Maka Malakmadze, Batumi
Ethnic Kurd Slava Bukavadze, his brother Ruslan Bukavadze and their friend Nika Khrushov were judged for robbery. The brothers were sent to prison for 7 years and bailed for 7 000 GEL.
Bukavadzes are ethnic Kurds. The attorney stated that the brothers know poor Georgian and Russian. At the trial the proceeding was conducted with the support of Russian interpreter that complicated understanding of some details.
Jambul Malakmadze, the victim, does not make comments to media sources. According to his appeal, three people attacked him who tried to rob and kill him. “They demanded my mobile phone. I refused and then all of them drew knives and threatened me with death,” states the interrogation protocol of the victim. According to the testimony, the police arrested the brothers Bukavadze and their friend Nika Khrushov.
Seventeen-year-old Natia Jashi is wife of Slava Bukavadze; her husband is in prison now. The investigation was launched based on the appeal of Natia Jashi’s former husband. The young girl said that before Jambul Malakmadze married her under force, she was in love with Bukavadze. Afterwards she abandoned Malakmadze and married Bukavadze; the former husband often called the latter and threatened him: “I will arrange an arrest for you,” he used to threaten my husband. Thus, we had to move to Kutaisi to avoid problems. However, phone calls did not stop.”
Irina Salkova, wife of prisoner Ruslan Bukavadze, states that the boys really met each other but Slava was not there. “When we got extremely bothered, boys decided to meet him. I accompanied them. Nobody robbed or threatened him. They spoke calmly but during the conversation Malakmadze ran away. On the same day he appealed to the court.”
As the Bukavadzes claim Natia Jashi and Slava Bukavadze were in Rustavi in the family of Natia’s mother. The defense side has eight witnesses who can prove that during the incident Slava Bukavadze was not in Batumi and he had not met Jambul Malakmadze. However, the first instance court did not satisfy the mediation of the defense side to invite the witnesses. “Prosecutor was not interested to investigate all proofs and evidence in the case materials. Neither court was much concerned about details. My client Slava Bukavadze was declared wanted during the preliminary investigation. In compliance with the law the court should have satisfied our mediation on interrogating the witnesses who could prove that Slava Bukavadze was not in Batumi on April 11 2008. However, Judge Roin Kakhidze did not satisfy our mediation.”
Kutaisi Appeal Court satisfied the mediation of the defense side but Judge Marina Siradze did not change the verdict of the first instance court.
Kristine Kacharava, attorney of Ruslan Bukavadze demands to investigate the past activities of Jambul Malakmadze because he had already been judged for false testimony. On November 27 2007 Judge Roin Kakhidze at Batumi City Court found him guilty for making two contradictory testimonies. Jambul Malakmdze was victim in previous case too; according to his allegations three people had attacked him and threatened with death unless he gave them mobile phone. Attorney of Ruslan Bukavadze states that in both cases the details of Malakmadze’s testimonies coincide with each other.
The Human Rights Center discovered one more verdict issued by Batumi City Court on March 28 2006 where Malakmadze is found guilty for hooliganism.
The family of Bukavadzes is socially excluded; besides that, they have under-age child in the family.
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