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Mr. Eduard Shevardnadze
President of the Republic of Georgia
Dear Mr. President,
The main reason of my appeal to you is my illegal detention and blackmail against me I have been enduring for last sixteen months. I would like to inform you that my arrest on September 17, 1995 and continuing imprisonment serve political interests of a particular group. I did a lot of thinking and analyzing before making this conclusion and appealing to you. I analysed the facts listed in my case and the real situation. I do not want you to think that I am trying to make you feel sorry for me or I am begging for your pardon; I only want you to listen to me and make a just and objective decision. I think you were mislead and misinformed about me arrest on September 17, 1995. I shall mention the facts and try to convince you of, my righteousness.
On September 17, 1995 I was arrested for 10 days according to Deputy Security Minister Mr. Avtandil Ioseliani's administrative order. I still wonder what was the reason of my arrest and which legal regulations I had violated. The same day the police searched my parents' apartment on the grounds of suspected participation in a terrorist attempt on August 29, 1995.
Simultaneously, the urban procurator's office "recalled " the case of Mr. George Glonti's murder. Mr. Glonti was former officer of the security group "Omega" and at the age of 22 was killed by the policemen because of a casual misunderstanding. I detained the suspects of his murder, but they were released; I was accused of abusing my duties. According to the Procurator General and Mr. George Tetradze's statement, one of the suspects, is a victim who suffered physical injuries I inflicted upon him. This statement is false and the policemen would not have found it difficult to find "a victim" for Mr. Tetradze worked as a receptionist for the Procurator General. It should also be noted, that in June 1995 Mr. Tetradze received slight physical injuries and four months later, in November, the investigator concluded that his injuries were substantial. A certificate was drawn "documenting" Mr. Tetraze's hospitalisation and medical cure for 22 days. The police needed this farce to have an excuse for my arrest. I find it difficult to name a person interested in my detention.
The charges against me were not brought until May 1, 1996 i.e. seven months after my arrest. I demanded an attorney, applied to the heads of law-enforcement bodies. The investigator piled an accusation with 18 charges against me, including high treason and banditism. I demanded confrontation with individuals accusing me of high treason. In response, the investigator brought some elderly woman, whom I had supposedly kidnapped in 1994 to extort money. As for the confrontation with people accusing me of grave crimes, it was never held. Despite my request, neither the confrontation nor the interrogation was organised. Clearly, the investigator has calculated each step beforehand: he was inventing accusations against me, while apologising that he has been ordered to do so. As a protest I went on a hunger-strike and starved for 21 days; upon the request of my family and the administration of the isolator, I ceased the hunger-strike and started looking through the materials in my case. Still I could not understand why I was arrested and who was interested in my imprisonment.
At the moment of my arrest I was in good health but now I am seriously ill with ischemia, pulmonary tuberculosis and chronic prostate. The doctors from the isolator and the ones my family invited, diagnosed me. Despite the medical treatment, my health has not improved. I have terrible headaches, which prevent me from examining the materials of my case. Meanwhile, some doctors signed a certificate assuring that I am able to read and function. Medical commission decided that I need in-patient treatment and immediately informed the investigator about my it in its report No. 32/1-660. As soon as the investigator read the medical report, he became furious and invited some other physician, Zurab Kalandadze. The latter, after a brief conversation, rejected all the diagnosis by previous medical examination. On November 29 I felt very ill: I had a terrible head-ache and high fever. According to doctor's report. I was still able to look through the materials of my case (!). He noted that my temperature was not above 37.3(C, blood pressure (155/95, and heart beat ( 67. It became clear to me that the office of the Procurator, along with the investigator, was trying to cover up my illness and create an illusion that I do not want to read my case. This will allow them to create a false report and present it at the trial, if they do not annihilate me physically by then. The motivation of the investigator and the police is clear enough: they detained me for nothing and they will try me in the court for nothing, without even letting me study my case.
It should be noted that my lawyers cannot enter my cell; they come across numerous obstacles. The Board of Internal Ministry must select the list of the attorneys accredited for defending and visiting a prisoner. My lawyers are denied such registration, hence the administration will not let them into prison. Sixteen months have already passed since my detention and ever since my lawyers have been issuing appeals to the investigator Narchemashvili. How else can I explain my isolation from my own attorneys, other than by Mr. Narchemashvili's driving to incriminate me for the crimes I have not committed?!
I would like you to know that I have served the interests of Georgian state policy and authority. My brother Besik Kvezereli and I were your personal bodyguards from the day of your arrival to Georgia. Simultaneously, we risked our lives in war zones (South Ossetia, Abkhazia, Samegrelo). In spite of our dedication, all my family got was tears and sorrow. On January 7, 1993 a police employ murdered my brother. I detained the murderer and took him to the Mtatsminda Police Station. The suspect Revaz Nadareishvili was detained for 20 days by an administrative order. The case was examined by an investigation board and headed by the Deputy Procurator General Mr. Kipiani. Mr. Arsenashvili was appointed an investigator. Mr. Nadareishvili was released and the case was closed.
In June 1996 my friend, an officer on the Security Service Mr. Guia Glonti was murdered by a police officer. I detained the murderer and took him to Didube Police Station. This case was also closed and the suspect was released. However, I was detained for abusing my duties. In February 1994 Security Officer V. Koberidze was killed; the murderers were convicted.
Now, I would like to tell you about my service in the security group "Omega". I hesitated a lot writing about it but mass media has been widely discussing its activities. I would like to apply to the former Chief of Security Service Mr. Irakli Batiashvili as well. According to official decision, a small group of officers was sent abroad for special training. Our foreign trainers did not teach us the specificities of organising an armed revolt or a terrorist act. We were taught how to struggle against terrorists and ensure President's security. As far as I know, it was my friend officer Gogitashvili who save your life during the assassination attempt on August 29, 1995. "Omega" has received no gratitude for its loyal work, instead we got damp cells and fatal diseases. In my opinion, some leaders of Georgian authority decided to destroy us physically, which is why former "Omega" members are kept in inhumane conditions and denied in-patient treatment. The crimes allegedly committed by the "Omega" members should be established by the trial, not my mass media or studio "Audientsia".
I hope to convince you that I am innocent and I have never thought of killing you. Always, when I guarded your life, I defended my homeland. It cannot be true that I or any other "Omega" member participated in the assassination attempt on August 29, 1995. I was only 22 years old then and I would not have benefited from it. Neither the members of "Omega" nor its leadership were against Georgian authority. I hope that our persecution following the logic "first detain and the evidences will be found later," will soon end.
My demands are the following:
P.S. Mr. Kvezereli's hunger-strike lasted for 29 days. For the last 4 days he turned to dry hunger-strike. Only after this, the preliminary investigation partially satisfied his demands (creating an independent medical commission, meeting with family members). Subsequently, Mr.Kvezereli ceased his hunger-strike on December 28, 1996.
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Mr.Avtandil Gogitishvili is accused of organizing the terrorist act to assassinate the President of Georgia. Two years have already passed since the beginning of the preliminary investigation. Mr. Gogitishvili is kept at Tbilisi Isolator 5, which is located in the building of Internal Ministry of Georgia. Mr. Gogitishvili's lawyer Elgudja Keratishvili writes: "Mr. Gogitishvili began to look through the materials of his case, but ceased it on December 16, 1996 to protest the barbarity of his confinement. He is deprived of basic living requirements: he has no possibility to shave or cut his nails, he is locked in the cell without any access to the outside world, he is not allowed to read books or newspapers. Mr. Gogitishvili has a heart disease. He has informed the investigator and administration about his medical condition several times. He demands a cardiological evaluation, though his requests are in vain.
Mr. Gogitishvili has not been interrogated for months. He demands the renewal of the investigation and his detailed examination of charges against him. With long beard and finger nails, Mr.Gogitishvili looks more like a hermit than a regular prisoner. A country claiming adherence to democratic principles must not tolerate such barbarism. It could be that the authorities decided to eliminate him via gradually deteriorating his living conditions.
When Mr. Gogitishvili told the higher procurator about his case, the latter called Mr. Gogitishvili "a terrorist". Both educated and uneducated procurators should know, that there exists presumption innocence and until a person is not pleaded guilty, he is neither a terrorist, nor a traitor". December 18, 1996.
P.S. As far as we know, after publishing this letter, Mr. Gogitishvili was permitted to shave, cut his finger nails and bathe.
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Mrs. Ineza Tskhvediani-Gamreklidze, living on 69-33 Mshenebeli st., Kutaisi, writes:
"On June 18, 1996, on the territory of a bus station in Kutaisi the policemen (Silagadze, Gobronidze, Babunashvili) beat a salesman. When my husband, Badri Gamreklidze, stood up for the poor salesman, the policemen beat him too. He is the first group invalid, since 1993 he has seminoma. Before this incident his state of health was satisfactory. After severe punches by the policemen his medical condition gravely deteriorated. He needs urgent surgical operation. Despite such a brutal conduct, the policemen are not punished, although several witnesses and medical conclusion #217 confirm the violence against my husband. Among the witnesses there are Mr. Geguchadze, assistant to Mayor, and Mr. Katamadze, the chairman of Control Chamber. Our family is suffering morally, physically and economically ".
January 3, 1997.
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Iago Khutsishvili, a prisoner of Tbilisi Isolator 1, also points out the cases of torture and other rough violations of human rights during the preliminary investigation.
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Kakhaber Chitinashvili, a prisoner of Tbilisi Isolator 1, writes: " I was detained on February 23, 1996, by Signagi regional police. Since the accusation against me are false, I refused to give an evidence. Afterwards, on March 25 I was transferred to Tbilisi Isolator 1, where I stayed for 10 days; then I was taken to Isolator 5. I was pressed there both physically and psychologically. They demanded from me to take three murders and three attacks upon myself. They tortured me for two months. During one of the interrogations, which passed in the study of deputy head of the isolator, I cut my veins. It should be noted, that during my stay at Isolator 5, I met neither with an investigator nor with a lawyer.
After the above-mentioned fact, I was not tortured any more. They took me to Isolator 1, and left there for 3 months. Here, I met with investigator Sekhniashvili; he categorically demanded I gave evidence incriminating me; otherwise, he would make me go back to Isolator 5. The next day he fulfilled his threat.
This time, I was not tortured at Isolator 5. I was only pressed psychologically, threatened that they would push me from the sixth floor of the isolator or torture my family. (It is already a common knowledge that the sixth floor of the Isolator no. 5 has become an area for tortures.) When they lost hope to receive evidences from me, they took me back to Isolator 1, where I am currently staying. The investigator has not produced any evidences, which could prove my guilt.
By the end of November, 1996, my pre-trial detention should have been completed. Though, quite unexpectedly, my lawyer Bezhanishvili was released from his duties. Two days later the investigators L. Sekhniashvili and G. Tediashvili, came to me together with my neighbor G. Sikmashvili. The latter confessed to several crimes and named me as an accomplice. I was quite shocked. The investigators organized this provocation against me to continue my detention.
I consider my imprisonment illegal, and the methods used during the investigation - rough violations of human rights."
December, 1996
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Alexander Gzirishvili, an accused of Tbilisi Isolator 31, writes: " On November 25, 1996, the Court of Saburtalo Region sentenced me to 10 years of imprisonment (Judge Giorgi Tsutsunava). It took three judges 2 years and 8 months to pass the a sentence, while Georgian Constitution limits the term for pre-trial detention to 9 months. The first judge, Tamaz Doijishvili, who considered my charges according to the Article 117 paragraphs I, II-III of the Criminal Code of Georgia, returned my case to the second investigation. The second judge, Avtandil Chachua, who considered my case, rejected it. The third judge, Giorgi Tsutsunava, was forced to sentence me, since my case was signed by the Procurator General of Georgia Jamlet Babilashvili; the latter was deluded by his own investigator Gigi Papinashvili.
During the imprisonment my rights were violated; I was sentenced only on the basis of the false evidences of lying witnesses. I can not believe, that a democratic and civilized state can be built this way."
December 31,96
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We give some extracts from Oleg Ramishvili's, a prisoner of Tbilisi Investigation Isolator 1, statement:"I was arrested on March 6, 1995, by Chokhatauri regional police. A trial was held in Chokhatauri and the case was returned for additional investigation. On August 29, 1995, I was transferred to the Tbilisi Central Board of Internal Affairs. Investigator Vazha Arobelidze forced me to confess to crimes I had not committed, specifically admit to participation in the robbery of some Stepaniashvili's apartment. I was severely tortured and my rights were roughly violated at the Central Board. The policemen roughly violated the judicial procedure as well. In particular:
My lawyer V. Mosiashvili solicited the judges, which would reveal that investigator Arobelidze invented "evidences"against me. However, Judge Dgebuadze refused to ensure these solicitations. I declared a dry hunger-strike and demanded to leave the court-room. This demand was immediately satisfied by the judge. Neither my lawyer nor I have participated in the discussion on March 21, 1995 when I was sentenced to 14 years of imprisonment. The Supreme Court discussed my case by cassation order and my sentence was not validated. It was returned to Rustavi Court for repeated conviction to investigate violation of the judicial procedure.
During the second trial I proved my innocence. The judge was afraid, that in the case of my discharge my illegal imprisonment would have been revealed; that's why he sent my case to additional investigation (the judge must have thought: "If I release him, they will think, that I have taken a bribe").
The case was returned to the same investigation department, where the preliminary investigation was conducted. Now, Mamuka Abashishvili ( investigator Arobelidze's close friend) was pleading the case. He roughly violated my rights and tried his best to justify the primary accusations brought by his friend. Therefore, I rejected the services by the investigation bodies of Central Department from the very beginning. On November 13, 1996, my lawyer Gocha Chkheidze sent in an application for rejection. The next day Investigator Abashishvili told me, that the investigation was completed without a lawyer. I felt ill and demanded a lawyer. According to the November 20 resolution, investigator Abashishvili released my lawyer Gocha Chkheidze from his duties. In exchange he brought a new lawyer appointed by the state. I refused to receive him; the investigator did not permit my relatives to invite another lawyer.
Hence, neither my lawyer nor I had a possibility to look through the materials of my case. Due to the aforementioned illegalities against me, I applied to higher judicial offices, but in vain. My rights are systematically violated during two years of my illegal imprisonment ".
December 14, 1996
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"A defendant Zurab Tsirkvava was transferred to our cell from Poti Mental Hospital in order to undergo a forensic examination. He is mentally ill. As a rule, such a defendant should be taken to Prisons' Republican Hospital and, after undergoing a judicial-mental examination, sent to an appropriate place. Two months have passed, and Mr. Tsirkvava is still in our cell. His mental state has aggravated; thus, we demand to speed up his mental examination and take him to Prisons' Republican Hospital for undergoing a course of medical treatment".
The prisoners of Tbilisi Isolator 1:
G. Kobesashvili,
Z. Siboshvili,
D. Todua and others
(8 signatures).
January 9, 1997.
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Below, we are publishing a case of human rights violation. Since the author requested not to disclose victim's name and address, we decided to publish this information without any information on the victim's identity.
In 1996, three employees of Nadzaladevi Regional Police visited M.E.'s apartment at night and searched it without any sanction. Though they found nothing illegal, still they took M.E. to the police station. Then the policemen returned to M.E.'s apartment and searched it once again. This time, they "found" a grenade. There were no witnesses invited to supervise the search. M.E. was put under the criminal investigation according the Article 238, part I of the Criminal Code of Georgia, which envisages imprisonment for 3 years or a fine. During two months of imprisonment, the policemen used psychological coercion to force M.E. bring them several thousands of dollars. When the policemen became convinced that the defendant had no financial possibilities to raise such money, they released him. Soon a trial was held and M.E. was sentenced to 1,5 years of imprisonment on probation. The defendant's lawyer appealed against this decision but the urban court repealed the sentence.
The accused was discharged on the basis of the Article 6 of the Criminal Code of Georgia. According to this article, the court has the right to pass a verdict of "guilty" without application of a punishment, if it considers that "by the end of consideration of the case a crime committed by a person has lost its dangerous character and a person himself/herself is no longer poses a threat to the society."
As far as this article does not envisage acknowledging the innocence of the accused, the latter is deprived of the rights for compensation of his moral or material damages.
M.E. himself is quite satisfied with his discharge and categorically refuses to struggle for proving his innocence. He is afraid the police will sabotage him again by planting narcotics or weapons in his apartment. The policemen warned him that if he began to struggle for his financial or moral compensation, they would put him in prison again. Such cases are frequent in current Georgia. All too often policemen manage to extort money from defendants. As to the above-mentioned case, the policemen obviously had false information about M.E.'s financial assets, they could not have gotten any money from poor detainee. The procurator and the judge said to M.E.'s lawyer: "You are absolutely right but there is nothing we can do. We would rather have to deal with you, than with police". Luckily, they appeared honest enough not to sentence an innocent person.
If anyone is interested in the above-mentioned case and will guarantee M.E.' confidentiality, we can give full and detailed information about his case. The above-mentioned illustrates that although there still are honest people in the law-enforcement bodies of Georgia, those violating human rights and civil liberties dominate.
The Former Political Prisoners for Human Rights