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Court did not Allow Prisoner to Attend Trial

April 27, 2010
Shorena Kakabadze, Kutaisi

Kutaisi Appeal Court discussed a case on the convicted Apolon Giorgadze. Giorgadze is accused of the resistance to the prison administration during transportation; in addition to that he is a member of a criminal network though he himself denies this fact. According to the 2010 judgment of Kutaisi City Court Apolon Giorgadze was sent to prison for 6 years (for his membership in a criminal network) and 10 months for resistance.

According to official information, on December 25, 2005 the prisoners resisted the prison personnel during transportation from the old prison of Kutaisi. The prisoners were ordered by the members of the criminal network to resist the prison administration as it was reported. The process of their transportation was delayed and ended in a quarrel. Several people were injured.

“This is a fabricated accusation. At that time, the government needed PR campaign and staged this performance. In fact, the prison administration intimidated the prisoners. How could my son or others receive directions from criminals when they could not move freely? On those days, they were under strict regime. My son was urging them to start court hearing on him. He said he was neither a member of the rebel nor a member of the criminal network and wanted to live normally. But in this country nobody cares about the feelings of the prisoners or people,” said the mother of Apolon Giorgadze, Mzia Giorgadze.

The court passed a verdict on the incident of December 24, 2005 five years later on February 8, 2010. The prisoner protested against the verdict. Apolon Girogadze sewed his mouth and eyes in protest.

The defense side appealed against the verdict at the Kutaisi Appeal Court and requested to annul it. The attorney also requested the court to allow the prisoner to attend the trial but the requests were rejected. The Judge Murtaz Kapanadze clarified that Apolon Giorgadze has already made one testimony (in the first court) and it was not necessary to invite him to the trial.

The lawyers clarify that the court breached the procedural law and did not allow the party to fight for their rights through a fair trial.

The lawyer of the Human Rights Center Nino Andriashvili clarified that “In accordance to Article 132 of the Criminal Procedural Code of Georgia each claiming about the criminal case shall be evaluated based on its relation and authenticity. All the evidence in the case shall be used to declare the detainee guilty. In accordance to Article 6 Part V of the Criminal Procedural Code, violation of the Constitution of Georgia and Criminal Procedural C ode causes the liability envisaged under the law.”

Attorney of Apolon Giorgadze Bela Tsulaia said that the prisoner does not plead guilty and thinks that the investigation was partial and the court was entitled to interrogate Giorgadze too.

“Since the Appeal Court decided to carry out oral hearing on the case, it was entitled to act in compliance to the whole procedural norms. Of course, if the parties had not motioned about the restricted procedures. The principle of adversarial trial had to be preserved during the trials and both parties should have had right to provide motions and evidence to prove their allegations. The court had to pass a verdict after impartial discussion,” said the lawyer Nino Andriashvili.

The Appeal Court reduced the imprisonment for 6 years and 10 months at 6 months. The defense side thinks that the prisoner is not guilty and they plan to appeal against the verdict.

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