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Woman Arrested for Crime Committed 11-Years Ago

December 4, 2008

Shorena Kakabadze, Kutaisi

Irma Sharia was arrested for the crime that was committed 11 years ago. She now sits in prison. The attorney of Sharia states that his client has been deprived from the right to appeal to the sentence because she was a fugitive and detained so late.

“I am an IDP from Abkhazia. I live in so-called “GrenMill” in Zugdidi, a place where IDPs are compactly warehoused. I have three dependent young children; the youngest is only 6-month-old. At the moment I do not know where they are. I was judged for the crime that was committed in 1997 though I was not informed about court proceeding at all. It turned out that they have been searching for me since 1998. Please assist me,” it is short extract from the petition of Irma Sharia which was sent to the chairperson of Public Monitoring Commission of Kutaisi Penitentiary Establishment # 2.

Irma Sharia has been serving her sentence in penitentiary setting since September 2008. Case materials show that she is charged for the crime that was committed in 1997. More precisely, the woman was blamed for stealing a cow. Law enforcers arrested Sharia 11 years later based on the verdict of Terjola District Court.

“This woman is judged under Article 150 Paragraph II of the Georgian Criminal Code. She was blamed of having stolen a cow.  Sharia actually committed this crime but the most important element in looking at the case is the history of this crime. More precisely, how she was finally placed in prison. In 1997, when first court hearing was organized, Sharia’s companion in the thievery was condemned but nobody remembered Irma Sharia since then. This woman lived without any restrictions and before September 2008, when she was finally arrested, she had even crossed the Georgian border several times. However, it technically turned out that she was a fugitive all this time under such circumstances and that never faced any obstacles. It is fact, this situation is actually absurd. It is classical example of violated human rights,” said Manana Managadze, chairperson of the Public Monitoring Commission of Kutaisi Prison # 2.

Case materials prove that law enforcers recalled about the 11-year-old crime and the trial was conducted on May 12, 2007 in Terjola District Court. However, nobody considered it was necessary that the accused have to attend the proceeding. District police inspector handed the court verdict to Sharia quite unexpectedly in September of 2008.

“The court decision, that was basis for Sharia’s detention, is clearly a concocted verdict in order not to miss the stature of limitations, which is 10 years for such cases. The crime occurred in October of 1997 and the court hearing was conducted in May 2007. It is astonishing and absolutely absurd. Since the trial nobody ever informed her that she was judged and sent to prison. The police at her house took the 6-month-child from her and took her directly to prison. Here her rights were breached. At least, she should have had right to appeal against the verdict,” said Manana Managadze.

The chairperson of the public monitoring commission explained: “Police had offered Irma Sharia cooperation. She told me in private conversation that law enforcers had promised her to pass the verdict in her favor if she had cooperated with them. Sharia stated the same to the representatives of the Public Defender.”

Lawyers state that Irma Sharia could appeal against the verdict because she has missed the opportunity by now showing up for the court case.

“Criminal Procedural Code envisages the right on appealing against the verdict. Irma Sharia could enjoy this right within a month and appeal to the Kutaisi Appeal Court. Afterwards she could sign plea-bargain or have her charge decreased. Moreover, she has under-age children; she is an IDP and socially excluded person. As for the statements of the law enforcers, she was a fugitive and being looked for all this time, it is absurd. How a person could be looked while she had giving birth to three children?” said Tengiz Aslanikashvili, lawyer for the Human Rights Center.

Irma Sharia does not know where her children are and this burdens her already situation further more. She doubts if the father of the children took them to Abkhazia. Managadze said that she together with the representatives of the Public Defender’s office unsuccessfully try to find out the actual location of the minor children.

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