Statement of the Public Defender of Georgia Regarding the Case of Merab Kolbaia

On October 1, 2013 Public Defender met with the convicted Merab Kolbaia, so called “Kochoia” at the Penitentiary Establishment #8. In Mr. Kolbaia’s case many elements of severe crime are identifiable. Plus he has been subjected to torture on several occasions. During his meeting with Public Defender Mr. Kolbaia also spoke of convicted Eldar Kobalia’s murder through torture. Elder Kobalia had also been arrested with terrorism charges. 

  

The Public Defender of Georgia is initiating the examination of Merab Kolbaia’s case, as well as cases of other individuals arrested along with him. In order to provide information to the society Public Defender is making contents of interview with Merab Kolbaia public. 

  

Prisoner Merab Kolbaia, who is serving his sentence in the penitentiary establishment #8, declared that at the moment, by the power of the December 28, 2012 Law of Georgia Regarding Amnesty and changes to the Criminal Code of Georgia, he has 9 years and 6 months of sentence left to serve. The convict states that he is innocent and there is no evidence in his case that could have proved him guilty. According to Merab Kolbaia, ever since his arrest he had been subjected to verbal and physical abuse by the employees of the law enforcement agencies, as well as high officials of the penitentiary system. 

  

Mr. Kolbaia states that he was apprehended by a group of Georgian guerillas in village Chuburkhinji of Gali Region on February 15, 2011. The group included 1. Mancho Shalamberidze, 2. A person nicknamed “Lisi” with last name Ghurtskaia, 3. Soso Kharchilava, 4. A person nicknamed “Kabami”, 5. Lado or Levan Chelidze. He does not know the names of the rest of the group. He was apprehended in his own house, in presence of his grandmother – Margo Tskhadaia, cousins – Vepkhvia Archvadze and Zhana Archvadze, aunts – Lali Archvadze and Gulnazi Tsaava and neighbours – Teimuraz Kolbaia and Goga Ablotia.  

  

Members of the mentioned guerilla group broke into his house and Mancho Shalamberidze hit Merab Kolbaia with a gun handle and knocked him to the ground.  After this Mancho Shalamberidze pressed a pistol with a silencer to his leg and fired twice. Then he was lifted and carried toward the forest. Meanwhile other people that were in the house had been warned not to take any action and had been threatened with firearms if they did not obey. After they entered the forest the group of guerrillas stopped at a place that had previously been used by a local individual for household purposes. From there Mancho Shalamberidze called persons unknown to Merab Kolbaia and told them that a horse was needed to be brought as they had a wounded man and bringing him on foot would be hard. After that Mancho Shalamberidze approached Merab Kolbaia and fired 6 (six) bullets into his left thigh area. Afterwards, since they were unable to fetch a horse, they set out towards Zugdidi on foot. Merab Kolbaia recalls that the guerilla group broke into his house at about 10:00pm.    

  

Merab Kolbaia states that time to time Mancho Shalamberidze talked on the phone with individuals unknown to him. Approximately seven individuals joined them on the way. They stayed with them till the Zugdidi border. He says that the guerillas took him towards the Rukhi Tower, from which a road goes towards Zugdidi bypassing the border check point. After crossing the Enguri River they were met by a pickup truck with people in military uniform in it. The group of guerillas got into the mentioned vehicle and took him to Zugdidi to an unknown building where they stayed for about half an hour.    

  

In the vehicle, one of the persons in military uniform that was sitting on the right side of the driver asked him if he knew Megis Kardava. Merab Kolbaia replied that he did not. The person that had asked the question declared that he was Megis Kardava. When they were getting out of the car the mentioned person grabbed him and knocked his head onto the right side of the pickup roof. As a result the skin on his forehead broke and he started to bleed. 

  

According to Merab Kolbaia on the night of February 15, he was taken to Tbilisi. In Tbilisi, he was brought to an unknown building wearing a black sack over his head. He was taken into a room with two tables and a couch. After that they spread a plastic bag on the floor and made him lay on it. Mr. Kolbaia claims that he was approached by an unknown person with a pen and a piece of paper, asking him to provide answers to his questions. At this point there were three more individuals in the room, whom Mr. Kolbaia is unable to identify. The convict states that he declared to the individuals present in the room that he had not committed any crime and was unable to provide any type of information. After that a person in military uniform entered the room carrying a baseball bat and wearing a grey mask over his head. This person started beating Mr. Kolbaia with the bat severely. They put a plastic bag over his head and also electrocuted him. This continued for about an hour and a half, after what he was dressed into a military uniform and taken to Gori military hospital.   

  

Upon arrival at the Gori hospital, he was registered at the reception under a different name that Mr. Kolbaia does not remember and the medical staff was told that he was serving in the Senaki military division and had been wounded as a result of an argument with another soldier. He stayed in Gori hospital for about an hour and a half where he received medical care. After this he was taken back to Tbilisi. The persons in the vehicle kept advising him that he would be shown photos at the questioning and it would be better if he identified the people with whom he had allegedly conducted criminal activity. After Mr. Kolbaia refused to do that, he was told that they would see what he had to say when he was brought to the right place.  

  

After this he was taken to an unidentified place. When he got out of the car Merab Kolbaia saw that there was a lot of household waste around, which gave an impression of a garbage dump to the place. At this point a black SUV approached them and after this a black sack was pulled over Mr. Kolbaia’s head. Then one of the individuals came up to him and told him in Megrelian to confess the crime and identify certain individuals and in return he would receive help. The person declared that he was a minister and there was a lot he could do to help him. Mr. Kolbaia states that he does not know names of the individuals involved in this incident. He declared that he was innocent and was unable to identify anybody as he did not possess any type of information about a crime. After this they started severely beating him with hands, feet and bats. This lasted for about two hours. They also kept telling him that he would be butchered at this spot. After this they put him in the car and took him to Gldani Penitentiary Establishment #18. 

  

His torture continued in the Penitentiary Establishment #18 as well. Vazha Tskhvediani, Director of the Penitentiary Establishment #18, Roma Mikava – Prison Inspector, a person named Giorgi, with a faulty eye, also individuals overseeing the case that accompanied the prosecutor, whose names Mr. Kolbaia does not know, but could identify them, took part in torturing him. Merab Kolbaia states that the prosecutor, whose name is Davit attended his torture, but did not personally take part.  

  

According to Merab Kolbaia his torture also continued after his transfer to the Penitentiary Establishment #8. In particular, Aleko Mukhadze, Viktor Ghacheishvili, Gaga Mkurnaladze, Megis Kardava and other individuals who were not employees of the prison administration, but visited him to extract desired testimony, used to beat and torture him from time to time. 

  

One day, during his detention in the Penitentiary Establishment #8 officer named “Koba” brought him out of his cell and took him to the duty station. From there, one of the employees took him to Aleko Janjgava’s office where Giga Mkurnaladze and Megis Kardava were present together with prisoners, K. M. and E. K.. Merab Kolbaia states that Megis Kardava asked him whether he knew K. M. and E. K.. Kolbaia replied that he knew K. M., but not E. K.. Megis Kardava requested him to confess that he knew both of the individuals. Merab Kolbaia refused to do that, because of this he together with K. M. and E. K. was thrown to the floor and they started beating them and torturing with electricity. When they were laying on the floor E. K. advised him to confess whatever they were asking of him or he would be killed. E. K. also told him that he had been raped with a baton and if Kolbaia did not wish the same to happen to him as well, he had to confess. 

  

Merab Kolbaia states that at the preliminary investigation stage as a result of torture he confessed the crime he was being accused of, but afterward during the court hearing of the case he denied committing the crime and gave the true testimony. For this he was tortured at the Penitentiary Establishment #8. In the end he was convicted to 30 years of imprisonment. Merab Kolbaia declares that Gela Nikolaishvili is his attorney and somewhere in May, 2013 he visited Kolbaia together with an investigator. During the visit Kolbaia gave an extensive testimony about facts of his torture and inhuman treatment and also identified individuals that had taken part in his torture (on photos).