Georgian Justice “Goes to the Dogs” -- “Hanging” Judiciary System

Lela Khidasheli, Kutaisi

“I know you are innocent but I cannot help you, sorry. I advise you only one, never let the life to make you into a cruel person,” suggested Ivane Afridonidze, the Judge at the Kutaisi Appeal Court to Giorgi Tskhakaia, who was accused of robbery. The Appeal Court did not amend the initial verdict passed by the Tskaltubo District Court, and now Tskhakaia has been sentenced to nine-year-imprisonment for the crime he did committed.

Giorgi Tskhakaia is now serve a prison term in Kutaisi. After the Appeal Court made final verdict, the prisoner attempted to twice commit suicide. He appealed to all human rights organizations, local or international organizations for help. He also wrote to the Georgian Public Defender that unless his innocent is proved he would sew up his mouth.

“When I studied the case before it was sent to the Supreme Court, I felt doubtful whether the robbery had occurred in the village of Maghlaki in Tskaltubo District on January 4 2007 at all. As a result of the robbery a taxi-driver Gela Kheladze was injured,” said Manana Apkhadze, the lawyer of Tskhakaia. The reason for her doubts is the fact that from January 4 to April 11 in 2007, before Giorgi Tskhakaia was arrested, there were several who were suspected of committing the crime.  Finally, the law enforcers arrested her client and this was only by accident. Police officers discovered him in the hospital while he was visiting his sick relative and asked him to follow to the police station to assist the police to recognize a suspect. There, the process of recognition, carried out without the attorney, exposed that Tskhakaia was the suspect and he was recognized by the victim.

‘Nobody warned Tskhakai that he and his cousin, Lasha Ugulava were actually suspects for the crime when he was taken to the police station for questioning. Thus his civil rights were blatantly violated and this was only the beginning, as even more blatant violations followed soon afterwards, which finally resulted in an innocent person being sent to prison,” said the lawyer.

The following events happened in the same order that is so characteristic of Georgian Criminal Justice System. Temur Todua, the investigator, did not satisfy the requests of the defense side to resolve the problem and he was rude towards Esma Norkaia, the initial attorney represented the then detainee. Norkaia petitioned to Juba Leladze, Kutaisi District Prosecutor, regarding the fact. Finally the prosecutor studied the petition after the case had adjudicated before the court.

The prosecutor used the results of the recognition process that was carried out in doubtful circumstances and the conclusion of the odor expertise “sniff test” against Giorgi Tskhakaia.

“The recognition report states that the process lasted twenty minutes and the victim Kheladze left the room twice during the time. A video-recording of the identification process lasted for only two minutes and it showed Kheladze pointed at Tskhakaia as the person who was responsible for the robbery. The defense side was able to get a copy of the recording after much effort. However, what was going during the remaining 18 minutes is strange. Another claim of the accusing party is also completely strange for us; it is conclusion of the odor expertise. I do not think dogs are not so trained in Georgia that Bimi and Lady could decide whether Giorgi Tskhakaia should spend nine perfect years of his life in prison based on their sense of smell.

There is question: if I demand the conclusion of the expert, who must be questioned, Bimi or Lady? As the expert claim the dog recognized the suspect. Should I question the dog? Where is logical thinking here?” says Manana Apkhadze.

The prosecutor did not take into account testimonies of the witnesses that provided an alibi for the suspect.  Moreover the prosecutor applied to the court for beginning a case against Tea Devdariani and Giorgi Gordadze, who had confirmed that Giorgi Tskhakaia was together with them on January 4, 2007. Despite the fact that Tskaltubo District judge did not satisfy the application of Kutaisi District Prosecutor Juba Leladze, the prosecutor did not stop at that, and addressed the court with yet another request: The prosecutor applied to the court to open an investigation over the case materials about Devdariani and Gordadze in order to proceed with a criminal complaint for making a false testimony. The court than satisfied the request of the prosecutor in this regard. Meanwhile, the suspect’s alibi witnesses had been oppressed by the representatives of the Prosecutor’s Office and this continues till now. The family is now under great emotional stress of all that has and continues to unfold.

Manana Apkhadze, Giorgi Tskhakaia’s current attorney states that Esma Norakia, Tskhakaia’s former attorney was being oppressed by law enforcers and therefore she had to refuse to defend the rights of the suspect before the court hearing in the Court of Appeals was completed. Apkhadze considers that she might become the next victim of this kind of intimidation.

At present the case is in the Supreme Court. Manana Apkhadze, the attorney has little hope that the Supreme Court will consider the verdict of not guilty, which for now is something that does not actually exist in Georgian case law, especially in recent times. Consequently, in order that Giorgi Tskhakaia is not another victim of unjust justice system, the attorney for the jailed calls upon society and NGOs for their help and support.