He Is Not Guilty, Though He Is Guilty

Last summer, famous events took place in the Kodori Gorge and the officials called it a “Wiping Out of the Gorge from Criminals”. The operation resulted into a detention of the gorge residents. Most of them were accused for having taken part in the illegal usage of weapons and participation in illegal formation.

One of similar occasions happened on 31 July in 2006. Officers from the Internal Ministry’s Main Department detained Davit Arghvliani, a resident of the village of Gentsvisi. The criminal case was launched under the Article 236 Section I and II (illegal purchase, storage and usage of the automatic gun).

On August 3, Arghvliani was sentenced to two-month pretrial imprisonment. On August 17, having found new materials regarding the case, the Arghvliani’s lawyer, Zaza Kvatsabia applied to the court and  mediated on changing the imprisonment into a bail. The court satisfied the mediation and Arghvliani was released after 2 000 GEL was paid as a fine.

A month later, on September 5 2006 Arghvliani was accused again for participation of the illegal armed formations.

According to Arghvliani’s attorney and the lawyer for the Human Rights Center’s Zugdidi office, Zaza Kvatsabia, his client became a victim for Kodori Gorge events. The lawyer said that the weapon that is used as evidence in the case was planted by law enforcers.

“There are witnesses who confirm that Arghvliani was taken to detention setting by law enforcers without any gun. The fact that detainee was arrested in the forest and weapons were found on him is false,” said Kvatsabia.

According to the investigation, in 1994 the Ministry of Defense formed an armed unit “Monadire” and Davit Arghvliani was one of the soldiers in it. On May 27, 2005 under the former Minister of Defense, Irakli Okruashvili’s decree, ‘Monadire’ was abolished and declared to be an illegal formation. The investigation stated that Arghvliani did not obey the order and went on its participation in the formation. The lawyer said that there is no evidence in the case materials to prove Arghvliani’s membership in illegal formation. Just the opposite, he was fighting against Kvitsiani and called upon the population not to support the provocative “resistance” Kvitsiani had declared.

Members of the Gorge Council of Elderly People claimed the same. According to Kvatsabia, Arghvliani is an authoritative person in the gorge, he is a member of the Council of Elderly People in the gorge and the Georgian president has decorated him with an award for “Military Bravery.” The Elderly People’s Council and the Azhara-Zemo Abkhazian Municipality describe him as a positive person.

“He has six children; he is a good father for the family and reliable neighbor. He actively involved the public activities in the gorge. He has taken part in the fight for United Georgia. He has never committed a crime and does not have any negative traits…” stated the extract of Arghvliani’s personal description is signed by the Governor of the village.

Although Arghvliani is not guilty, his lawyer applied to the Samegrelo-Zemo Svaneti Regional Prosecutor’s Office and mediated on plea-bargains under the Georgian Criminal Code, Article 679' without declaration of guilt. However, the prosecutor’s office turned down their mediation.

The trial on Arghvliani’s case will soon be held. According to the lawyer, related to the situation in which other detainees from the gorge are Arghvliani will share their fate. Kvatsabia doubts that innocent person will be tried on the basis of biased accusations.

Nana Sajaia, Zugdidi