Five Years in Prison for Having Chopped Three Dry Trees

Gurjaani District Court is judging Otar Berelashvili, father of four children; he chopped three dry trees alongside the road in the village of Kachreti. Kakheti regional prosecutor’s office blamed Berelashvili for illegal chopping and stealing of trees; the crime envisages liability for 5 years.

According to the bill of particulars of the prosecutor’s office Otar Berelashvili, a resident of Kachreti, illegally chopped three trees in the green zone and got hold of it in secret. In fact, the witness and the accused himself claimed in their testimonies that Otar Berelashvili chopped dry trees based on the directions of Shalva Keburia, director of Kachreti Wine Factory; Keburia requested Berelasvhili to chop trees on the place where he was building a road from the central highway to his factory.

“At 10:00 am on July 10, 2008, I was on the territory of Kachreti wine factory together with Otar Kitoshvili, a resident of my village. We were waiting for combine-tractor to reap cornfield. Workers were working several meters away; they were hired by Shalva Keburia, owner of the wine factory. Keburia approached the workers 20 minutes later and gave some directions to them. Then he came up to us and said he was intending to pave a road from the central highway to his factory. He claimed several times that the territory where he was building the road was his property and three dry trees hampered him. So he offered me to chop the trees if I needed fire-wood. I asked Keburia if he had right for allowing me to chop the trees and he replied that not only the territory belonged to him but he also had right on chopping the trees. He had agreed the issue with Gurjaani district governor and Kakheti regional governor as well. I did not doubt in his words.”

“Short time later I borrowed an electric saw from my neighbor and went to chop the trees. My son Giga Berelashvili met me on the way and he agreed to help me. We arrived at the wine factory at about 3:00 pm. Workers were still working; I asked them where Shalva Keburia was and they said he would come soon. Keburia appeared in an hour and I asked him once more which trees I had to chop. We chopped only those trees which he indicated. After that, Keburia managed to pave the road. However, two days later officials from Kakheti bureau of Environment Inspection visited me at home; they fined and arrested me,” said Otar Berelashvili.
 
Witness Otar Kitoshvili also confirms that accused Berelashvili was allowed to chop the trees by Shalva Keburia. “Owner of the wine factory approached us and told he was going to pave the road and three dry trees hampered him. He directly told Otar Berelashvili to chop them for fire-wood because he seemed a poor man to him. He added that Otar would not have any problems with anyone because it was legal and agreed with every institution,” stated the testimony of Otar Kitoshvili.

However, since the investigation started on the fact, Shalva Keburia stated that he really offered Berelashvili to chop the trees but it was said in joke. “I did not tell those two men that I had right to cut the trees. I told them they could chop the trees if they needed fire-wood but it was a joke,” said Shalva Keburia.

Kakheti bureau of Environment Inspection fined Otar Berelashvili for 360 GEL; as for rehabilitation of the chopped trees it required additional 1 440 GEL as it was estimated by the bureau. However, Keburia, Kitoshvili, Berelashvili and other witnesses claimed that the trees were completely dry. Giorgi Gabashvili, specialist of Kakheti bureau of the Environment Inspection, said it makes no difference the trees were dry or fresh. “The damage is calculated in accordance to the method approved by the Minister of Environment and Natural Resources on July 5, 2006,” stated Gaboshvili.

Lawyers assess that Keburia encouraged the crime however investigation did not envisage this fact. On December 19, 2008 Kakheti regional prosecutor’s office charged Otar Berelashvili under Article 177 Part II – “a” of the Criminal Code of Georgia (thievery that caused serious damage). On the same day prosecutor’s office appealed to Telavi district court and requested bail of 3 000 GEL as a preliminary liability.

“I had to hire a lawyer to protect my rights but it annoyed Kakheti regional prosecutor’s office. They threatened me with worse punishment unless I decline the help of the lawyer. I got afraid and obeyed their order,” said Otar Berelashvili who is currently bailed for 2 500 GEL; as a guarantee of his bail his unmovable property is sequestered.

During the preliminary investigation Otar Berelashvili paid bail of 360 GEL for the damage to environment however he cannot afford reimbursement of the expense for the rehabilitation of the trees.

Currently, Nestan Londaridze, lawyer for the Human Rights Center, is representing the accused to the court. She said the investigation lasted for 7 months and this entire time prosecutor’s office considered Kakheti bureau of the Environment Inspection as a victim-that was violation of the law. Furthermore, Lia Otarashvili, judge at Gurjaani district court suggested Khvicha Begiashvili, the prosecutor, to correct the mistake in her office before the trial started. The lawyer claims that Berelashvili had not committed crime because based on the words of Keburia he chopped the trees at daytime in the presence of a lot people; so he did not get hold of anything in secret. “Consequently, the crime cannot be qualified under the article suggested by the prosecutor. As for illegal chopping of trees, according to the Law on Amnesty of Georgia, enacted on November 21 2008, this crime is amnestied and criminal liability of Berelashvili should be dropped,” said Nestan Londaridze.

Khvicha Begiashvili, prosecutor at Kakheti regional prosecutor’s office, claimed that statement of the lawyer is not right. Berelashvili committed crime and he must be charged for it.
 

Gela Mtivlishvili, Kakheti