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I am the Law!

August 20, 2009

When  justice looks into the eyes of the President

Madlen Macharashvili

The suspects in the Mukhrovani Mutiny were subjected to pre trial detention by the Tbilisi City Court in May. The two-month pre trial detention term and the preliminary investigation are over. The Collegium on the Criminal Cases within the Tbilisi City Court will take up the case  on August 21. The fate of the 42 suspects charged with participation in the mutiny will depend on the decision of Judge Jemal Kopalyan.

The cases of the people accused in the mutiny are top secret. Therefore, before the trial is held many pieces of information are unavailable even to the attorneys of the accused.

Most of the accused are in the Gldani Prison and several are  in a prison hospital. All of them have received a bill of indictment. Tens of volumes and a 90- page-long bill of indictment have been written about the Mukhrovani mutiny case. However, the attorneys of the accused say that the case materials they have do not prove that their clients are guilty.

Charge

The story of a failed coup begins on May 5, 2009. The Ministry of Internal Affairs of Georgia [the “MIA”] publicized video footage on the alleged mutiny. According to this footage in the morning of May 5 the Mukhrovani battalion declared its disobedience. The soldiers had the tanks reved up and the battalion was on  high  alert. Gia Ghvaladze, the former head of a special task force of the Ministry of Defense (in the 1990s) and Koba Otanadze are in the video and they are talking about the organization of the mutiny.

According to the Ministry of Internal Affairs, the mutiny was agreed upon with the “Russian circles” (they received both instructions and money from Russians) and at a minimum aimed at disrupting the NATO military exercises and at a maximum ained at organizing a full-scale military ‘mutiny’ in the country.

Law enforcement officers  arrested most of the suspects on May 5. The persons suspected of having organized the mutiny however were arrested later in the late night of May 20. According to the MIA the special operation activity was organized to detain the alleged organizers of the mutiny on the Tianeti Highway close to Tbilisi. According to the MIA  Gia Krialashvili, one of the suspects, died in an exchange of gun fire during the special operation activity. A forensic autopsy was carried out on the body of Gia Krialashvili while Otanadze and Amiridze were taken with serious injuries to Gudushauri Hospital. They were charged on May 21 in the hospital.

Hostages

Before the suspects were arrested the law enforcdement officers detained family members of the suspects. On May 12,a week after the alleged Mukhrovani Mutiny, Nugzar Otanadze, the brother of the suspect Koba Otanadze, was sentenced to two months of pre trial detention  charged with  resisting the police.

On May 20, 2009 the special task force arrested Jimsher Otanadze; another brother of Koba Otanadze,and Gulo Daridze, Jimsher’s wife and their 19-year-old son Giorgi. All in all, the law enforcers detained 11 relatives of Koba Otanadze.

The police released Jimsher Otanadze and his family members without filing any charges against them.

Koba Otanadze’s attorney Onise Mebonia told us that the law enforcers did not follow any formal procedures of arrest and release with Jimsher Otanadze, his wife and their son:

“Usually when a person is detained a law enforcing body must fill in the detention record. It should be indicated in the record of what crime the person is suspected . If the charge is not proven, he is released and given a document issued by the court which gives the information about the reasons for his arrest and then release. If these documents are unavailable this means that the law enforcement officers arrested the person illegally and he was a hostage. Also, when a detention record and an official document on the release are not available the law enforcement officersmight manipulate the situation by, for example,. arresting the person again as a  suspect for having committed the same crime.”

No Bullets in the Body/ Police Bullets do not stay in the Body

The Ministry of Internal Affairs publicized the information that Gia Krialashvili, one of the suspected organizers of the Mutiny, died during the exchange of gun fire as mentioned above. His wife later told the print media outlets that the body of her husband did not have  bullet wounds  . She thinks that it is suspicious that his head was swollen a day after his body was brought home.

We contacted Gia Krialashvili’s relatives. The family of Lia Krialashvili, Gia’s sister, claims that Gia had no connection with the Mukhrovani Mutiny since he was at Lia’s place during the alleged mutiny.

Gia Krialashvili’s nephew: “Gia was at our place on the night of the failed Mukhrovani mutiny. I was awake till 7 or8 o’clock in the morning and I know for sure that he was at home. I had pneumonia and could not sleep. We were drinking tea and talking the whole night. It was about 9 a.m. when I fell asleep. Gia was gone by 10 a.m. My mother was trying to reach him on a mobile phone but in vain. At noon we heard about Mukhrovani Mutiny on TV.

He rarely visited Georgia in recent years. He was divorced and lived in the Ukraine. He used to come to Georgia once in three months to renew his visa. He needed a visa since he was not an Ukrainian citizen.  His last departure from Georgia was on April 27, 2009 and he returned after three days. We were surprised to see him back since he had said that he would not come back for a long time. I do not know who made him come back or why. He was fasting in April. He went to church every day and nowhere else. In the evening he played backgammon with my father.

When his body was brought home, my mother said that we had to hire a lawyer. Some strangers called us several times and warned it would be better for us if we did not make  noise about this case. So we stopped. Gia has two sons and we did not want to create any problems for them. We do not know what to do.

We were told that a forensic autopsy was carried out on his body but nobody has given us the autopsy results even though we have asked several times. We wanted to have another autopsy carried out by an  independent expert bureau but we could not get  official permission for that. Then we invited an individual pathologist but he refused to carry out an autopsy. He said it was pointless since the unofficial autopsy did not have any legal power. One week ago my mother applied for a document about my uncle but she could not get it. She was told that in the computer system Gia was registered as being the object of a  search. I wonder how a dead person can be the object of a search.”

Koba Otanadze said in his first testimony that Gia Krialashvili was not with him and Amiridze during the special operation activity.

Before that in a hospital he said the same to his attorney Onise Mebonia. He also said that they did not have any weapon; consequently, they could not have rendered armed resistance to the representatives of the Special Operations Department.  They (Amiridze and he) were put in a minibus and then shot.

Later he refused to confirm his first testimony.

Onise Mebonia:  “I do not know which testimony the investigation has from Otanadze at this moment. I repeated what he had told me in the hospital. Then he used the privilege not to testify. I do not know why he changed his testimony.”

It is interesting whether the court will take into account the suspicious circumstances of the case . As far as we know, the investigation has not. Here is one of the most interesting suspicious circumstance:

The Ministry of Internal Affairs has not released the details of the special operation activity when one Krialashvili died and Otanadze and Amiridze were injured. It is only known that the suspects were arrested late at night close to Tbilisi. The police alleged that the suspects  resisted arrest with arms . However, no information was released  concerning whether  a police officer was injured and  no evidence of shooting is available.

The President of Georgia Ordered thearrest of Kobaladze

General Koba Kobaladze is charged with preparing the Mukhrovani Mutiny. He was arrested on May 5 when he was giving an interview to a journalist.

Keti Bekauri, Koba Kobaladze’s attorney: “I can definitely say that there is no evidence among preliminary investigation materials which would prove that Koba Kobaladze committed this premeditated crime. The “golden evidence” of the investigation is the testimony that Gia Ghvaladze, former military man,  gave to the preliminary investigation and the TV play (video footage) that he staged for the whole society.”

Koba Kobaladze’s attorneys demanded the preparation of an expert report on the mental health of Gia Ghavaladze. They suspect  that he has mental health problems and their suspicion is strengthened by the fact that he has changed hi testimony several times already.

Keti Bekauri: “Our motion to order an expert mental health examination and report was not granted during the preliminary investigation. However, we still gained information about the health  of Gia Ghvaladze. This information proved our suspicion. He received skull trauma and other multiple injuries during a car accident in 1998-2000. Skull trepanation was performed on  him. It was a very difficult surgical operation.  His brain was not functioning for 45 days - he was in a coma. His condition could be called clinical death. He still has a metal plate in his head and in an arm. The investigation can not rely on the testimony of this person. A report of his mental health should be made. Until then the testimony from this person can not be considered as  evidence.

We interviewed the people who operated on Ghvaladze and we presented the interview materials to the investigation. They were added to  the investigation findings. Again we will ask the court  to order an expert report on the mental health of Gia Ghvaladze”.


Gia Ghvaladze writes in his testimony that he and Koba Kobaladze were in restaurant Aragvi in Mtskheta on March 25-27 and they spoke about the military mutiny and state overthrow there.

Gela Nikolaishvili, a lawyer: “We have found out where Koba Kobaladze was on March 25-27 from the mobile phone company record. The record shows from which part of Georgia Koba Kobaladze was speaking. The record spotted conversations in Kutaisi, Kopitnari, Samtredia (places in the west Georgia) but never in Mtskheta, Restaurant Aragvi or any other place indicated by Ghvaladze.  Consequently, we can conclude that Ghvaladze’s testimony is false.”

Koba Kobaladze’s attorneys claim that only this mobile phone was registered in Koba Kobaladze’s name and he was using only this one in those days (March 25-27).

Keti Bekauri claims that Gia Ghvaladze has better living conditions in Tbilisi Prison # 8 than do  other prisoners. The Constitutional Security Department and counter-intelligence department representatives rented the flat for Ghvaladze’s family. Their car serves his family and children. The attorney claims that everything shows that Koba Kobaladze was arrested because the president of Georgian wanted so.

“It was absolutely astonishing when the President of Georgia – the commander-in-chief of the Georgian Army asked in his speech why General Kobaladze was free. That means that he sent a message to the law enforcement officers that it is unacceptable that he was free.

Apparently, the court took into account the president’s message and granted two months  pre trial detention  to Koba Kobaladze. We appealed the decision to the Chamber of Criminal Cases of Court of Appeals but the court did not grant the appeal. We filed a motion at the end of the investigation to terminate the case due to lack of evidence but the motion was denied.”

Tengiz Kobaladze, Koba Kobaladze’s father: “My son did not even know Ghvaladze. He was actually in a funeral in the west Georgia when according to Ghvaladze he was in restaurant Aragvi. After the funeral we went together to another place. It was the President who decided on his arrest. Why should  he not be free? Is he a robber or what? He has 4 kids. He did not know Ghvaladze and did not have any contact recent with Otanadze . They had a conflict in 2001 and have not seen each other since then. Later Koba continued his studies in a military academy in China. He received the Gorgasali award. He has letters of gratitude from the President. He prepared the first inauguration ceremony for the President Saakashvili and even went with him to Adjara to see Aslan Abashidze (former head of Adjara Autonomous Republic).

He quit  the position of the commander of National Guards. If he had been dismissed from this position by the President I would have asserted that he (Saakashvili) was angry at him.

He had no contact with the Georgian army for the last 5 or6 years. It is absurd to accuse him of organizing the mutiny.

He has been detained for three months now because of the testimony of a crazy man. The investigation does not have any other pieceof evidence. It can be proven that Koba was neither in that restaurant nor met Ghvaladze that day. He was out of town. They them to lock him and that is why they arrested him.”

The investigation has  video footage of the MIA and witness statements. Major Ghvaladze accuses General Kobaladze of organizing the mutiny based on the meeting in restaurant Aragvi in Mtskheta on March 25 to27.

Major Gia Ghvaladze (from the operative video footage of the MIA): “General Koba Kobaladze  is sitting to my right, two people whom I have never seen before are in front of us and Otanadze is to my left. I am sitting in between Kobaladze and Otanadze. Kobaladze called me Zampalit – it is a nickname I had in Omega, a special task force unit. “Do you know what my presence here means?” –he asked. I asked “what does your presence mean?”

This government is finished, they will go soon. Misha is the president today but soon he will resign. No one knows who replaces him and what happens. We should replace him but that mutiny; imagine 500 men enter the city in armored vehicles. We have to destroy them. Some might be sentenced to death penalty or tried, I do not know. Is it clear, he (Kobaladze) asked. I told him I wanted to clarify some technical aspects. I said, ok I understand that we enter the city with the army; I got the part about the mutiny or something like that but what’s next? You can apply to Otanadze with technical questions, he said.

I realize that I should have talked more. Otanadze said only 7 or8 sentences during the conversation. It was obvious that Kobaladze was deciding everything there” (the style has not been changed).

AllSentenced under Article 316 of the Criminal Code of Georgia

Most of the mutiny suspects were charged under Articles 315 and 316 of the Criminal Code of Georgia.

Article 315. High treason committed in the form of  the crime of conspiracy or revolt aimed at violent change of the constitutional order of Georgia.

I. The crime of conspiracy aimed at violent change of the constitutional order of Georgia is punished by a prison term of 5 to 8 years.
II. The crime of revolt aimed at violent change of the constitutional order of Georgia is punished by a prison term of 7 to 15 years.

Article 316. Illegal ussurpation of military leadership or disobedience to legal governance

I. Illegal ussurpation of military leadership is punished by a prison term of 5 to 8 years.

II.  Displacement, accumulation or change of place or dislocation of military force or military equipment illegally by a military leader or other form of disobedience to the legal governance is punished by a prison term of 7 to 12 years.

Paata Khokhashvili and 8 other persons were charged under Part II of Article 316. 

Attorney Tsira Javakhishvili: “Giorgi Goginashvili was the judge at the trials of all 9 suspects. All of them were sentenced under Part II of the Article 316 of the Criminal Code of Georgia. However,  this article deals with a crime committed only by one leader who grabs power illegally or displaces the military equipment illegally. Military equipment can be displaced by a group of soldiers under the order of a leader. Therefore, equipment displacement is a group crime. In this case 9 persons were charged under this article. However, Article 316 does not deal with group crime. Therefore, I consider that charge was filed against my client Khokhashvili illegally.

On June 2 I applied to the Tbilisi City Court to free my client on  bail. The case materials make 21 books. I submitted the application at 11 a.m. I was called from the court at half past 5 the same day. They informed me that the court did not grant my application. Apparently the judge was very quick to read 21 books in such a short period of time. Judge Goginashvili who ruled on my application wrote that he read the case materials. I think it is obvious that the judge lied because it is impossible to read, even to look through 21 books in 6 hours. It is obvious that the judge rejected the application without studying the case. I appealed the decision to the Investigation Collegium of Court of Appeals. The Investigation Collegium left the decision of the court of first instance. We are preparing the case for Strasbourg European Court of Human Rights.”

Inga Khokhashvili, the wife of Paata Khokhashvili: “The soldiers from Mukhrovani battalion told me that they heard about the mutiny in Mukhrovani from Kurieri at noon (TV Company Rustavi 2 news program) but they refuse to testify orally or in a written form. They say they were threatened and intimidated and therefore, are afraid to say the truth.

Merab Tskrialashvili, the attorney appointed by the state, defended my husband. The trial was on Friday. When it was over, I asked him (Merab Tskrialashvili) what we could do next. He said: you should find a private attorney. The state does not pay me to visit your husband in prisons. Nothing will happen in the weekend. You should start to look for an attorney on Monday. He will follow the case.

I found out later that there is some time limit for appealing the verdict. We should have appealed the verdict in 48 hours if we did not agree. How the lawyer (Merab Tskrialashvili) could not know this law? If he was busy  he could have told us so we knew and could take action .”

We contacted attorney Merab Tskrialashvili. He justified himself with the words: “I told my client that the trial verdict could be appealed if something new was discovered.

I was not obliged to warn the family. We did not speak about this issue with his wife. We had a short conversation about Khokhashvili’s health. I did not tell her to take another attorney. It is a lie.”

“Kill Everyone!”

 Our investigative group gained interesting information from the soldiers of Mukhrovani Battalion. Unfortunately, we can not reveal their names for security reasons.

The soldiers claim that when the incident was over the boxes (the areas where the military equipment is placed. The equipment can not be displaced without the order of the head of the headquarters) were opened and they saw that military equipment was very clean there. This was on the morning of May 5 when it was raining. The TV shots from the military base prove this.

“Tanks are usually polished with a special liquid. How could tanks that were taken out of the boxes and then brought back have been so clean? Nobody paid attention to this. If the tanks had been brought out they would have had  traces of mud, right (because it was raining that day)?

There was one BMP –armored vehicle- standing outside the box but it was broken and oil was leaking from it. It was taken out several days before May 5.”

Our source says that the special task force was informed at 4 a.m. that there was a mutiny in Mukhrovani. Special task force representatives were ordered to prepare tobesiege the military base but according to official information the Mukhrovani battalion declared “disobedience” at 8:15 in the morning. The special task force was ordered  to shoot  and kill all the soldiers if they did not obey.

No Comment

Mikheil Saakasvhili, the President of Georgia, May 5, 2009: “Otanadze should not have been free; Krialashvili should not have been free. Liberalism took dangerous forms. You can endure some things but I am not going to endure this!”

Lia Toklikishvili
Leader of the Journalistic Investigation
The investigation is prepared within the project “Monitoring of Fair Trial”
The Project Is Implemented by the Human Rights Center and magazine “Sitkva” with the support of the Eurasian Partnership Foundation

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