Verdicts Are Not Passed on Time at the Gori District Court

None of the judges from the Gori District Court hurries to pass verdicts. The verdict must be handed in to the parties within fourteen days; however, they are not even printed within that time.

Gori District Court sentenced Revaz Menabdishvili and Tamaz Kusraevi to eight-year-imprisonment. Eighteen-year-old Revaz Menabdishvili was accused for organized robbery and armed resistance against policemen. Nino Shavishvili, lawyer for the prisoner, states that Menabdishvili is completely guiltless for the crime he is accused for.

“I have acted as a lawyer for many cases but in most of them there were some grounds for accusations. As for this case, I have never seen such an innocent accused during my practice,” said Shavishvili. Nino Gergauli, judge at the Gori District Court, passed verdict on May 30 but the notification was handed in only on June 21. Shavishvili was demanding the document during twenty days in vain; she is going to appeal against the verdict.

Human Rights Center got in touch with the court regarding the verdict delivery. Two days later the verdict was handed in the lawyer but she has only nine days to appeal against the decision and it might cause some problems for the attorney; preparing the appeal takes certain period of time.

Menabdishvili accidentally met his cousin, Tamaz Kusraev in the street who was carrying two stolen wine-jars. The policemen detained them at that moment. Menabdishvili’s lawyer said that although her client really resisted the policemen, he has not taken part in robbery.

Tamaz Kusraev does not deny that he stole wine-jars but he claims that Revaz Menabdishvili had not been with him during the robbery.

There are no witnesses in the case. Victim, Ilia Kapanadze has not brought suit to the police and does not demand reimbursement for the damage either. It is strange but Kapanadze lost six wine-jars, wire and alumina saucepan but the police has found only two wine-jars and wire. Revaz Menabdishvili’s mother, Nana Menabdishvili claims that her son went out to buy cigarettes at that time. The accused really bought the cigarette and having left the shop Revaz met his cousin Tamaz Kusraev. The investigation did not interrogate the shop-assistant.

Materials of the preliminary investigation show that the young detainees resisted the policemen; however they searched the detainees at the police station and withdrew only two wine-jars, wire and black sheath of the knife.

The judge does not agree with the testimonies of the accused people in the verdict she passed on May 30 and considered only the testimonies of the policemen as valid evidences and passed verdict.

There are no proofs on Menabdishvili’s participation in the robbery. However the Gori District Court sentenced him to four-year-imprisonment. In addition to that there is no ground to insist on criminal cooperation between Menabdishvili and Kusraev so organized crime should be completely excluded.

Gori District Court bailed Menabdishvili with 3 500 lari for damage and sentenced him to four-year-imprisonment for armed resistance against the police (in total it may make eight-year-imprisonment).

Lawyer for the Human Rights Center, Natia Kaliashvili said that, “there are not any real witnesses for the case who could witness the crime or could recognize the criminals. The investigation did not try to find out any valid proofs in Menabdishvili’s favor; they have not interrogated the shop assistance where the accused bought the cigarette. It is very doubtful that two people were carrying only two wine-jars, while the victim lost six of them. Law enforcers do not try to estimate the truth. The case materials are fraudulent. If somebody meets a criminal in the street and says something to him, it cannot prove that they have committed crime together. Moreover, Kusraev claims that he was alone during the robbery. Two men should have had at least three wine-jars. The investigation cannot prove that those wine-jars really belonged to Ilia Kapanadze. If the case is impartially investigated, it will really be divided into items because there are not any valid proofs in the materials.”

Thea Tedliashvili, Gori