Unprecedented Georgian Justice in Rapid Fashion

Speedy Trial of of Zurab Noghaideli, former Prime Minister’s Relative

Maka Malakmadze, Batumi

Paata Kaikatsishvili, from Kobuleti town and who happens to be the relative of Zurab Noghaideli was arrested on November 27. According to the bill of indictment, “the police discovered 0,255 grams of heroine in the right sock of Paata Kaikatsishvili. Heroine was wrapped in tin foil.” On December 3 a court found him guilty as charged. He was sentenced to 7 years of prison term and fined 5,000 GEL. According to the convict’s attorney the court was biased in passing judgement.

Kaikatsishvili was tried by the court 6 days after having been arrested. The suspect was charged, an investigation completed and appeared before the court for trial in a mere 5 days. Iuza Butskhrikidze, the judge of Kobuleti District Court was fast enough to adjudicate the criminal case on the second day of its submission to the court, which was on December 3.

Paata Kaikatsishvili is the cousin of Zurab Nogaideli’s wife. Zurab Noghaideli is the former Prime Minister of Georgia. Kaikatsishvili’s associates say that his arrest was politically motivated: “They (the government) know that Zurab Noghaideli could rely on Paata in Kobuleti in political matters. They could find no real reasons and planted drugs to him in order to arrest Paata. I can say even more, we were told in the police department that they would have planted even more drugs but simply they did not have more in the department.”

4 Police Officers as Witnesses

Only prosecutor’s 4 witnesses were interrogated. All four are the police officers that arrested Paata Kaikatsishvili. They are: Otar Kereselidze, Zurab Antadze, Davit Biadze and Mamuka Zoidze. Their testimonies were almost identical. However, they contradicted each other about the same time. According to one police officer Kaikatsishvili came out of the car himself, the other said that they (police officers) took him out. One police officer said that the drug package fall out of suspect’s sock while the other said that they discovered the drug in the sock.

The trial was attended by Ramaz Gvarjaladze, head of the Adjara Main Division of Georgian MIA. Ramaz Gvarjaladze spoke with the witnesses in the court hall before the hearing started and gave them some instructions.

Media Restricted from Attending the Trial

The half of the court room was filled with people who according to the suspect’s associates were police officers but it is difficult to prove because these people did not wear police uniforms. Only half of Kaikatsishvili’s associates could attend the hearing because the other half of the room was occupied by the alleged police officers. Kaikatsishvili’s associates demanded that these alleged police officers depart the court room but their demand was not fulfilled.

The media was restricted by police officers and bailiffs to attend the trial.

Jaba Ananidze, newspaper Kviris Palitra, journalist: “Neither the bailiff nor police officers explained to me why I could not attend the trial. As far as I know. all citizens and journalists have the right to attend court hearings. After having shown the journalist’s ID the bailiff told me to come next day.” 

Tinatin Chkuaseli, the journalist of TV 25 which is the independent TV company operating in Batumi (a city at the Black Sea coast) initially was also restricted from attending the trial but after having called Jemal Kiknadze, the chairperson of the Batumi City Court she was then allowed to enter the court room.

Jemal Kiknadze said that it was a mere “misunderstanding” that journalists had problems with attending the trial. He also said that two journalists (journalists from TV 25 and the Human Rights Center) attended the trial and it was quite enough for publicizing the trial developments.

The Details from the Case

The accused Paata Kaikatsishvili states that the police had planted drugs to him. This is what he said on the court hearing: “They put me in the car. One police officer tried to cover my eyes and the other held my leg. The latter was shouting: “Cover, cover it… Then they took me out of the car and proceeded to search me. First they searched my left leg then the right one where they had planted drugs. They tried to show it as if I had been hiding drugs in my right sock and they discovered it at the moment of searching. No witnesses were present during the search. The police did not allow them, and those who were near at the time were chased off; the police shouting at people: to get lost, get out of here.”

The witness police officers explained that “Kaikatsishvili himself did not wish that the witnesses be present during his search”.

Paata Kaikatsishvili was detained at about 11 a.m. near Kobuleti Bazaar. The Human Rights Center interviewed several bazaar merchants in this regard. Their words contradict the statements of the witnesses. “I myself witnessed the facts of him being detained.  The police ousted us- witnesses from the scene and did not allow us say anything”, said one merchant. “The police came into our homes and warned us to keep our mouths shut. I follow that order because I can not put myself into dangerous situation,” said the other.

Iuza Butskhrikidze, Kobuleti District Judge did not satisfy Kaikatsishvili’s motions except for one which was on making copies of case materials and to be familiar with them. However, the Judge provided only 30 minutes to Davit Saparidze, the convict’s attorney, to make copies.

The attorney asked the judge to give him reasonable time in order to consider the form of punishment and the annexed materials were declared as illegal. After having received the rejection on those motions, he demanded that the judge’s recusation. However, his effort in this direction proved unsuccessful.

According to the court verdict on pretrial detention, the suspect would remain in prison until he paid a bail. Kaikatsishvili’s aunt offered her house. An audit evaluated the house in 250, 000 GEL and Kaikatsishvili’s side presented the documents on paying the bail. Soon the court hearing was appointed and Svimon Gigolashvili, the prosecutor stated that even the Kaikatshishvili’s associates paid the bail; the prosecutor’s office did not believe the audit evaluation was actually correct. This is when prosecutor’s office did not check the audit conclusion. The judge filed a verdict of leaving Paata Kaikatsishvili in prison on November 30 even though the bail was paid and Kaikatsishvili should have been released.

Davit Saparidze, Paata Kaikatsishvili’s attorney: “The fact that the court hearing was appointed so fast violates rights of a prisoner and his attorney. Therefore, I filed a motion of recusation of the judge. He did not put sides into equal conditions. It is unprecedented that the investigation was over in just 2 days and court proceedings in one day. I was not allowed to present my witnesses and evidence. Both the investigation and the court proceedings were conducted in a biased way.”

Kaikatsishvili’s associates protested in front of Kobuleti District Court with slogans: “Mothers, Let’s protect our Children” “Give Freedom to Innocent Offspring”.

Lado Mgaloblishvili, the Public Defender’s representative in Adjara considers that Kaikatsishvili’s case adjudicated by Iuza Butskhrikidze, the judge as being completed in a biased way. “What happened at the trial demonstrated that all procedural norms were violated,” he said.

Lado Mgaloblishvili also alleges that Paata Kaikatsishvili was beaten: “I saw arrested Kaikatsishvili in hospital. He told me that he was beaten during the detention, his stomach was hurt and he was in the hospital as a result However, I did not see any external injuries.”