Death of Criminal – Next Fact of “Zero Tolerance”

Obscure details of Ucha Godeladze’s death make his family members to suspect that policemen tortured and killed him. The information spread by the TV Company “Trialeti” reinforces their doubts. “In Batumi, the influencial criminal Ucha Godeladze was killed. 35-year-old Ucha Godeladze’s body will be brought to Kareli today. Reportedly, he was killed late last night in Batumi. The law enforcement bodies looked for him for two years. According to the police, Godeladze was an influential criminal and he was wanted. According to local people, Godeladze had lived some time abroad to hide from law enforcement bodies. Yesterday, police tried to arrest him when he was trying to cross the Turkish-Georgian border; he was coming from Turkey.”

Journalist for the TV-station Trialeti, who spread the information on September 22, has close relation with the MIA and executive structures of other governmental institutions. Thus, the version spread by the journalist is interesting and reliable.

The first part of the journalistic investigation of the Human Rights Center cause great public interest.

 http://humanrights.ge/index.php?a=article&id=4371&lang=en

The widow of the killed criminal Nino Godeladze said her husband was released from prison two month before the death and he was not wanted. Police had not informed the family about recent arrest of Ucha Godeladze.”We were informed about his death from the prosectorium of Tbilisi Aramiantsi Hospital. As we later found out he spent 3 days in another hospital. Our relative recognized his body in Aramiantsi hospital. I do not know where and how he was arrested. The body was very injured.”

Apparently, the body of the criminal was initially placed in Tbilisi Ghudushauri hospital where he was brought with many injuries. It is difficult to find out whether Godeladze was already dead when he was brought to the Gudushauri hospital. It is interesting, that despite many injuries on his body, the expertise does not mention the reason of the death. According to official information “the reason of the death is unknown.”

Before death public attorney was appointed for Ucha Godeladze. As a rule an independent attorney was to be offered to the detainee. “Do you have document which can confirm that Godeladze refused to hire independent attorney?” we asked the public attorney, who represented Godeladze at Batumi City Court when the latter was discussing the liability. “It is not necessary to make document on it. Lawyer did not appear within 5 hours after he was detained. As for witness, to tell the truth, witness is not necessary during the detention”, added Mamuka Zoidze.

It must be noted, that witnesses did not attend detention of Godeladze besides policemen. Working on this fact we found out that Mamuka Nozadze, who was Godeladze’s attorney, has been released from the prison lately and intends to appeal against his illegal detention at Strasburg Court. We asked Mamuka Nozadze to clarify the circumstances of Godeladze’s detention. He speaks about several procedural violations.

“I want to reply to the public attorney Mamuka Zoidze. More precisely, not me but the Criminal Code of Georgia replies to his statements. A detainee shall be offered to invite independent attorney and corresponding documents shall be drawn up on this procedure. A reasonable time shall be granted to the detainee – not more than 5 hours to invite the attorney who will take up his case. The investigator decides to appoint public attorney only if the detainee is socially disabled and has declared about it officially in the written form. In this concrete case, there is no document which can prove this procedure was implemented. I wonder how long have public attorneys or the investigation teams have been working based on verbal statements?!”

Attorney Mamuka Nozadze is sure that Godeladze was killed because of his mentality. “: Ucha Godeladze was killed because of his status that is terrible fact, because law enforcement bodies have such discriminative attitude to criminals only in Georgia. A person is called Vor v Zakone and he is persecuted for that. If the president or parliament members dislike cosmonauts tomorrow, will they start persecution of cosmonauts?!”

Ucha Godeladze had been persecuted for many years. In 2001 I represented him to Sachkhere district court. At that time he was accused for drug-addiction but court could not prove it and was released. I knew him very close. If he had been explained that it was necessary to sign the protocol, he would have signed it. Furthermore, he faced life-imprisonment.”

Of course, it is violation not to invite witnesses. After amendments were introduced to the Code, police has right to search the detainee without witnesses. However, the detainee shall be offered to invite witness. If the latter refuses to invite witness, it shall be recorded in the document. It is not my discovery; it is clarified in the Criminal Code.  It is very doubtful whether the trial on selecting the liability was carried out or not. If Ucha was really killed by policemen in Adjara, how his body later turned up in Tbilisi hospital and then in prosectorium of Tbilisi Aramiantsi Hospital? I wonder whether Ucha Gordeladze attended the trial or not.”

We asked Mamuka Zoidze whether he had information about the death of his client. “No I do not have information about it. More precisely, I am trying to clarify it. However, since his death I have not been the attorney,” said Zoidze.

Doctors Speak about Professional Ethic

We got in touch with Tbilisi hospitals after we had collected abovementioned information. We applied to the jail hospital in written form and asked whether they had taken prisoner Godeladze to Ghudushauri hospital or not? But we received no reply. Then we called director of jail hospital Goga Butashvili who got anxious: “Why are you calling me on the phone?! You must send letter to us. I do not know whether we had similar patient or not.”

However, we underline that we had sent question to the e-mail published on the website of the penitentiary department but we have not received a reply yet. We could not get any reply from the director either. Instead, he learned from us that the prisoner was already dead.

Dodo Gugava, spokesperson of the Ministry of Probation, Penitentiary and Legal Aid of Georgia, turned out to be more informed about the accident; she said the prisoner was taken from jail hospital to Ghudushauri hospital on time.

Apparently, the prison administration discharges itself from every responsibility and imposes responsibility on the Ghudushauri hospital. Thus, we got in touch with the hospital administration. We tried to get information about Ucha Godeladze at the receptionists, emergency department, reanimation, laboratory, departments for traumatology and intensive therapy; representative of one of the abovementioned departments asked us in reply: “Do you mean the person who jumped down?”

Later, we were explained at the receptionists that Godeladze was brought to the hospital on September 19 and was dismissed on September 21. However, the medical personnel could not answer whether the patient was alive or injured when he was dismissed; they did not know from where he was brought to their hospital either. Then one irritated woman suggested us to see the doctor-on-duty and chief doctor of the hospital.

“Are you curious about Godeladze? Do you have permission of the patient to get information about him?” asked the doctor Misha Dolidze in reply. It was 40th day after Ucha Godeladze’s death.

Finally doctors refused to give any information.”You should bring the confirmation letter of the family to get requested information”, doctors answered at Ghudushauri Hospital.

We wonder which journalist provides confirmation letter from the patient to get information at hospital; for example when doctors make comments about health conditions of the injured people during car accident (not to mention dead people).

The Human Rights Centre clarifies that the doctor can hide information or release it without agreeing the issue with anybody.” If the fact has high public resonance, doctors can spread general information about the patient. The society shall know what injuries he had and where he was brought from,” stated the lawyer Tea Tedliashvili.

We applied to the public defender’s office in regard with the fact; the spokesperson put down our phone number and promised to get in touch with us in several days. We also got in touch with Nino Dalakishvili, representative of public defender in Shida Kartli region, who said she did not have information about the accident because the victimized family had not applied to her. Later I got in touch with the public defender’s office. Spokesperson clarified:”Public Defender is preparing a conclusion on the death of the prisoner and we cannot spread information in advance”.

It is fact that the death of Ucha Godeladze is tabooed in every institution. There are many assumptions and versions about his death. According to one of the versions, the prisoner died when the police was beating him. Though now we know that Godeladze was arrested on September 15 in Batumi, 5 days later his dead body was found in Tbilisi Aramiantsi hospital. According to the family members and witnesses, the dead person had a lot of injuries on his body. There was surgical cut on his head too.

Finally, we would like to remind reformed law enforcement bodies that – according to the Article 15 of the Constitution of Georgia, life is inviolable right of a person and it is guaranteed under the law.