Web Portal on Human Rights in Georgia
13 - year problem from Nephew
24.08.2007
,,It was very abusive for me, when they said, that Bebiashvili was not convicted, but it did not mean, that she was not guilty. I did not know that working in the school during 15 years is a crime. I demand to show me the documents, proving my crime”, - declared Nana Bebiashvili on the sitting of the Kutaisi court, when the representative of Prosecutor office demanded 13 years imprisonment.
Niko Kankava Advocate of Nana Bebiashvili applied to Human Right Center Kutaisi office and described the contraventions in Bebiashvili’s case. According to advocate, Nana Bebiashvili is illegal prisoner and the court violates her rights.
Nana Beberashvili was arrested in September 2, 2006 by the Tkibuli region police. She was arrested with her nephews Mamamze Zosiashvili, Meliton Zosiashvilebi and their friend Zviad Khujadze in Terjola region.
According to legal bodies, the chief of Tkibuli police Davit Tsirekidze gave information to his deputy Gela Tvalchrelidze that Mamamze Zosiashvili had to receive some illegal object from the female person. What was this object police did not know. Despite this, several armed policemen took part in the arresting process. Mamamze Zosiashvili edmited, that five pills of Subotex, which had been found after the search, were his. He said that he bought drugs in Kutaisi for private usage. Though, during the investigation this fact was not foreseen and court made Nana Bebiashvili answerable according the articles, which demands a severe punishment.
,,At first Nana Bebiashvili’s rights have been violated, when police stopped the car and arrested persons without any description. In addition to that police searched arrested persons without witnesses. Before searching her bag, Nana Bebiashvili demanded the witness, but policemen ignored her demand. Before and after Bebiashvili was transported to police office she demanded the advocate, but this demand was also ignored. This is clear from the examination report. During examination suspected person kept silence, but investigator Kakhidze made a document, according to which Bebiashvili said him that she lived in Tbilisi. Such fact really did not occur, but police used this document to search her house. Neither Bebiashvili nor other members of the family were attended the search process. This is the violation of her rights. According to the low, only the house owner has right to choose witnesses. In this case, investigator personally chose witnesses oposite of Bebiashvili’s wish”, - declares advocate Niko Kankava.
In addition to that he says, that Tkibuli region police has right to arrest and search persons, but investigation was the competence of Terjola region. “Despite this, the most part of case was investigated in Tkibuli region and only in September 15 it was sent to Terjola region”, - declares Niko Kankava.
By the opinion of advocate, Because of such law contraventions and innocence of Bebiashvili, court made decision to release her under bail. But she has still attended the sittings of the court. During the several days Niko Kankava left for a business trip to Sweden. At the same time judge ended the sittings of the court in one week and Bebiashvili was arrested again.
,,During the sitting of the court I did not want to apply about contraventions to general prosecutor, general inspection, ombudsman and other organizations. I thought that after releasing under bail, legal bodies would be more correct, but now I see that it is impossible. By this reason before Kutaisi appeal court will bring final verdict, I apply to the offices of general prosecutor and ombudsman. My demand is to punish representatives of interior ministry Tkibuli region office and office of prosecutor in Zestaponi. We will prove Bebiashvili’s innocence. Maybe we will appeal to the court of Strasburg”, - says Niko Kankava.
Representatives of the prosecutor office keep silence about this case and do not comment. The sitting of the court in Kutaisi will be held in September 26.
Lela Khidasheli, Kutaisi
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