The Department to Investigate Offenses Committed in Course of Legal Proceedings of the Chief Prosecutor’s Office of Georgia has made a decision to review judgements on conviction of 14 unlawfully convicted persons. 

According to the statement released by the Prosecutor’s Office, the case concerns a special operation carried out by the Department of Constitutional Security without any legal grounds back in September 2006, as a result whereof, a large-scale unlawful arrests of the members of the political parties - ‘21st Century – Language, Homeland, Religion’, ‘Justice’, ‘Hope’ and Constitutional Monarchist Party, - which was followed by their unlawful convictions.

“By the Judgement of Tbilisi City Court date August 24, 2007, members of the coalition party: Maia Nikoleishvili, Zaza Davitaia, Gela Archuadze (by the resolution of the Parliament of Georgia dated 05.12.2012, was recognized as a politically persecuted person), Teimuraz Zhorzholiani, Maia Topuria, Kakhaber Kantaria, Ramaz Samnidze, Revaz Bulia, Guram Papukashvili, Giorgi Akhobadze, Giorgi Metreveli, Varlam Galdava, Iakob Kvinikadze and Vakhtang Talakhadze were found guilty of conspiracy to change the constitutional form of government of Georgia by violence.

A repeated comprehensive and objective investigation had been conducted into the aforementioned case, new witnesses had been interrogated, dozens of investigative and procedural actions had been carried out, case files had been studied, new evidence and facts had been collected, whereupon the investigation obtained a set of irrefutable evidence, which completely excluded the fact of the persons having committed the crimes they had been convicted of.

Renewed investigation revealed that the defendants were tried because of political vendetta. In particular, leaders of the aforementioned political parties organized permanents mass protests against the government at the time in various regions of Georgia in 2005-2006, where they sharply criticized the government because of the scandalous cases of Sandro Girgvliani, Zurab Vazagashvili and so on.

As the political movement and protest waves became stronger, high officials of the Department of Constitutional Security planned an illegal special operation, during which law enforcement officers arrested 13 members of the political movement while brought charges against one in absentia. According to the accusations, members of the coalition political parties gathered at the office of the political alliance ‘Justice’ at 24 Rustaveli Avenue, Tbilisi, in May 04, 2006, and there they allegedly elaborated an action plan, according to which protests involving thousands of people were to be held that would turn into an armed uprising. For this purpose, the member of the Political Party ‘Justice’ Kakhaber Kantaria allegedly illegally kept a firearm and explosives in his own house.

In fact, according to the renewed investigation, as well as according to the statements given by former officials of the Department of Constitutional Security, it was revealed that large amounts of firearms and ammunition seized from the cellar of Kakhaber Kantaria’s house had been brought and stacked there by law enforcement officers themselves; it was also established that, false witnesses found by the Department of Constitutional Security, who did not have any connection with the case, provided false statements regarding the alleged secret discussion of the defendants only after law enforcement authorities threatened them, coerced them or gave promises of material benefits in return of the statements. 

Evidence obtained in the course of repeated investigation into both cases confirmed that the criminal acts of which the convicts had been deemed culpable never occurred, therefore, Prosecutor’s Office has issued decrees regarding violation of the both convicts’ rights, on the basis whereof we apply to Tbilisi Court of Appeals to review judgments due to the newly revealed circumstances. Regarding the law enforcement officers exposed of falsification of evidence and coercion on witnesses decision will be made after the investigation is concluded.

The process initiated by the new Department created in the Office of the Chief Prosecutor of Georgia concerning the review of convictions handed down against wrongfully convicted persons and reinstatement of their violated rights, shall have an irreversible nature. In this regard, active investigations into the gross violations of the rights of convicts are being conducted by the new Department of the Prosecutor’s Office”, says the statement. 

http://www.interpressnews.ge/en/justice/90005-prosecutors-office-to-review-cases-of-14-unlawfully-convicted-persons.html?ar=A