jail hospital in Tbilisi. The Human Rights Center’s lawyer took up Akhmed Chataev’s case.

Chief Prosecutor’s Office of Georgia (prosecutor Elizbar Gozalishvili) blames Akhmed Chataev in committing crimes punished under the Article 236 Part I and II of the Criminal Code of Georgia – illegal purchase, storage, and carriage of explosives; the crime is punishable by imprisonment from three up to five years. Currently, Chataev is sentenced to pretrial detention. He pleads not guilty. He cannot move independently; he does not receive medicines at the  jail hospital.

On October 16, acting minister of corrections and legal aid of Georgia Giorgi Tugushi approved list of people who can enter the penitentiary establishments without special permits. I am among the several journalists on the list. So, I had opportunity to meet detainee Akhmed Chataev. Despite poor health, he recalled details of how he appeared in Lopota Gorge.

On August 28, Akhmed Chataev arrived in Lopota Gorge from Tbilisi via the request of counter-terrorist leaders of the MIA.  Zelimkhan Khangoshvili personally requested him to arrive in the gorge. Chataev travelled from Tbilisi to Telavi by taxi. In Telavi, the leadership of the counter-terrorist center met him by jeep and they went to Lopota Gorge.

MIA senior officers requested his involvement for negotiations between armed Chechen and Kist militants located in the gorge. The government of Georgia requested the group of militants, who intended to travel to Chechnya via Dagestan, to surrender to Georgian law enforcement officers. Chataev entered the gorge to negotiate with militants and afterwards he told the leaders of the counter-terrorist center, whom he knew very well, that the militants refused to put down their arms; they promised to return to Pankisi Gorge if the riot police left the gorge.

The Head of Counter-Terrorist Center asked Chataev for several minutes. Chataev assumed they had to agree the militants’ requests with Bacho Akhalaia. About 15 minutes later, when Chataev was waiting for the reply, a sniper wounded him in the leg. Chataev managed to hide in the forest while 2-3 hours of open fire ensued.

Wounded Chataev stayed in Lopota Gorge for 10 days. Meanwhile his wound was untreated and he could not walk. He walked to the road with the support of a stick and swore to the frontiers that he was alone and without arms. The frontiers, who met him on the road, provided Chataev with his first medical aid, bandaged his wound and informed senior officers about his surrender. Afterwards, Chataev was initially taken to Tbilisi, then to Gori military hospital where his left leg was amputated.

MIA has three witnesses in the criminal case, which was investigated by the Constitutional Security Department; they are the frontiers, Giorgi Kereselidze, Badri Tkemaladze, and Gogi Aivazashvili. All of them worked in Lapankuri border line sector.

On October 24, I met Giorgi Kereselidze and Badri Tkemaladze. Giorgi Kereselidze confirmed that Akhmed Chataev surrendered to them and he had no explosives or weapons on him. He said after the incident all three frontiers were summoned to the CSD and were ordered to sign testimonies there. Kereselidze said they could not resist orders. Badri Tkemaladze also added that Chataev did not have hand-grenades with him.

After our conversation with the frontiers, they received an urgent radiogram from the MIA warning against talking with journalists. On October 30, Giorgi Kereselildze spoke with a journalist of the TV9. Kereselidze confirmed with TV9 that Chataev was not armed and he was ordered to sign fake testimony.

The recent spread of information, which states Chataev was an organizer of the armed group, is false. MIA senior officials are eager to spread this information, especially those who were personally involved in the special operation that ended in casualty. They still occupy high positions in the MIA. They also intimidated the residents of Pankisi Gorige so as not to participate in the protest rally in the gorge on October 28 where participants appealed to the government to release Chataev.

Chataev does not deny that on August 28 group members applied to him for help to travel to Chechnya but he refused them.

It is important to note that the investigation has not questioned Chataev yet.

I think there is more than enough information to drop a criminal persecution against Chataev. First of all, his imprisonment should be changed to bail. Prosecutor Gozalishvili said at the trial, which was initially scheduled on October 29 and then postponed to November 1, that the prosecutor’s office always worked with these methods during last eight hours and that we have no right to be suspicious about the validity of testimonies of the witnesses, let alone when all of them are MIA officers, etc.

Neither I nor the absolute majority of Pankisi gorge population voted for the Georgian Dream party during the Parliamentary Elections, as we refused to help the old trend continue.

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