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Instead of Amnesty, Prisoner Rewarded with Extended Sentence

November 18, 2008

Shorena Kakabadze, Kutaisi

Several days ago, mentally disabled Vazir Khudoian, was slated to be pardoned as part of the wide scale Amnesty on November 23, 2008. However, Khoni district investigation bureau increased his sentence. Khudoiani is placed in Kutaisi Penitentiary Establishment #2. His attorney and relatives are now requesting that the investigation be reopened.

Initially, the third department of the Georgian Border Police started legal prosecution against Khodiani under Article 19-344, Paragraph I of the Criminal Code. Soon thereafter, a medical analysis was conducted on Khudoian, which concluded that he required mental hospitalization. The investigation was dropped as a result.

When patients began rioting at the hospital, Vazir Khudoian was arrested for having participated. It was the second time Khudoian was arrested, this time while suffering from mental problems.

“Currently, criminal prosecution against Vazir Khudoian was launched based on Article 187 Paragraph I of the Criminal Code (inflicting damage or destruction of something). On September 12, based on the verdict passed by Khoni district court, the accused was sentenced to two months in imprison. It is important that during the riot, Khudoian’s health conditions were poor. Thus, Khoni District court should not have imposed imprisonment on him,” said Tengiz Aslanikashvili, attorney.

Vazir Khudoian is a representative of ethnic and religious minorities; he is Yezid. His mother stated: “because of his religious belief he is very passive. He does not want to speak about the incident. He does not blame anybody and does not want to justify his behavior.”

Personnel of the mental hospital also recalled his passive character. They pointed out that Vazir was passive during the riot too and he did not express any interest in the on-going uprising.

“Evidently, law enforcers want to take advantage of the passive character of my son and his sentence is getting graver and graver,” said mother of Khudian.

The crime that was committed by the detainee (under Article 187) is listed as one of those categories of crimes that will be pardoned in near future. However, before that situation was developed in different way.

“I read bill of particulars as well as Khudian himself. Afterwards, the case was sent to the court for further discussion. It turned out that a new charge was added to the conclusion that envisages a three-year-imprisonment (Article 226 of the Criminal Code that envisages organization of illegal activities of a group that blatantly breaches public order or disobedience to a legal order of an official, etc). Today, when this person could have been pardoned, with the agreement of the prosecutor, investigation imposes a new charge on him,” said the attorney.

Additional charge was imposed on Khudoian shortly before the trial was fixed. Lawyers consider that it is not illegal decision. Simply, it is a legal illegality that further aggravates the situation of the accused.  

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