Trafficking or Family Tragedy?

Shorena Kakabadze, Kutaisi

The Criminal Case Chamber of the Kutaisi Appeal Court is now discussing a criminal case that has turned into a family tragedy. A balance is sought on the scales of justice when it comes to the adoption of an infant. Was it a crime of trafficking or not?

Poti City Court sentenced mother, grandmother, two people who wanted to adopt a child and a go-between to eleven-years in prison. It would appear that justice was done at first sight but there is always more to the story than what gets reported in the final analysis.

It is a typical story for Georgia. A twenty-year old girl was pregnant and it was already too late for a legal abortion when the family finally learned about the circumstances facing the young mother-to-be. After much stress, difficulties and the consequences of an unwanted progeny   the child was born. The young mother who was in agreement with her family agreed to give the child up for adoption.

“There are many people who are dreaming of an opportunity to adopt the child. I expected I would make one families happy. In doing so I could avoid the shame and problems I had faced.  My child would have a better future. However, if I had only known that I would be facing such injustice my decision may have been different. I think now that I could have found the resources to bring up my child. Now I am facing extremely difficult conditions and can only rely only on God’s support,” said the mother who asked us to keep her name anonymous. However, she wants everybody to hear about her tragedy and let people decide whether the woman was involved in trafficking or in some crime that was not so grave.

In the maternity house the woman, who gave birth to the child earlier, was assisted by a trader who sold various items at the hospital. The latter told the mother that she knew a family who wanted to adopt a child. The problem was easily resolved. Twenty-two-year-old mother, who did not have enough 450 GEL to pay in the hospital, and she “sold” her baby for the money. Several minutes later the police officers surrounded the adopted parents and go-between and arrested them. Soon the case was sent to the court for a legal decision. The defendant side requested not to consider the incident as a case of human trafficking.

“The woman, who was trying to assist the family to adopt the child, actually could not realize that her activities were not envisaged under the law. She was not involved in trading; she simply wanted to help both sides. The mother wanted to give up a child for adoption because she could not return home and live as a new mother. The mediator also wanted to help the family who did not have a child. Based on moral principles neither accused people, nor their relatives nor lawyers can describe the incident as trafficking. Consequently, we demand to find the defendants innocent,” said Eka Lataria, the lawyer representing the mediator.

The lawyer for the young mother, Maia Tsereteli, fights to free her client from the charges as well. She states that the request of the prosecutor to punish the mother and the grandmother for the crime under the Article 143/2 paragraph II of the Criminal Code is without merit and groundless. “They should be charged under the law that suits the crime. According to the Article 39 of the Georgian Criminal Code, the punishment should not aim to torture a person or degrade him/her. Thus, I demand the court to consider all above-mentioned circumstances and lighten the charges that have been brought against the mother,” said Maia Tsereteli.

Kutaisi Appeal Court will start discussion of the case in near future.