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Akhalaia Refuses Jury to Hear His Case

March 7, 2013

Salome Chkheidze, Salome Achba

Bacho Akhalaia, former Minister of Defense and Internal Affairs refused to allow jury to hear his case. Akhalaia is accused of organization of torture, abuse of authority and illegal deprivation of liberty. Other defendants, including former high official of Ministry of Probation Gaga Mkurnaladze and former head of Joint Staff of the Georgian Armed Forces Giorgi Kalandadze made the same decision and refused jury to hear their case. They stated this at the trial held on April 5th.

Parliament introduced amendment to the Parliament according to which the jury would be able to hear cases of former high government officials starting from January. According to these amendments, defendant decides himself whether his case will be heard by the jury.

At April 5th trial, judge Eka Areshidze did not satisfy request of defense regarding stopping criminal persecution against the defendants. The lawyer stated that there was not sufficient evidence against the defendants to continue the criminal persecution and part of the witnesses changed the initial testimonies. Prosecution did not agree with this request.

“Besides the testimonies of witnesses, we have testimonies of sufferers in the case. These are individuals who experienced the results of these crimes. As for changing testimonies by part of the witnesses, we do not know how and under what conditions they gave changed testimonies. We think there is sufficient evidence in the case which creates reasonable suspicion that the defendants really committed crimes. Therefore, we think that the criminal persecution must not stop and the case should be transferred to the court for substantive hearing,” – Prosecutor noted.

The defense side has different opinion: “There are only testimonies of witnesses in the case. However the actions described in the testimonies are not of criminal nature and do not correspond with the articles by which the investigation qualified the case. Also there are testimonies of sufferers in the case but they do not directly indicate that the defendants committed criminal act. Because of lack of evidence, we think that this case must be dropped.” – The defense side noted.

According to judge’s argumentation, the case evidence was sufficient not to stop the case:

“We think there is sufficient evidence in the case and gives grounds for highly likelihood that these defendants really committed these crimes. Therefore, we do not see the grounds for stopping the case and the case is transferred to the court for substantive hearing” – judge Areshidze noted.

Judge’s decision was followed by protest in the courtroom. The attendees including Eka representatives of National Movement Eka Kherkheulidze, Tea Tutberidze and Khatuna Ochiauri left the courtroom as a sign of protest.

The courtroom also protested decision of judge on March 2nd when she did not satisfy request of defense side to change compulsory measure of imprisonment by bail. The defense side substantiated its decision by stating that there was no danger that the defendant would hide or pressure the defendants. Judge considered that there was danger that Bacho Akhalai would pressure the witnesses and did not satisfy this request.

Besides the accusation discussed at the current hearing, Office of Prosecutor imposed additional accusation against Akhalaia in new episodes on March 1st and 2nd.

On March 1st Office of Prosecutor imposed accusation against Akhalaia in a new episode and states that Bacho Akhalaia when he was head of penitentiary system in March of 2006 beat several prisoners which resulted in a revolt in the prison #5 as a result of which seven prisoners died.

On March 2nd, Office of Prosecutor imposed new episode against Akhalaia. The case regards possible facts of torture, inhuman treatment and abuse of authority. According to explanation of prosecution, in August of 2012 when Akhalaia was the Minister of Internal Affairs, officials of first department of Special Task Department were treated inhumanly for the political sympathies they had towards Georgian Dream an opposition coalition at that time.

Bacho Akhalaia is accused of organization of torture, abuse of authority and illegal deprivation of liberty.

Six more people were accused under the same case: former chief of the United General Staff of the Defense Ministry Giorgi Kalandadze, former deputy chair of the security department of the penitentiary ministry Gaga Mkurnalidze, former commander of the fourth brigade Zurab Shamatava, Aleksandre Giorgadze, Manuchar Daraselia, Giorgi Kintsurashvili and Merab Kikabidze. Kalandadze is accused of the abuse of professional power and illicit restriction of freedom. Mkurnaliadze, Daraselia and Kintsurashvili are accused of illicit restriction of freedom. Shamatava is accused of the abuse of power. As for Merab Kiknadze, he was accused of illicit restriction of freedom and participation in torture. None of the accused people plead guilty.

The substantive hearing in the City Court will be held on March 18th.

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