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Ukrainian Citizen Accuses Georgian Policemen of Torture

October 13, 2008

Nana Pazhava, Zugdidi

Orest Bokhonko from Kiev blames officers from main department of Samegrelo-Zemo Svaneti regional police for torture and inhuman treatment. Georgian law enforcers detained Ukrainian citizen in Tbilisi international airport on August 27. He is suspected of having purchase and transported internationally a particularly large amount of narcotics. Police officers from regional department claim they withdrew the drug “Metadon” from the rectum of Bokhonko. Ukrainian citizen categorically denies the accusations. His attorney, Shorena Kalandia speaks about those violations that occurred during the detention.

“This is the country which claims to get into the EU?!” Orest Bokhonko repeated these words most often in Zugdidi district court. A citizen of foreign country makes such statements as the result of the harassment he experienced on the part of a Georgian police officer.

Orest Bokharenko reported the story in details in his petition to Vladimer Bondarenko, Ukraine Council to Georgia.

Reportedly, thirty-seven-year-old Ukrainian man was arrested in Tbilisi International Airport at 11:00 PM on September 27. He arrived in Tbilisi from Kiev. Bokhonko pointed out that he intended to visit his friend Zaza Saminava in Senaki, western Georgia; the friend was supposed to meet him in the airport. A strange person met him at the exit who informed him that Saminava was delaying for half an hour and led him to a room in the airport. 20 minutes later Georgian friend appeared and they intend to leave the place by car. At that moment nearly ten people dressed in civil forms approached the men and pushed them down to the floor with the use of force.

Orest Bokhonko: “They lifted only me up and asked where I was hiding “Metadon.” I was surprised and explained to them that I had no drugs on me. There was still confusion associated with their actions.  They did not like my reply and started to beat me in the abdomen. Then they took me back to the airport building. I was explaining to them I was citizen of Ukraine and they had to inform Ukrainian Embassy about my detention. They did not pay attention on my request and demanded to show them the Metadon. I asked them to call the airport administration staff and officials from the custom but all ten men were beating me together.”

The police officers would not satisfy the requests of Bokhorenko because it would take long procedure under Georgian legislation and the process could have lasted till next morning. Thus, they suggested the suspect to sign the protocol without witnesses where he would confirm that he had no dugs on him. Bokhonko signed protocol written in Georgian so he could not read the context of it.

Orest Bokhonko: “Having checked my personal items they demanded me to take off clothes and then to squat… only some time later I learned that if a person has drugs in anal canal the narcotics could drop in this procedure. Everything was recorded on video-camera. Almost every policeman was shooting me by mobile phone and despite the fact I could not hear Georgian language I could guess that they were making fun of me and degrading me.

Since police officers returned went back to the room, several of them strangled me in the throat and others were holding my body. One police officer continued to check my anal canal. I fainted because of the terrible pain. I do not know how long it lasted but when I recovered there was yellow rubber balloon on the table. The policemen said that it was Metadon that they had taken out of my body….”

Orest Bokhonko was taken to Zugdidi regional police department and then was placed in the pre-trial detention setting in Tsalenjikha. The accused explained that he needed medical assistance of the first aid in Tsalenjikha. Bokhonko spent two days with high blood pressure and was hungry. Supposedly, his ribs are broken though the investigation verbally refused the attorney to conduct forensic expertise.

Judge Jeiran Morgoshia from Zugdidi district court imposed two-month pre-trial detention on Orest Bokhonko. He was judged under Article 260 paragraph III and Article 262 paragraph IV of the Georgian Criminal Code. If Ukrainian citizen is find guilty based on final verdict he faces the danger of life imprisonment. He is in Zugdidi Prison # 4. Zaza Saminava, friend of Bokhonko, is also arrested who is charged for illegally purchase and procession of heroin. Law enforcers claim that they discovered 0, 007 grams of Heroine in his house in Senaki.

The defense side explained that case on Bokhonko was appealed at Kutaisi Appeal Court. The attorney considers that investigation was conducted through violations and evidence that was withdrawn by the investigation should be entirely cancelled.

Shorena Kalandia, the attorney:  “The detainee did not have a lawyer. Nobody explained to him that he could appeal against the charge within 72 hours. The police did not report to the Ukrainian Embassy and Council though they had to do it within 5 hours. They sent official notification about the detention to the Embassy only the next day. The detainee did not sign any of the documents because they were written in Georgian.

As for examining of the rectum which was conducted under a blatant violation of the law, there was no correspondent document issued by either investigator or prosecutor who should have been read to the detainee. A specialist-doctor carries out the expertise based on written notification issued by medical agency and policemen were not authorized to decide it. These legal procedures were not followed though Kokhta Kodua, the head of operative group did it illegally and he was particularly ruthless towards the detainee and they hide the behavior.  Kodua was also the source for operative information and they hide it too; they did not hand in me the copy of that document. There is not noted in the search warrant that the process was video recorded.”

The defense side knows the names of several people who were members of the operative group that beat Bokhonko. They were Giorgi Lomaia, Jumber Ablotia, Giorgi Janashia and Giorgi Samushia. The latter is member of the National Movement who was accused for having beaten oppositionists and served an administrative sentence.

Roma Bokhonko, brother of the detainee arrived in Zugdidi from Ukraine. He is deeply concerned regarding the incident.

Roma Bokhonko: “I cannot explain the reason of my brother’s detention. Initially, we the family thought he was kidnapped by criminals and money would be demanded. My brother has never dealt with drugs. The activities of police were astonishing. Do policemen carry out medical expertise of detainees in your country?! Does Georgian police trump up criminal cases like that?!”

Vladimer Bondarenko, Ukrainian Council to Georgia, arrived in Zugdidi from Batumi as soon as he received the petition from Orest Bokhonko. He met the detainee several times. Bondarenko met Samegrelo Zemo-Svaneti regional governor; the heads of regional police department and prosecutor’s office. However, the details of their conversation have not been reported

 “I have observed the investigation process and am waiting for the decision of Georgian law enforcers. I know the essence of the case and I already know about those violations that occurred during detention. I will try to protect the dignity and human rights of our citizen within the power and competence of mine,” said the Council of Ukraine.

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