Illicit Restriction of Movement - Chataev’s Spouse Not Allowed to Cross Georgian Border

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Spouse of Chechen Refugee Akhmed Chataev – Ayna Margoshvili is not allowed to cross Georgian border. According to her, she had tried to leave the country twice during one month but faced problems at the border. Ayna wants to visit her father who lives in Chechnya and has serious health problems.

“I have been blocked at the border twice. We have never faced problems before. On June 10, I wanted to travel to Turkey together with my underage child; they stopped me at the Sarpi Customs Office and refused to cross the border. I had my documents in order; they had no reason to block me. When I inquired they said I had to find out it with the MIA. On June 18, I wanted to travel to Azerbaijan via Lagodekhi district but they did not let me go under the same explanation. Afterwards, I petitioned to the MIA last Thursday for the clarification of the situation but they have not responded so far,” Ayna Margoshvili told ICK.

Head of public relation department at the MIA Nino Giorgobiani said she had no information why Akhmed Chataev’s wife faced problems at the border.

“If she had sent a letter to us, we would respond to her by letter. I cannot say anything more; I do not have information about her problems and reasons,” Nino Giorgobiani told ICK.

Ayna Margoshvili applied to the Public Defender of Georgia Ucha Nanuashvili for help too.

Akhmed Chataev surrendered to law enforcement officers on September 8, 2012. On August 28 Chataev traveled to Lopota gorge from Tbilisi as requested by the leadership of the Counter-Terrorist Center of the MIA before special operation started near Lapankuri. 

MIA senior officials asked Chataev to assist them in the negotiations with Chechen and Kist paramilitaries. The government of Georgia requested the armed formation to throw down weapon and yield to law enforcement officers, whilst they intended to travel to Dagestan. Chataev entered the gorge to negotiate with the paramilitaries; afterwards he informed the senior officials of the Counter-Terrorist Center, whom he knew well, that group members had refused to throw down weapon; however they promised to return to Pankisi Gorge if riot police had left the Lopota Gorge. Head of the Counter Terrorist Center asked Chataev to wait few minutes. Chataev doubts they wanted to get instructions from that-time Minister of Interior Bacho Akhalaia. About 15 minutes later, a sniper wounded Chataev in the leg. The latter managed to hide and soon the special operation started. Wounded Chataev spent 10 days in the Gorge but since his wound worsened and he could not walk, on September 8 he voluntarily yielded to the frontier police officers. Chataev was arrested and taken to Gori military hospital where his left leg was amputated. Court sentenced Chataev to two-month pre-trial detention. He was placed in jail hospital.

MIA had three witnesses against Akhmed Chataev in the criminal case which was investigated by the Constitutional Security Department. Frontiers Giorgi Kereselidze, Badri Tkemaladze and Gogi Aivazashvili claimed that Chataev had weapon when arrested.

On October 24, in his conversation with ICK Giorgi Kereselidze confirmed that Akhmed Chataev had voluntarily surrendered them and had no guns and explosives with him. Kereselidze said all three frontiers were summoned to the CSD and ordered to sign testimonies. The witness said he could not act otherwise and signed it. As for Badri Tkemaladze, he also confirmed Chataev did not have any explosives with him.

Chataev did not plead guilty. Chechens held several protest demonstrations under request of Chataev’s freedom in Pankisi Gorge and in Tbilisi in front of the Ministry of Justice. Nongovernmental organizations also called for his release; news sources systematically reported about the violations observed in his case.

On December 7, Judge Ketevan Jachvadze at the Tbilisi City Court satisfied the motion of the Chief Prosecutor’s Office and released Chechen refugee Akhmed Chataev from imprisonment under bail of 5 000 lari; the charge Chataev was convicted for, was also amnestied.

On January 18, 2013 Chief Prosecutor’s Office of Georgia dropped criminal prosecution against Chataev due to lack of criminal signs in his action. Chataev recovered his 5 000 lari too. After the prosecution was dropped, Chataev left Georgia. Currently he is in Austria where he received a status of Chechen refugee.