From Tea Khurtsilava
Once more on October 27 Tsotne Gamsakhurdia, middle son of the late first President of Georgia became a victim of the Georgian Criminal Police. For now he was charged of illegal purchasing, keeping and carrying weapons and attempt of intended murder. He was sentenced two months of imprisonment as a preliminary measure. He is accused of assault causing physical harm to Davit Bajelidze after having conflict with him. According to the expertise, gunpowder was detected on Tsotne Gamsakhurdia’s hand. Besides, the investigation relies on the testimony evidence given by the neighbor proving that Gamsakhurdia has wounded Davit Bajelidze. Tsotne Gamsakhurdia strongly denies the charges against him and demands his immediate release from prison. He claims his innocence and has been protesting his unlawful imprisonment with hunger strike since the day of his arrest. He declared a dry hunger strike few days ago.
The attorney of the accused, Keti Beqauri appealed against Tsotne Gamsakhurdia’s two month pre-trial. Judge Manuchar Kapanadze denied the appeal and reinforced October 30th 2009 Tbilisi Civil Court’s decision. Keti Bekauri petitions to the court to nullify the decision of the Bureau for Criminalist Expertise of the Ministry of Internal Affairs and the decision of Gogia, Independent Criminalist Expert. Keti Beqauri explains:
“In compliance with the rights granted to me as to the lawyer I attempted to revise the decision. I applied to the Bureau for Independent Criminalist Expertise in order to get written opinion on the chemical expertise put by the Investigation Bureau of the Ministry of Internal Affairs. The high professionalism and impartiality of the Bureau I referred to cannot be put under suspicion. The bureau concluded that gunpowder was not detected and moreover, chemical expertise on Tsotne Gamsakhudria was not carried out in compliance with the law. The fact that the expert who carried out the expertise does not have high education in Chemistry and is a Jurist deserves mentioning. The Independent Expert concluded that instead 9 tests only 4 were done and it puts the conclusion under suspicion. According to the Investigation, Tsotne Gamsakhurdia had a gun in his right hand when firing Bajelidze. The only testimony evidence to prove it has been given by the neighbor Raisa Saidova. She proved to be the only eyewitness. As known, she is influenced by personal motives towards Gamsakhurdia’s family. If her proof is sufficient a bigger amount of gunpowder should have been detected on Gamsakhurdia right hand. Contrary to that, expertise concluded that the same small amount of gunpowder was detected on the both hands of the detainee. Thus, I request to interrogate the expert.”
Beqauri requests to put the expertise conclusion under suspicion and to ensure that the chemical evidence is considered invalid. The attorney petitions to the court for interrogating the wounded Davit Bajelidze. As the attorney states, Bajelidze undergoes medical treatment at home for 4 days and has not been interrogated until now. “The victim has not been questioned until now. Though, the Investigators have obtained the interrogation record of his doctor. As the doctor states Bajelidze was hospitalized on October 27 and before surgery he remained absolutely conscious. When asked about the accident circumstances, he replied he knew nothing. Bajelidze does not accuse Gamsakhurdia. Police interrogated his brother, who said that they have been friends and denied his brother’s involvement in any kind of conflict. Thus, Gamsakhurdia’s arrest is unlawful. I believe there is someone who just needs him to keep behind bars.”
- Ms. Keti, could you explain who the one is – who needs him to keep imprisoned? The fact is that Bajelidze has been wounded and hospitalized and Gamsakhurdia was hospitalized shortly afterwards. You mean it is nothing but a pure coincidence?
I can’t definitely say. The facts suspiciously coincided. I think that’s a provocation. There is someone who urgently needed to isolate Gamsakhurdia, and made huge juridical mistakes on his way. When the samples were taken for testing, Gamsakhurdia had not been accused; moreover, he had not been questioned even as an eyewitness. The samples were taken at 7.30 pm and Gamsakhurdia was interrogated at 10.30 pm as a witness. Only this fact makes all the proofs invalid. As the expert defines, NO² trace cannot be considered sufficient evidence as this chemical is widely spread and can be detected on any shirt after having it on for an hour. If you touch a roast pork the chemical will surely be detected on your hands. However, no matter chemicals have been detected or not: the investigation can’t prove the reason why Gamsakhurdia should have fired his friend. The accusation record generally assumes that conflict occurred between them. I request to immediately interrogate Bajelidze.
- Gamsakhurdia was charged of espionage for Russia and of wounding a young man, he has been released on bail. Obviously he will be charged with all these crimes and he will be sentenced to many years of imprisonment.
Gamsakhurdia would be charged on a criminal offense for now. He was charged as a political prisoner before. Since then he remained at Kolkhian Tower, he almost didn’t leave the area. As a law-abiding citizen he patiently waited for the Court Assembly’s decision. While he was on his way home, unidentified suspect approached Gamsakhurdia from behind, attacked him with a solid object, causing Gamsakhurdia head injury. The attack caused a closed brain damage, under skin wounds, traumatic brain injury. As a result Gamsakhurdia lost consciousness and was hospitalized. He should be freed from the absurd charges of intended murder and illegal purchasing/keeping, carrying firearms. If decided otherwise he will be charged of a “bouquet” of crimes – it will be remembered is son of Zviad Gamsakhurdia. I do not really know who is going to take advantage of all these, who is going to take revenge on Tsotne, while he abides law. Police are perfectly aware that Gamsakhurdia is a law-abiding person, the 3 Police Department is located nearby and they know about his activity in details. His condition is worsened. He remains under medical supervision, though the police refuses to hospitalize him. Tsotne Gamsakhurdia claims his innocence and protests his unlawful imprisonment with hunger strike. His has high blood pressure.
Exclusive Interview with Tsotne Gamsakhurdia:
- You plead not guilty. You are innocent. Though what is the reason you have been arrested? Could you evaluate the fact of your arrest?
It’s obvious someone seems unhappy with my freedom – the authorities are, I suppose.
- Did you have any conflict with Bajelidze before?
We are close friends and neighbors. Our families know each other and we have never had any conflict.
- You had a brain injury and you were hospitalized the same day your friend was fired. Please, tell us the details.
The details are already known to everyone. I don’t think there is any need explain things again. Though… I was on my way home, unidentified suspect approached me from behind, attacked me with a solid object, I lost consciousness. I have 5 stitches on my head. I have described the entire accident in details while being interrogated. I saw a person aged 40 who approached and hit me. I have enough enemies, you know.
- You strongly deny your involvement in this crime, though evidence testimony given by your neighbor exists.
As for that woman, she is our neighbor, my mother made a statement about her. She was born in 1928, she lives alone. She has robbed Kolkhian Tower many times. She has stolen household items, neighbors can prove it. She is influenced with personal motives.
- As investigation concluded the gunpowder has been detected on your hands. In case you are innocent where did the gunpowder come from?
My lawyer can give you a full answer about it. When my defense lawyer familiarized me with the documents of my case, I saw there the photos of my coat. The gunpowder was detected on it. The coat was not on me for several months, was not on me that day. It does not fit my size any more. I believe the coat has been taken by the police the day they conducted a search in my house.
- Do you have alibi?
My truth is my alibi.
- You announced hunger strike since the first day of your arrest. What, in particular, do you demand?
I demand unbiased and objective investigation of the charges placed against me.
Tags: Davit Bajelidze, dry hunger strike, Interview, Keti Bekauri, Michael Saakashvili, Tea Khurtsilava, the European Convention for the protection of human rights and liberties, Tsotne Gamsakhurdia
