Prosecutor’s Office Cancels Prosecution and Accusation against Akhmed Chataev

Information Center of Kakheti

The Chief Prosecutor’s Office of Georgia cancelled its criminal prosecution against Chechen refugee Akhmed Chataev, arrested in connection to the special operation in Lopota Gorge, because his actions were not found to be criminal. The bail sum of 5,000 lari will be paid back to Chataev.

Chataev’s lawyer, Nino Andriashvili from the Human Rights Center, told ICK that all three border officers brought in for the preliminary investigation as witnesses were questioned at the trial on January 18th. They said that Chataev had no weapon when he was detained and that they had made testimonies against him as a result of coercion from officers of the Constitutional Security Department of the Ministry of Internal Affairs.  After questioning the border officers at the trial, prosecutor Jaba Gurgenidze petitioned the judge to cancel criminal prosecution against Akhmed Chataev. The judge satisfied the solicitation.

Akhmed Chataev had surrendered to law enforcement officers on September 8, 2012. Reportedly, Chataev arrived in Lopota Gorge on August 28 on the request of leaders of the Counter-Terrorist Center of the MIA, before the MIA started its special operation in Lapankuri.

MIA senior officials asked Chataev to negotiate on their behalf with the armed Chechen and Kist people in the Lopota Gorge. The government of Georgia requested that the group of paramilitaries, who intended to travel to Chechnya via Dagestan, lay down their weapons and surrender to law enforcement officers. Chataev entered the forest to negotiate with paramilitaries and then told officers of the Counter-Terrorist Center that the group’s members refused to throw down their weapons; however, they promised to return to Pankisi Gorge if the special unit left.  The head of the Counter-Terrorist Center asked Chataev to give him a few minutes to deliberate the issue. Chataev believes that the Center had to agree on the course of action with Minister of Interior Bacho Akhalaia. About 15 minutes later, while Chataev waited for a reply, a sniper wounded him in the leg. Chataev managed to hide, and military operations started several minutes later. The wounded Chataev stayed in the Lopota Gorge for 10 days. His wound worsened and he could not move when he surrendered to border officers on September 8. Chataev was detained and taken to Gori military hospital where his left leg was amputated. The Court sentenced Chataev to pretrial detention. He was placed in the jail’s hospital.

The Constitutional Security Department investigated Chataev’s case. According to case materials, there were three witnesses—border officers Giorgi Kereselidze, Badri Tkemaladze and Gogi Aivazashvili, all of whom were officers positioned on the Lapankuri sector of the border. They had said in their testimonies that Chataev was armed at the moment of his detention.

On October 24, Giorgi Kereselidze confirmed with ICK that Akhmed Chataev personally gave into them and that he had no weapon or explosives on him. Kereselidze said that after Chataev’s detention all three border officers were summoned to the CSD and were compelled to sign testimonies. Kereselidze said they could not act otherwise.  Tkemaladze also said that Chataev did not have weapons when he was detained.

Chataev did not plead guilty. Chechens held several protests demanding his freedom in Pankisi Gorge and in front of the Ministry of Justice in Tbilisi. Nongovernmental organizations also requested his release; news agencies wrote about rights violations in his case materials.

On December 7, Judge Ketevan Jachvadze of the Tbilisi City Court satisfied the solicitation of the Chief Prosecutor’s Office and released Akhmed Chataev under bail for 5,000 lari. The crime Chataev was charged for was also amnestied, but, as written above, the prosecutor’s office completely canceled charges against him.