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Skinny Hunger-Striking Lawyer Arrested

April 23, 2008

Nona Suvariani, Tbilisi

“The detention is designed to our activities, end the protest, and block our struggle for freedom and to put back to sleep those lawyers who are now aware of the problems that we face.  In spite of the fact that I am now sitting prison, or even if I was outside; I will still continue struggling in the effort to prove that my arrest is a completely stupid scenario and was designed as a provocation against us,” stated Malkhaz Jangirashvili, lawyer who was arrested on April 21st and now sits in a preliminary detention isolator cell.

Attorney Gela Nikoleishvili reported his statements to the Human Rights Centre (HRIDC). On the evening of April 21 Malkhaz Jangirashvili was arrested near the Central Hospital in Tbilisi. He had visited Irakli Kakbadze, a leader of the Egalitarian Institute, at the hospital.

Lela Aftsiauri, the director of the non-governmental organization “Union of Georgian Prisoners within the National Service Division of the International Union of Prisoners “, speaks out about the obstacles that lawyers have recently faced when they wanted to attend the medical examination of Malkhaz Jangirashvili. She also describes the conditions under which the lawyer was arrested.

“Policemen claim that the ground for his detention was his physical appearance. They claim, based on their professional opinion” “that the suspect looked like someone on drugs. He was just too skinny.” This argument does not hold up to closer scrutiny, after a 29-day-long hunger-strike. Jangirashvili showed all the things he had at the moment to the law enforcers without any resistance. These items were later seized from him.”

Malkhaz Jangirashvili said (via Gela Nikoleishvili) that police officers met him outside the hospital and stated the video-camera had showed he was under influence of some substance. The lawyer replied to them that having similar appearance should not be strange because of the prolonged hunger-strike.

Gela Nikoleishvili: “He reported to the policemen that he had hurt his leg and had taken painkillers (Baralgin and Dimedrol). It is also stated that had a ready syringe full of pain-killer in his pocket. You know that those medicines are psychotropic substances and not narcotic. Jangirashvili was ordered to put everything on the hood of the car. He could have easily managed to put his hand into his pocket and push the medicine out of the syringe, which contained only two grams of medicine. However, it was clear in his mind that he had no illegal drugs and did not try to dispose of the so-called evidence. He also thought that police officers could have planted a syringe full of narcotic substance very easily. Afterwards, Jangirashvili noticed in the distance that the syringe was not on the hood of the car anymore. Later we found out that his things were put into another car and sealed up for evidence. However, the detainee could not see what had been sealed up. Law enforcers could have replaced both the syringe and the substance inside.”

Lela Aftsiauri reported that after the search Malkhaz Jangirashvili was taken to the expertise department of the Internal Ministry for closer examination.

“Nearly ten lawyers arrived at the department with all necessary documents. Officials of the department resisted us and tried not to allow attending the expertise procedure. However, the law authorizes us to attend such an examination.”

Lela Aftsiauri added that all investigation, or procedural activities, regarding the detainee should be carried out in the presence of a lawyer. However, the lawyers were not allowed into the premise of where all this was happening. Finally the lawyers rushed into the building.

“High-ranking officials ordered law enforcers to arrest us but somehow they could not manage it.
When we entered the examination of Jangirashvili had already been completed, which is a violation of the law.”

As it was later determined, law enforcers examined Malkhaz Jangirashvili and not the substance that was in the syringe. They found a substance from lots of drugs in opium group in the blood of the detainee.

Gela Nikoleishvili: “Even if Jangirashvili was under influence, the offence is subject to a fine. However, the main point is what kind of substance was actually found in the syringe.”

“The expertise has concluded that supposedly they had found 1, 4 gram of Metadon in the blood. However, their findings were not conclusive. Now the Ministry of Justice will carry out a second expert examination.”

Currently, Malkhaz Jangirashvili remains in the preliminary detention isolator cell. He has not been charged with any crime at this time.  He can be held, based on the legislation, until the evening of April 23. Jangirashvili has not been interrogated either; they are waiting for the conclusion of the expertise before proceeding.

Lawyers and representatives of the NGOs have met the diplomatic corps in speaking out about this most recent incident as well as other issues. Representatives of the German and French Embassies, and OSCE Mission were in attendance for the meeting.

Gela Nikoleishvili: “At the meeting we spoke about the detention of Jangirashvili as well as the current situation that now faces the activities of lawyers and the recent legislative changes. The efforts of lawyers have become completely useless, as their legal and professional activities are being totally circumvented.”

Lawyers consider that Malkhaz Jangirashvili was arrested because of the recent activities of Georgian lawyers in standing up for the rule of law and civil society.

 

 

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