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Bail of Five Thousand Lari and Six-Year-Imprisonment for Taking Scattered Fire-Wood from the Forest

January 16, 2008

Robert Zavrashvili was accused and arrested for thievery because he took scattered fire-wood from the forest. The judge released him under bail. But since Zavrashvili did not have five thousand lari to pay, his property was sequestered. Currently, Kakheti Precinct Prosecutor’s Office demands six-year-imprisonment for him. Judge Lia Otarashvili is in charge of the criminal case.

“We are very poor. So we used to take trees scattered on the ground from the forest; then we choose good fire-wood among them and burnt them in the stove. I have never taken fire-wood without permission from the forest. Moreover, I paid twenty lari once a fortnight to Zurab Ruadze, forest-guard, as he demanded. Later he decided that the money was not enough and demanded thirty lari; I could not pay more.”

“On September 25 2007 I was collecting scattered wood in the forest and Ruadze noticed me. He did not say anything knowing I had a permission and receipt on paid tax. Next day I visited him to get a new permit and receipt but he did not give it to me. He said he had written a report on me and could not issue another permit on my name. I was surprised; he said I could find it out the situation at the Prosecutor’s Office. Soon I was summoned to the Kakheti Precinct Prosecutor’s Office. Investigator Vitali Eloshvili told me that I had cut young trees in the forest and it was a crime. I tried to explain to him that I had collected only fallen down branches; I added that I was seized from that fire-wood and could see whether it was young trees or not. Anyway he did not listen to me. He said the testimony of the forest-guard was more valuable for him than mine and arrested me,” said Robert Zavrashvili, a resident of the village of Vejini.

Telavi District Court satisfied the solicitation of the Kakheti Precinct Prosecutor’s Office and bailed Robert Zavrashvili for 5 thousand lari as a preliminary sentence. Since the accused is poor he could not pay the bail and the court sequestered his property.

Kakheti Prosecutor’s Office finished investigation on Zavrashvili’s crime short time ago.

Prosecutor Khvicha Begiashvili stated that Zavrashvili is blamed for cutting down the trees and bushes of beech, oak and hornbeam. “Robert Zavrashvili, together with his son Soslan Zavrashvili, cut down the fire-wood without legal permission. Thus he damaged the state budget with 1 900 lari and has not reimbursed it yet. His crime was discussed under the Article 303 Paragraph I of the Georgian Criminal Code (illegal cutting of trees and bushes that causes serious damage) which envisages three-year-imprisonment and under the Article 177 Paragraph II-“a” (thievery) that envisages five-year-imprisonment,” said Prosecutor Khvicha Begiashvili.

It is noteworthy that Robert Zavrashvili has official document that empowers him to cut the fire-wood as well as a receipt that he paid tax to the state budget. “If I were cutting wood without permission, why Ruadze did not call the Environmental Inspection when seeing me committing a crime? Simply, these institutions are cooperating after elections and are trying to find resources to fill in the budget. They offered me choice-either prison or plea-bargain and three thousand lari that should be paid to the state budget,” said Zavrashvili who added that he cannot afford that money.

The Human Rights Center tried to get in touch with Zurab Ruadze but could not get through.

We asked lawyer Lia Khuroshvili to make comments on the situation. She explained that illegal cutting of trees and thievery is equally qualified and similar practice has been established in the country recently.

“If a forest guard sees a person on the scene of crime, draws up a report on the crime and then allows an offender to take the illegally cut fire-wood home, it is not a thievery. Because the thievery is a secret appropriation of other’s subject that was not observed in this case. Zavrashvili did not use any force to take the fire-wood home. Thus he did not commit a robbery. It is completely obscure why his action was qualified under two articles. Moreover, Criminal Procedural Code does not envisage the absorption of the minor punishment by a graver one while passing a verdict. Nowadays judges add up punishments. Finally, if we add up the maximum sentences of Zavrashvili, court might sentence him to eight-year-imprisonment in addition to a bail. Judge does not pass final verdicts without bails for a long time already,” said the lawyer.

Gurjaani District Court will discuss the criminal case on Zavrashvili in the nearest future.

Gela Mtivlishvili, Kakheti

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