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HRIDC Demand Results in “Edge-of ’Death” Prisoner Released

November 20, 2008

 “Who Brought a Prisoner to Death Door?”

Saba Tsitsikashvili, Gori

On November 13, 2008 the Tbilisi City Court released Mikheil Shatakishvili, a convict from prison because health condition had deteriorated so severely. The prisoner was sentenced to 6 years of prison term and a fine of 3 000 GEL by the Tbilisi City Court on July 2, 2007. The convict’s health condition has become worst since then. Eka Khutsishvili, the lawyer of the Human Rights Center (HRIDC) Shida Karti Office was Shatakishvili’s attorney. Due to Shatakishvili’s poor health his attorney filed a motion to the court with the request to release the convict before his actual term was over. The court upheld the attorney’s motion under the dire circumstances.

Eka Khutsishvili, the lawyer of the HRIDC applied to the Tbilisi City Court with the motion on releasing Shatakishvili on November 4, 2008. Mikheil Shatakishvili was convicted for committing a crime designated by Article 273 and Subparagraph A, Part II of Article 260 of the Criminal Code of Georgia. Eka Khutsishvili presented the conclusion of forensic analysis dating September 12, 2008 to the court. It was written in this conclusion that convict Shatakishvili’s health was in severe condition.

The attorney told the court that the convict had very poor health. She said he could not be cured in prison. Hence, Eka Khutsishvili requested that the court freed the convict from his sentence until he was completely cured.

Irakli Bakhtadze, the medical expert said that it was impossible to cure the convict at all. However, he said it was possible only to prolong his life for some time.

However, Giorgi Dzigrashvili, the lawyer and the representative of Penitentiary Department within the Ministry of Justice of Georgia is against the release of Mikheil Shatakishvili. He said that Mikheil Shatakishvili is not ill enough to be unable to serve out his sentence. Sadly, Giorgi Shatakishvili can not see that the convict Shatakishvili was brought to the edge- of-death.

Rezo Nodia, the judge of the Board on Criminal Cases of the Tbilisi City Court upheld the motion of Eka Khutsishvili, the lawyer of the Human Rights Center. The court filed a verdict of releasing prisoner for life. In his verdict the judge indicated: “The motion of attorney Eka Khutsishvili on freeing convict Mikheil Shatakishvili from serving his sentence due to his poor health shall be satisfied.”

Eka Khutsishvili said that “the judge could have released the prisoner only until he was cured. However, according to the verdict Mikheil Shatakishvili has been released for life. This means that Shatakishvili won’t return to prison even if he is completely cured. No one will have right to bring him back to prison.”

The Human Rights Center Shida Karti Office found out that Shatakishvili has been suffering from multiple diseases since he was placed in prison. Hence, HRIDC considers that a prosecutor’s office must start investigation on the fact how a terminally ill person was pushed to the very edge-of-death.

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