Is Father of a Murdered Person Forced to Commit a Crime?

Is Father of a Murdered Person Forced to Commit a Crime?

Coordinated work of Kakheti Regional Prosecutor Office and investigators of Signagi police office resulted into a desirable  outcome. Nodar Abulashvili, suspect for nineteen-year-old Zviad Bagashvili’s murder, keeps his position as a warden at Signagi police office and is supposed to become a chief of the police soon according to the information.

On the 11th of December in 1999 nineteen-year-old Zviad Bagashvili together with his friend Davit Naskidashvli, visited Nana Tandilashvili, living in Tsnori. Nana’s family did not welcome them. Grandmother called Nodar Abulashvili from Tsnori police office with the help of her granddaughter, who, as neighbors say and according to the spread information, not only often visited but also supported the business of the wanton women.

According to eyewitnesses’ testimonies on policemen’s arriving at the place Tandilashvili’s car was driving from behind the house, though Nodar Abulashvili demanded from him to get out of the car but Bagashvili did not obey. Abulashvili fired table gun and killed him.

The investigation was launched by Signagi regional Prosecutor office. Nodar Abulashvili was questioned at the very day of the murder. According to the warden’s testimony, approaching Bagashvili’s car Zviad Bagashvili tried to escape. In this situation Abulashvili tried to pull the key out of the car, but Bagashvili pulled up the window glass, started the car quickly and tried to escape by driving back. “My hand was caught between the car-door and window-glass. That is why I pulled out the gun, first I fired in the air, and then shot the wheel, and at last I put the gun on the glass. I incidentally fired.”- says Nodar Abulashvili in his testimony which proves that the policeman killed Bagashvili accidentally.

Abulashvili changed his testimony after police had ascertained that the window-pulling mechanism was spoiled on all four doors and it should have been impossible to pull up or down the window.

Prosecutor did not plead Nodar Abulashvili guilty from 11th of December in 1999 till 7th of April in 2000 and subsequently he was not detained. He was charged only on the 7th of April under the article of an intended murder in unburdensome circumstances and for abusing his power, the prosecutor office applied to Telavi Regional Court to solicitate with the demand of Abulashvili’s preliminary imprisonment.

On the 8th of April the court ordered to arrest him, though roughly abrogating procedure   law, and Iuri Gabisonia, judge at Tbilisi County Court investigation board abolished the court direction about his arrest and released Nodar Abulashvili from the court hall.

As lawyers say, investigation could arrest Abulashvili again and charge him according to article 108 (intended murder in a burdensome circumstances.), but it did not act so. Investigator, Janiashvili says that he could not see any crime conformable to article 104. The prosecutor conformed to Abulashvili only police supervision.

The resolution was passed several times on ceasing the investigation.  Vazha Baghashvili, father of the murdered person points out that the case had been returned back to the renewed investigation by County and Supreme Courts for five times but the investigation rejected all court directions. “All proofs on Nodar Abulashvili’s accusation in the crime were changed by investigators in favor of the suspect. The Abulashvilis terrorized us to cease the appeal against them, but we have no other wish just to see our son’s murderer punished. If the prosecutor does not arrest the suspect soon enough, I should say that I would accomplish the provocation sent to me several times and I will kill him. I am forced to…”- says Vazha Bagashvili and adds that he has no hope to see the criminal arrested because he is patronaged by his brother, MP Nugzar Abulashvili, his relative, Gurdgaani regional prosecutor Vano Mkhargrdzeli   and many other high ranking officials.

Nobody comments on father’s charges in Kakheti County Prosecutor, but in Signagi police office they know about the crime committed by Abulashvili but sacking him from the police is beyond their competence.

On the 13th of July, at 12 a.m. relatives, close friends of Baghashvili, NGOs and public representatives held a demonstration demanding to renew investigation and to punish the criminal severely. They demanded to arrest the clients of Sandro Girgvliani murder as well.

Gela Mtivlishvili, Kakheti