Trial of Vladimer Vakhania Was Renewed

Shorena Kakabadze, Kutaisi

The trial of the academician Vladimer Vakhania was renewed at the Kutaisi Appeal Court. The attorneys spoke about health conditions of the prisoner and general situation in the prison in their interviews with the journalists. The attorneys state that Vladimer Vakhania was detained according to the government’s order; that he is a political prisoner and it is very difficult to defend him from the unfair judiciary system.

One year for the interference in journalist’s activities and three years for illegal purchase-possession of a gun – this is the ultimate punishment envisaged under the Article 154 Part II and Article 236 Part I of the Criminal Code of Georgia which was imposed on Academician Vladimer Vakhania by the Zugdidi district court on September 10, 2009. Vakhania was detained for the interference in the professional activities of a journalist and illegal purchase-possession of a gun on March 17, 2009.

“This person has serious health problems. Initially he was placed in unbearable conditions in a cell for four people. Now he is alone in the cell but they do not allow us to examine his health conditions. The prisoner has not been eager to talk with us recently that make us doubt that he is under influence of some medicines. Furthermore, he is now alone in the cell and the court- hearing has prolonged. Finally, we should find out the truth and the completely innocent person shall be released,” said the lawyer Lali Gelashvili.

Besides Gelashvili, Vakhania has 5 more attorneys - Lali Aptsiauri, Gia Ebralidze, Nugzar Kvaratskhelia, Jemal Shelia, Kakha Lomaia. Although 5 trials were held during 9 months in the two instances of judiciary, the attorneys were first allowed to make defense speeches only last week.

“We defend the rights of the completely innocent person; however it is very difficult to succeed in similar judiciary system. All evidences in this case are groundless. It is the case which requires honest, free and professional understanding instead of the one you have. However, it cannot be in a different way because it is politically motivated charge without any grounds. What else can I add? It is the first chance for us to make defense speech during all the trials we had in two instances of court. So, it is difficult to defend this person in similar conditions,” said Gelashvili.

The lawyers state that the Academician Vladimer Vakhania is a political prisoner and court investigation aims to discredit him. The wish of the government was to get rid of him from the political activities and they managed it with the support of the judiciary system; consequently, they declared Vakhania a traitor in the society.

The law enforcement officers discovered automatic gun and other military weapon (hand-mines) in the house of the Academician Vakhania when he returned from Russia. Before this incident, on February 19, 2009 Vakhania gave interview to the local newspaper which later became the motive for the accusation of the oppression on the journalist. Before that, Vakhania tried to establish a political organization which caused serious controversy from the government and finally ended in his imprisonment.

“The law enforcement officers acted as robbers in the house of Vladimer Vakhania on the day of his detention; it was not a search at all but a vandal act. They cut the furniture, tore off the wall-paper, stole things (spoons) etc. His neighbors who refused to make testimonies against Vakhania are still in arbitrary detention,” said Nugzar Kvaratskhelia.

The Criminal Collegium of the Kutaisi Appeal Court discusses Vakhania’s case (judges Marina Siradze, Marina Imerlishvili, and Murtaz Kapanadze).

The defense side requests to annul the verdict of the Zugdidi district court and find the detainee not guilty. Attorneys clarify that the documents provided in case materials are not enough to convict Vakhania and to start a criminal persecution against them.

“The investigation has been illegal from the very beginning. The principle of the fair trial was breached from the very beginning. They have ignored the Criminal Procedural Code of Georgia and the Convention on Human Rights. It is political order which is perfectly implemented by the court,” said attorneys.

The Criminal Collegium of the Kutaisi Appeal Court did not satisfy their request to annul the September 10, 2009 verdict of the Zugdidi district court.

Nana Kakabadze from the Former Political Prisoners for Human Rights: “It is a terrible feeling when you – a human rights defender - are sitting in the court-room and you definitely know that there is no judiciary in the country which can protect arbitrarily detained people. It is shameful when you know that Georgian detention settings are overcrowded with similar prisoners. In parallel to it, we, human rights defenders, speak based on statistics and there is no defense mechanism in the country…”