Court Sentenced Young Lawyer to 7-Year-Imprisonment

Saba Tsitsikashvili, Gori

Gori district court sentenced 22-year-old lawyer Mariana Ivelashvili to 7-year-imprisonment. Gori Prosecutor’s Office blames her in swindle. Mariana Ivelashvili petitions to the president of Georgia, representatives of international organization and human rights defenders to defend her rights.

22-year-old Mariana Ivelashvili was detained on November 3, 2008. The reason of the detention was testimonies of Olia Valieva and Gulisa Nonikashvili, residents of Gori. Olia Valieva stated lawyer Mariana Ivelashvili had extorted 309 GEL from her and did not provided legal assistance to her. Gulisa Nonikashvili claims the lawyer misappropriated her 100 GEL.

Olia Valieva applied to Mariana Ivelashvili for legal aid in April of 2008. She wanted to annul past conviction record of her son because she thought it hindered him – Petre Valiev - to start military service. Consequently, as Olia Valieva said at the trial, she applied to the lawyer without agreeing the issue with her son.

The trial was scheduled for June 16 and the Valievs received summon at home. Petre Valiev had no idea that his mother had hired an attorney.

“When we received summon at home, I learned that I was called to the court. I asked my mother what was the matter and she said I had to go the court to annul my past conviction. In the morning when I came to the court, I saw my mother was moving to and fro in the hall. The judge asked her where the attorney was and my mother replied she had not come. I learned only after the trial that my mother had hired an attorney for me,” said Petre Valiev at the trial.

According to the notification of July 17, 2008 there was defense warrant in Petre Valiev’s case. So, Mariana Ivelashvili is surprised why the judge asked Olia Valieva about the attorney. As a rule, the judge should not have asked similar question. Thus, Mariana Ivelashvili states Petre Valiev made wrong testimony to the court.

“Position of Olia Valieva is very interesting when she said that attorney had not appeared to the trial. She could easily request to postpone the trial but she did not. Instead protesting the decision of the judge, she appealed to the police against me. I think, these women applied to me to provoke. Olia Valieva’s son said at the trial said his mother had hired an attorney and appealed to the court without informing him. Why did Olia Valieva keep this fact in secret from the son? What was her purpose of hiding this information from the son? She did not want her son to appear at the court; sometimes she claimed he was abroad, or he was in Kutaisi and did not know contact details. Finally, the court found her son and called to the trial where he said the mother hired the attorney without his permission,” said Mariana Ivelashvili.

The detained lawyer said she has not taken any money from Olia Valieva. I assisted her for free.

One more person sues Mariana Ivelashvili. Gulisa Nonikashvili from Gori claims Mariana Ivelashvili misappropriated her 100 GEL.

“I had some argument with my children about the house. I appealed to the court. They told me the suit was to be written by a lawyer and I had to provide a receipt of tax-payment. I did not know where I had to pay. I visited Mari Ivelashvili’s office and she confirmed that nobody would discuss my suit without payment. I took 100 GEL as a pension credit from the bank 
and brought to Mari’s office. I asked her to assist me and promised to pay her for it. Several days later I received a notification from the court; they refused to discuss my suit because I had not paid the fee. I visited Mari again and told her I would sue her unless she provided me with legal aid; she replied she took 100 GEL for her service and I could sue her wherever I wanted,” said Gulisa Nonikashvili.

According to Gulisa Nonikashvili’s testimony, she did not have money to hire an attorney but collected sum to pay the fee: “If I knew Mariana Ivelashvili would take money for legal aid, I would have applied to the office of Young Lawyers Association in Stalini Street and they would have written the suit for free.”

Mariana Ivelashvili appeals to the president of Georgia and all corresponding institutions to consider her situation as an innocent person.

“After I provided legal aid to Olia Valieva, she met me with another woman at the entrance of my office several days later. The second woman was Gulisa Nonikashvili who said her children had exiled her from the house and wanted to sue them. I explained to Gulisa Nonikashvili that she had to pay 100 GEL to the court and she replied to me I had to write the suit and she would take care of that payment herself. After that the women left my office and disappeared,” said Mari Ivelashvili.

As for the testimony of Gulisa Nonikashvili, Mariana Ivelashvili clarified: “I could not take the payment for the court from Gulisa Nonikashvili because applicant shall pay the money to the bank based on his/her ID or passport. So, I could not deceive Nonikashvili. It is wrong accusation.”

Investigator of Gori department of the MIA Durglishvili sent an interesting letter to Gori district Tax Inspection. “Please, inform us whether Mariana Ivelshvili has been registered at your inspection as a lawyer,” Durglishvili sent this question to the Tax Inspection on July 15, 2008. The investigator received the following reply. “Mariana Ivelashvili is not registered as a lawyer at the Tax Inspection.”

“It is strange who is registered at the Tax Inspection as a driver, shop-assistant, or a cook. I am registered at the Tax Inspection as a tax-payer and my personal number is registered there; I have a seal and all corresponding documents,” said Mariana Ivelashvili.

Currently, the Tbilisi Appeal Court is discussing the case. District court sentenced Mariana Ivelashvili to 7-year-imprisonment. Mari Ivelashvili’s brother has fled from Georgia because he was warned about detention and persecution. The Ivelashvilis urge the president of Georgia and all corresponding institutions for help.