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Unified Accusation against Political Rival

May 4, 2009

Tea Topuria

Member of the Zugdidi Sakrebulo and representative of the Conservative Party Joni Jikia was arrested on October , 2007. He was charged for the illegal purchase, storage and usage of narcotics and weapon. Jikia still claims that he is political prisoner and narcotics were planted on him. In Georgia police officers often use this method while detention and it is very difficult to estimate whether the drugs were really planted on the detainee or not.

Joni Jikia – 35 years old, resident of the village of Chakvinji, Zugdidi district, member of the political party that was founded by Irakli Okruashvili, former Defense Minister of Georgia.

How Three Men Mixed up October with September?

Everything started from the report of Giorgi Kilasonia, head of the Criminal Police Department to Koba Narsia, head of Zugdidi Police Department. According to the report resident of the village of Chakvinji was drug-addict, he was in Zugdidi and had narcotics with him. The report also stated that Jikia was keeping narcotics at home.

The report was handed to Merab Shengelia, head of Criminal Police Department and Davit Khazalia, chief investigator.

One interesting point is that the paper where the date on the report was written in three places. In two of them the date was September 2 and then September was later changed into October in blue ink. As for the registration date of the report it is still September 2. The defense side claims that the report was drawn up on September 2 one month before Jikia was arrested. Since the policemen understood that falsification of the document was obvious, the problem was easily resolved and the date was changed into October.

It must be noted that all three dates are written by three different people. So, at least one of them should have known it was October or September on that day. Furthermore, the report that was registered in September could not be done in October.

Despite similar circumstances the prosecutor claims that the report was drawn up on October 2 and Joni Jikia was arrested on that day.

What Really Happened on October 2?

On October 2 investigator Merab Shengelia studied the case early in the morning and sent people to arrest Jikia. The policemen detained and searched Jikia at 11:00 am in Kostava Street, Zugdidi. According to case materials during the search Jikia refused to invite witnesses. After that, policemen discovered narcotic substances in his pockets; Jikia was arrested and taken for drug-test.

According to the conclusion Zugdidi district Department for the Criminal Expertise, Jikia was not under influence of narcotics during the detention. Though drug-test discovered the narcotic in his body. Jikia does not agree with the conclusion and claims he has never been drug-addict.

Although Jikia was arrested in the street, there is no witness mentioned in his case materials except policemen.
 
Witness 1-Emzar Maisuradze, representative of Zugdudu district police department.

“I took part in the search of Joni Jikia in Kostava Street; during the search he was explained his rights and responsibilities. After that he was offered to hand in narcotic substance to the police but he refused saying he had no drugs on. As a result of the search we removed brownish substance with specific smell wrapped in the paper from his pocket on the trousers…”

Witness 2- Irakli Sichinava, Zugdidi district police department. His testimony is equal to the testimony of the first witness.

Joni Jikia said in his statement that policemen attacked him suddenly; pushed him down to the ground and planted narcotics in his pocket.

Joni Jikia arrived in Zugdidi by taxi. Vakhtang Jikia, the driver, left Joni Jikia in Kostava Street and later he saw his passenger was lying on the ground and 4-5 people were sitting over him. Those people were not in uniforms. The driver said that several days before policemen were often seen in that territory (Vakhtang Jikia often stood in the parking place of taxi). In addition to that, Joni Jikia pointed out that as they left the village they were followed by two cars from which the above-mentioned people got out and detained them. Based on the facts the defense side claims that Jikia was watched before October 2 as well.

Another witness Nanuli Logua saw at the cross-road of Kostava Street that some argument started 10 meters away from her. “I saw a young man was pushed down to the ground by some people dressed in civil clothes; they twisted his hands and put irons on him. I could not see the face of the young man but people who gathered nearby said he was Joni Jikia.

The people who were over him were putting hands in the pocket of his trousers and Joni Jikia was screaming “don’t destroy my life,” then he was assisted to get up and a car approached him. The people standing nearby said “How did they do that? They have planted something on him.”

Bombs Stored in the Fireplace

On the same day police searched the house of Jikia in the village of Chakvinji and discovered the weapon under the floor. The procedure of withdrawing the weapon is very strange as well. The law enforcers searched only one room and found the weapon exactly in it.

Witness 1- Jambul Karchava, inspector-investigator of Narazeni police station within the Zugdidi district department. “Shell was discovered under then floor in the bedroom on the ground floor. We also discovered 18 bullet cartridges and a capsule-detonator in a small window covered by white paper in the same room. The above-mentioned shell also had a capsule-detonator.”

Witness 2 - Romeo Bekveria, the district inspector of Zugdidi police department. His testimony is equal to the previous one.

Witness 3 (former police officer) - Temur Tibua, the neighbor of Joni Jikia: “Joni Kikia’s wife asked me to attend the search…When the policemen entered the bedroom they found 18 bullets in the window and a shell under the floor. Joni, I, Jilini and Joni’s brother-in-law had floored the room on September 30. Two or three boards were missing in the floor. The policemen took the shell from the dusty room though it was clean. I had checked the policeman before he entered the room. I want to point out that the windows of the house were open and, as there was repair-works in the house, the owners used to come to their house only once a week: so I do not know the owner of this bomb.

Witness 4- Ianur Eremadze, the neighbor of Joni Jikia; his testimony is the same.

According to Joni Jikia himself, the discovered weapon belongs neither to his family members nor to him. He even does not know how the weapons could get in his house. “I think I am detained on political grounds, because I have not committed any crime”, he noted.

As a result of the discovered weapons and drugs in Jikia’s house, Jikia was accused of the purchase and storage the narcotics and weapons (Article 260, Part Ii-“a” and Article 236 Part I of the Criminal Code).

The Court Did Not Call Witnesses To the Trial

Joni Jikia’s lawyer Guram Kupunia, solicited to the court to interrogate those people who could provide serious information regarding the case; they are: Aliosha Shelia, Manuchar Jalagonia, Bachana Shelia and Geno Jikia.

They confirmed that there was nobody in the house of Joni Jikia when the policemen came there. They noticed a policeman enter the house and stay there for some time. Afterwards they brought Joni Jikia’s wife and started to search the house.

Aliosha Shelia:”On October, 2 my neighbors Manuchar Jalagonia, Bachana Shelia and I were working near the house of Joni Jikia. At about 12 p.m. we saw a car stop near Jikia’s yard and 7 men in civil clothes got out of the car. They called Joni Jikia but only his 80-year-old aunt Vardo replied to them. One of the men entered the house and did not go out for 5 minutes. Afterwards they brought Sopiko Jikia, Joni’s wife and I heard that their house was searched.”

Manuchar Jalagonia and Bachana Shelia gave completely similar testimonies.

The defense side has represented the testimony of Geno Jikia. Geno Jikia was one of those who had floored the ground floor in Joni Jikia’s house and where the police discovered the shell. According to him, they could not complete their work because one board was not enough. On September 30, he put gravel into the floor and left only a place for the board of 4-centimeter-wide. “There was nothing in it and you could not put anything there in case you do not throw the gravel out”, says Gemo Jikia.

Purchase, Storage, Usage

On October 12, 2007, Amrido Gelantia, judge of Zugdidi district court, fined Joni Jikia with 500 GEL for drugs-usage.

On December 25, 2007 Amrido Gelantia passed sentence on Joni Jikia. Joni Jikia was found guilty and was sentenced to prison for 10 years and 6 months. Also he was fined with 1000 GEL.

After this, this case was discussed at the Kutaisi Appeal Court. In the appeal suit, attorney Temur Kardava demanded the Appeal Court to pay attention to those circumstances which were not considered by the judge at Zugdidi district court:

1. The report, on the basis of which Joni Jikia was arrested, is falsified. Supposedly, it was written a month earlier than it is indicated in the report.
2. Most documents in the case materials on Joni Jikia are dated with October 2. However, many of them could not be done on the same day.
3. There is protocol on personal search of Jikia in the case. It says that Jikia was given one reasonable hour to find somebody to invite as a witness to the search process. At the trial the policemen stated that during detention Jikia was fallen down and was put into irons because he wanted to run away. Accordingly, the recording in the search protocol was simple formality. Because it was impossible for a person with irons on and 4 or 5 policemen over him to look for witnesses in the town.
4. The room where the gun was found had the windows and the doors open because of the repair-works. Anybody could enter the room and put the gun there. The policemen did not search the whole house, but only one room which indicates that they knew in advance where to find the gun.
5. The judge did not satisfy the application of the witnesses: Aliosha Shelia, Manuchar Jalaghonia, Geno Jikia, Nanuli Logia and Vakhtang Jikia about questioning.
6. After the checking, it was confirmed that Jikia was not under drug influence, but after the drug-test it was confirmed that he was drug-addict. Since Zugdidi district department for Criminal Expertise within the Interior Ministry is subordinated department and is located in the building of Zugdidi regional department of Interior Ministry, the defenders thought that his conclusion would be impartial and demanded to make another examination which was not satisfied.

On March 31, 2008 Kutaisi Appeal Court discussed case on Joni Jikia. The court took into consideration the fact that the house of Jikia was almost open for any incomer and anybody could put the gun in the house; based on these circumstances the suspect was discharged from illegal purchase and storage of weapon. But the court did not discharge him from illegal purchase and storage of drugs, because it thought the witnesses could not prove the drug did not belong to him. Finally, Joni Jikia was sentenced to 7 years.

On October 24, 2008 Supreme Court cancelled the decision of Appeal Court and sent the case to discussion again. Appeal Court discussed this case again he did not change the decision. On December 2 the charge for illegal purchase and storage of drugs and 7-year-imprisonment was still in force.

What Violations did the court make?
 
Nino Andriashvili, lawyer of the Human Rights Center says that the statement, made on the basis of the falsified document (protocol), could not be basis for detention (according to the article 111 of the Criminal Procedural Code).

Nino Andriashvili: The court did not satisfy the application of defenders. The court did not protect the right of equality and competition. According to the mentioned principles, the sides have equal rights to provide their evidence to the court and to participate in their investigations, submit solicitations. The court gives the profitable conditions to the defense side and enables them to submit their evidences for fully investigation, which did not happen in this case”.

The lawyer also indicates to the problem, which is connected with drug-planting in Georgia. Law-defenders have right to invite any person as a witness during the detention. Other witness is less important participants of the investigation.  It is easy for law-defenders to plant drugs on “undesirable” person, when they want to arrest him but do not have reason.Furthermore, if the court did not try to find the truth like it happened in the case of Joni Jikia.

Lia Toklikishvili, leader of the journalistic investigation.
This project is implemented by the Human Rights Center and the magazine Sitkva (Word) with the support of the Eurasian Partnership Foundation

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