We repeat once more, that such crimes as corruption, malfeasance and extortion are too often in all fields of public life, especially in law enforcement bodies. No wonder, since many officials, working in these structures, try to line their pockets through the misfortune of others.
Human rights are often violated by the representatives of law-enforcement bodies before detention of a citizen, during his imprisonment and after his releasing. We shall discuss different kinds of crimes, committed by law-enforcement bodies and enumerate their methods of earning money:
HUMAN RIGHTS VIOLATIONS PRIOR TO BRINGING A CHARGE AGAINST AN INDIVIDUAL
1. a) Policemen noticed one or several suspicious young men in the street;
b) Two or more persons had a conflict and then parted peacefully, and rumours reached a policeman;
c) Policemen know that a certain citizen is carrying a great sum of money (as a rule, it happens in the airport).
How do the policemen behave in such cases? They come up to a " suspicious " citizen and search him in a free and easy manner, then they seat him in the car and begin "an agreement" - if you bring a certain sum (mostly they demand several hundred dollars) we shall release you. If not, let's go to the police station and speak there - the extortioners say. In such cases, an innocent citizen's possibilities to protect himself are too limited. If a victim begins to be obstinate, there exist quite simple methods to bring him to reason: he is taken to police station and forced to admit his guilt under psychological or physical pressure.
According to the Georgian Legislation the police has the right to detain a suspect for 3 days without bringing a charge against him. This period of time is quite enough "to bring a victim to reason." If a suspect is still obstinate, it is registered officially that during the search they withdrew narcotics, a pistol and several bullets from a detainee. This is one of the most widespread methods of achieving the purpose on the part of the policemen. It is easily realized technically. The fact that MP Teimuraz Zhorzholiani was arrested just using this method on September 30, 1995, proves that this method is widely used in Georgia. This issue of our bulletin gives a great deal of information about such facts. Naturally, ordinary citizens are more unprotected than others. Here we give several examples of extortion: Mamuka Tskhvedadze lives in Tbilisi, the Gldani region. He writes: "My parents are pensioners. At present they live in Golovani, he Tetritskaro Region. This July 1 my father quarreled with our relative.
"After this, on July 6 the head of Manglisi police subdivision Bekauri and 2 more employees came to Golovani; according to my parents, they were drunk. They searched our house, as well as the private possessions of my parents and their beds. The policemen were armed. During the search they behaved defiantly.
"When my mother demanded the court's warrant to search, they began swearing and produced no documents. Then my parents asked about the reason of the policemen's bursting into their house. They were interested whether there was any statement or complaint about this question, though the policemen submitted none of them (I should explain here, that the other party, our relative, said that he had made no complaint about the above mentioned fact, since he did not consider it necessary, and he confirmed in writing that he has no complaints. Thus, we do not know how the policemen appeared in our home).
"After the search, the above mentioned policemen took my father to the Manglisi Police Station. On their way to the police station they beat and swore at him, despite his gray hair and age. Though my father asked them not to do it, they did not listen to him.
"After bringing Mr. Tskhvedadze to the police station, the policemen continued to beat and swear at him. Then they required 500 GEL (approximately 400 USD) from him in order not to start a case against him.
"The same night the policemen took my father to the neighbouring village Toneti, they left him there and fixed the time to bring money. When, by the time agreed, Mr. Tskhvedadze came to the police station the policemen continued to swear him and demanded 500 GEL. Finally, they extorted 70 GEL from him, though they did not consider this sum enough, and are still continuing extortion."
Extracts from a statement of Mrs. Mariam Shakarashvili, who lives in Sagarejo:
"My son, Mamuka Shakarashvili was detained in 1994. He was charged of extortion. During the investigation he was physically attacked. I protested against this fact several times, but in vain. They forced my son to make a false avowal of guilt. Finally, they achieved their object. He wrote what the policemen dictated to him. On July 7, 1996, Mamuka Shakarashvili was released, but on August 10, 1996, he was again called for examination. During the interrogation he was again beaten and forced to point at one of the suspects. Only then did they release him. Afterwards, when they again called Mr. Shakarashvili to the police station for interrogation, he did not appear, ran away from the town and is still hiding."
The above mentioned examples are so usual that Georgian readers may become surprised why we have marked them out. But we have specially chosen just ordinary and typical examples of events that take place in the course of policemen's activities.
The next stage contains the period of investigation. If a suspect does not admit his guilt during 3 days, law-enforcement bodies are obliged to release him or bring an accusation against him. Release does not often take place, and even if it does, a victim has no guarantees that in the future he will not be provoked or detained again. Policemen find it easy especially with those persons who have previous convictions. When a certain crime takes place in their region, first of all they go to such persons, take them to the police station and release them only ehen they bring a definite sum. It is too seldom when victims escape without bringing money.
After bringing an accusation an investigation should last for 9 months; afterwards, according to the Georgian Legislation, the case should be passed to the court. The representatives of law-enforcement bodies often ignore this commitment and keep a detainee in pretrial detention for more than 12, 15 or 24 months. Recently, through the press human, rights organizations and journalists conducted a campaign on the necessity of observing the time limits for detention. That obliged the representatives of law-enforcement bodies to take public opinion into account and not to violate human rights and law so obviously. Thus, at present they try to observe the time limits for detention, though we still come across individual cases of violations. The representatives of law-enforcement bodies have found an original method. They finish a preliminary investigation in 9 months and pass the materials to an accused and his lawyer for acquaintance. This acquaintance often takes several weeks or months. Afterwards the case is passed to the court, where the date of a trial is fixed. As a rule, this procedure takes several weeks or months. Finally, the trial begins, which may also last for several weeks or months, and the court concludes that the case is not qualified enough, so it should be returned to the preliminary investigation. By this time, 12-15 months of pretrial detention have passed. According to the Georgian Legislation, 9 months are again given for the preliminary investigation. Thus a person, who is not charged guilty by the court yet, is kept in pretrial detention for several months. Such cases are found too often in Georgia. For example, an accused Levan Gabunia is being kept in pretrial detention for three years since December 6, 1993. An accused Guram Beteshvili is being kept in pretrial detention for almost four years since March 4, 1993. His case was investigated by the Khashuri Police. Now, the accused is at the Tbilisi investigation isolator 1.
Now about what happens during 9 months of pretrial detention: actually there exists no case, where any item of the 1966 International Pact on Civil and Political Rights is not violated during pretrial detention. Physical or psychological pressure aside, the main problem here is admission of a lawyer to the accused. According to the Georgian Legislation, a lawyer should be admitted to an accused from the moment of the latter's detention, though this demand is often violated and a lawyer is admitted only after an accused has given all testimony. And then the latter begins to write and complain that he was forced to give such an evidence which does not correspond the facts, but neither the investigator nor the court pays attention to him. False witnesses are often used during the investigation. As a rule, such witnesses are forced to give false evidences against an accused. We have a statement of Mr. Labadze, a prisoner sentenced to death. He describes the methods of investigation of his case. He was arrested in December 1993. He was accused of killing M. Kakhishvili. He writes: "An investigator Avtandil Abashidze came to the isolator and offered, 'You have a bad past, you will be unable to prove the truth; take the blame upon yourself and I shall arrange the appointments with your family and if you like, I shall supply you with narcotics before you are shot.' I refused. Then he blackmailed my former wife. He told her that I had said that my wife and I were stealing together. When my wife wrote everything what she knew around the case, the investigator tore her evidence and forced her to write what he dictated. She wrote that I have killed someone and that's why I was hiding. Lately, I was transferred to the detainee cell of the Ministry, where I was tortured. Then the investigator brought a witness, a certain Andro Gvritishvili, who gave evidence and I was forced to sign it. Lawyer Gvishiani did not attend the interrogation. I was forced to commit a suicide, but I was rescued." In court Lawyer Gvishiani confirmed that he attended all interrogations, but he could not recognize the defendant's wife, though, according to him, he attended her interrogation.
Of course, in Georgia there are honest lawyers too, but most of them only try to create a facade of justice protection.
HUMAN RIGHTS VIOLATIONS BY JUSTICE
As a result of dragging out an investigation a crime loses its actuality, the society forgets about it, since many new crimes happen during the period of investigation, and the society transfers its attention to the new cases. Only the members of the family remain interested in the previous investigation. Under such conditions it is too easy both for investigation and the court to solve the case in favour of that party, which offers more money. We shall give some examples: 1) On May 21, 1995, Irakli Gegenava killed his neighbour Yuza Elbakiani. There are some witnesses, who saw everything. The Vake Police Department, which searched the murderer's apartment (they found narcotics and grenade), is not interested in detaining a murderer; as the victim's mother says, the murderer's family is patronized by J. Gorgiashvili. The latter was the head of the personnel department of Internal Ministry. The second case: On July 20, 1992, Givi Stepanidi, who has previous convictions, killed Gia Shavgulidze in Tbilisi. This case was completed recently. In September 1996 the court of Vake Region of Tbilisi (chairman V. Alania) changed article 105 (premeditated murder) into article 108 (manslaughter), sentenced him to three years of imprisonment and released him from the court-room, as far as this article was subordinated to the amnesty announced in 1995. The victim's mother says, that "the murderer's wife sold an apartment in Tbilisi and 'invested' the sum in the court." An amusing incident took place during the trial. In his speech for the prosecution Procurator Merabishvili demanded 11 years of imprisonment according to article 105 of the Criminal Code of Georgia (premeditated murder). In some days the same procurator demanded only 3 years imprisonment now according to article 108 (manslaughter). It is not difficult to understand what has happened during this period.
Sometimes, law-enforcement bodies are unable to fulfill the court's decisions because of hard financial and material conditions. For example, an accused Ratianidze should undergo a psychiatric examination in a hospital, but there are not suitable conditions at the Tbilisi psychiatric hospital (all problems, including that of guards, are connected with finances). That's why a prisoner can not be taken there, and thus the case is being dragged out for more than 9 months; during this period prisoners rights are roughly violated.
Many facts of torture are fixed during the preliminary investigation. For example, Mr. Bondo Bandzeladze says, that during the investigation he was severely tortured. An accused Kristesiashvili (detained in October, 1995), who is at the Zugdidi isolator, notes, that he and some other detainees - Kakha Djintcharadze, Gocha Djincharadze and Nikoloz Karagezov - are also severely tortured. It should be noted, that when the representatives of human rights organizations manage to connect with these prisoners, they refuse everything. Naturally, they behave so, because they are afraid. As to various official or non-official foreign organizations for human rights, they are quite indifferent to such facts. They have the following position: " It happened 2-3 years ago, and we are interested in new cases." They do not take into account the fact, that a prisoner is still in the hands of an investigator, and if he declares about it loudly, he will be tortured again. That's why a victim conceals everything. The most courageous ones,however, are ready to confirm the information of their torture to anybody. It should be noted, that it is too difficult to conduct an examination in such cases (the investigation hinders this process). Recently there were several cases of torturing political opponents. For example, Zaza Tsiklauri, Gedi Gelbakhiani, Zviad and Koba Dzidziguri were tortured during the preliminary investigation. It caused a great resonance. Probably, as a result of this resonance, the famous prisoners (Teimuraz Zhorzholiani, Tengiz Kitovani, Irakli Surguladze), who oppose the present authority, were not tortured, but we know nothing about the methods of investigation towards other political opponents.
A trial over the defendants Kobalia, Molodinashvili, Dzidziguri and Bokuchava is already going on for 8 months at the Supreme Court of Georgia. TheGeorgian free press regularly wrote about the violations during the trial. We shall give one example. Mr. Kobalia is accused of murder. One of the witnesses Gela Katsarava confirmed, that he saw how Mr. Kobalia killed a journalist G. Bolkvadze. Later on, when a journalist Maia Ivanelashvili came to him for a conversation, he said: "On August 21, 1996, the policemen came to my house and took me to Khobi, where, during the interrogation, they beat me. Policeman Zhvania threatened me that I should say that I have seen how Mr. Kobalia killed a journalist. The next day we went to Tbilisi Internal Ministry, then to Mr. Aladashvili's apartment (A. Aladashvili is a judge at the above mentioned trial). They again threatened me. Then we returned to the ministry. I did not know what they did with me. I lost consciousness. They took me to the trial. During a break the judge told me: "Repeat what you said half an hour ago, or else you will die." I did not remember what I had said. But they forced me to give a false evidence. Now, if it is necessary, I shall declare a hunger-strike in front of the USA Embassy in order to achieve the abolition of my evidence" - Mr. Katsarava said.
A famous Georgian protector of human rights, Helsinki Watch prize laureate, Giorgi Khoshtaria says on this occasion: "Physical pressure upon defendants has already become a well-established system, the mechanisms of which are equally used both on political and ordinary prisoners. An ordinary prisoner is an individual, and the society does not stand behind him, while political prisoners are often supported by a definite part of the society. Besides, foreign human rights organizations are mostly interested in the fate of political prisoners in Georgia. Ordinary prisoners themselves deny the facts of pressure upon them and prefer to keep silent, as far as they are afraid and have no hope that anybody will really help them. But, in my opinion, such facts should be revealed in order to begin the struggle against human rights violations. I have the documentary materials about torture of prisoners, but we have the right to publish them only in the case of authors' consent, and the latter refrain from it, as far as they are simply afraid. As for political prisoners, they are not so severely tortured, especially after widespreading the facts of torturing Mr. Tsiklauri, Mr. Gelbakhiani and others."
Much time is needed to change these methods, the state will not get interested in these problems, until the whole regime is changed. One should have either a biscuit, or a switch; as far as there are no biscuits at present in Georgia, the authority uses a switch. Though the whole society knows everything that happens in law-enforcement bodies, we can do nothing to punish these high-rank officials. It should also be noted that in prisons and colonies prisoners are not physically pressed. It mostly happens at the places of pretrial detention. In order to avoid it, we shall not admit interrogation without a lawyer, and generally, a lawyer's functions and role should be increased both during interrogation and trial. A lawyer should bear the responsibility for a prisoner; if he does not stop pressure upon a prisoner, he would be considered a participant of this crime. Unfortunately, the investigators know, that firstly the detainees are physically pressed and only then, interrogated. Some of them use this method themselves. That's why the investigators should also bear the responsibility for the prisoner's security. In order to improve the situation, the personnel should be changed into more high skilled specialists, they should have high salaries so that not to try to line their pockets by misfortune of others. We should start carrying out these reforms from the " top".
The only way out of this situation is for non-governmental organizations for human rights, journalists and individuals who are interested in these affairs to take an active part in the campaign against human rights violations. The above mentioned persons and organizations have already begun this campaign in Georgia. Our organization is one of the active members of this campaign.
Of course, there are cases, when the detainees are interrogated objectively, observing all rules, but there are the cases, which are followed by too fatal results. We emphasized only those cases, which are usual and have everyday, systematic character. That's why we consider the question of revealing such cases and struggling against them most urgent.
To finish with, we would like to say that as long as there is no legal reform, as our law
euforcement bodies and our judiciary keep their structures which were formed in the
Soviet times, with their specific functions, such breaches will be systematic. That is
why our main demand is: urgent realization of a true legal reform