Court Hands Down Virtual “Death Penalty” on Physically Disabled Person with TB

Shalva Mchedlishvili

Shalva Mchedlishvili Mchedlishvili, judge of Gurjaani District Court sentenced Ilia Tarashvili to an 8 years and 7 months term of imprisonment The problem is that Tarashvili suffers from systemic tuberculosis and cirrhosis of the right lung. His health condition is extremely difficult, and this sentence may be a dealth sentence. However, the judge did not take his health condidtion into  account when passing sentence. Tarashvili suffers from respiratory difficulties and periodic bleeding. He also can not walk independently on his own. The judge did not take into account the testimony of the accused as well: Tarashvili revealed the facts proving that the investigator had misused his powers.

 The Sighnaghi Investigation Department launched a criminal case on a rustling of cows on February 10, 2003. Police detained Ilia Tarashvili for the alleged charge.

“The criminal case was launched based on the pre investigation inspection materials we had received from Sighnaghi Department of the Ministry of Internal Affairs. It was indicated in the materials that Ilia Tarashvili together with Tajir Bairamov, the inhabitant of village Iormughanlo (Sagarejo district) and a man named Shakhvaltas stolen a cow from the barn of G. Otiashvili in the village of Nukriani, Sighnaghi District the night of February 5, 2003. The material damage equaled to 900 GEL. On the same night this group of criminals stole two of G. Mateshvili’s cows. The value of the cows was estimated at 1,000 GEL. The cows were killed in the village of Chalaubani, Gurjaani District and then the criminals sold the meat and cut-up the money between each other,”- a quote from the Sighnaghi District Prosecutor’s bill of indictment.

Merab Pirosmanishvili, the prosecutor of Sighnaghi District demanded a 9-year prison term at the court hearing.

Before the judge passed a sentence the accused applied for a forensic expertise. “I am very ill; I am a physically disabled person. Besides I suffer from tuberculosis. If you sentence me to imprisonment you will pass a death penalty to me, “stated Ilia Tarashvili.

The prosecutor did not agree with Tarashvili’s application. The prosecutor stated that Tarashvili had committed a crime only once. He had been entitled to a postponement of his sentence. However, Tarashvili committed a crime for the second time and therefore prosecutor considered that Tarashvili should be immediately sentenced to prison term and without any delay. However, the judge upheld Ilia Tarashvili’s application and ordered a forensic expertise to evaluate the situation.

The court asked forensic experts Bakhtadze and Magradze and Kiria, the head of clinics within the National Center for Tuberculosis and Lung Diseases the following questions: Is Tarashvili seriously ill? Will his health condition prevent him from serving sentence? The experts answered: “From the medical standpoint Tarashvili’s tuberculosis is not considered as being at an active phase. However, if we take into account the serious and irreversible complications that followed his disease, we can assume that Tarashvili’s health condition might deteriorate. Tarashvili needs outpatient treatment under the supervision of physicians and a lung doctor. If the situation deteriorates he must be placed in hospital under the supervision of the lung specialist.

According to forensic experts they “were unable to conduct bacterioscopic analysis of phlegm as the patient couldn’t produce it”. The independent experts say that based on this fact the forensic experts couldn’t have defined the full degree of Tarashvili’s illness.

The accused stated at the court hearing that he had not committed the crime. He added that Sandro Kutibashvili, the investigator had misled him. Sandro Kutibashvili, the investigator, came to me when I was adjourned to serve the sentence. He asked me to plea that I robbed cows in Nukriani. He said nobody would detain me as I was ill.

If I admitted that I was the robber, he would fulfill the demand of chiefs on opening the case as soon as possible and Kutibashvili would stay on his position. Kutibashvili asked me to help him numerous times and I agreed.  He gave me the names of two men. They were ethnically Azeris. He told me I had to name them as my accomplices. Kutibashvili even wrote down their names on a sheet of paper. However, nobody knows what they are up to nowadays. I am ready to cooperate with the investigators in this regard,” stated Tarashvili and requested the judge to acquit him. The judge did not take into account the testimony of the accused.

The Sighnaghi District prosecutor did not comment on the testimony after the trial. The judge proceeded to satisfy the prosecutor’s application and sentenced Tarashvili to the 8 years and 7 months in prison.

Nino Andriashvili, the attorney of the Human Rights Center is defends Tarashvili’s interests. The attorney involved in the case after Tarashvili’s family members had applied to the Center. The attorney familiarized with the case several days ago. She will appeal the Sighnaghi District Court decision in Tbilisi court of Appeals; the attorney demands the decision is annulled and set aside.