The crime considered by the article 332, paragraph 3, subparagraphs “b” and “c” of the Criminal Code of Georgia, the article 1441, paragraph 2, subparagraphs “a”, “b”, “d”, “e”, “f” and article 1443, paragraph 2, subparagraphs “a”, “b”, “d”, “e”, “f” of the same Code.
Bachana Akhalaia has been accused of committing an abuse of power by the political official against the public interest for his or other’s benefit causing the violation of the individual rights, interests of the State and society by committing infraction through violence and abuse of the victim’s personal dignity.
He, also, organized by complicity torture of individuals by treating and creating such conditions for person that cause strong physical, mental and moral suffering considering its nature, intensity and duration and which aims at obtaining information, intimidation and punishment of individuals for the allegedly committed acts; committed by an official through using the official status; against two or more persons; by a group and because of the political views.
He committed organization of a crime by complicity, by conduction of degrading and inhuman treatment, thus humiliation of a person, putting the latter in an inhuman condition which violates honor and dignity of the person that cause strong physical, mental and moral suffering, committed by an official through using the official status against two or more persons; by a group and because of the political views.
Which reflected in the following:
Since July 04th, 2012 until September 20th, 2012, Bachana Akhalaia had been working as the Minister of Internal Affairs thus he had been a political official.
During the period of parliamentary elections the Minister of Internal Affairs of that time - Bachana Akhalaia received information that seven employees of the above mentioned Ministry had been sympathizing with and supporting the coalition of the Opposition parties “Georgian Dream”, then he abused his official power by violating the constitutional rights of the citizens, whose political views he couldn’t accept and for political reasons, because of their civil position, organized punishment and torture, degrading and inhumane treatment of them.
In particular, on August 18th, 2012, the Minister of Internal Affairs – Bachana Akhalaia learned that the employees of the First Division of the Special Tasks Department Teimuraz Palavandishvili, Zaza Pantskalashvili, Mamuka Zhvania, Davit Bagratashvili, Mikheil Edisherashvili, Samvel Bazoiani and Arsen Mkrtumiani were dissatisfied with the existing government and had been sympathizing with the coalition of the Opposition party “Georgian Dream”. Bachana Akhalaia decided to conduct their punishment-torture, degrading and inhumane treatment because of their political views, organized through using his official position.
He ordered to urgently gather the staff members of the First Division. As the response to his order, the former Head of the First Division, Davit Vekua, for the full gathering of the staff on the base of the Ministry of Internal Affairs situated on #10, Police str., Tbilisi, announced alarming situation. By about 21:00 the Minister of Internal Affairs, Bachana Akhalaia, with the companions, arrived at the base. The full personnel of the First Division was gathered on the training arena of the troops. The Officers were led to the hall where Bachana Akhalaia applied to Z. P., humiliated the latter, calling him a traitor, a penguin and verbally assaulted him for his political views, mentioning that there were the records showing the facts of him sympathizing with the coalition “Georgian Dream”.
On the arena of training of the troops Davit Vekua humiliated and put Z. Pantskalashvili, as well as, the other staff members, such are: T. P., A. M., M. Zh., D. B., S. B. and M. E., who also were considered the supporters of the coalition “Georgian Dream”, in the condition violating an honor and dignity. Vekua torn down their shoulder straps and told them that their career was over. Afterwards, Z. P. and T. P. were made by B.Akhalaia to run around the arena of the troops. He assaulted Z. P. verbally once again and ordered Davit Vekua to act further according to their previous agreement.
Early in the morning of August 19, as Bachana Akhalaia continued criminal acts together with Davit Vekua with the common aim and intention, the latter called the aforesaid individuals to his office, called them the traitors and swore dirtily at them. At first, he requested them to write reports on leaving their positions, but later he changed his mind telling them to take officer training courses. On the basis of the order of Bachana Akhalaia, Davit Vekua gathered the staff at the training arena and notified them that by the order of the Minister of Internal Affairs they had to take rangers’ course at Ialghuja Special Operations Training Center, took the above mentioned seven persons out of the line, once again called them traitors and abused verbally. He torn down their badges with a knife and threw them down on the spot, after which he slapped Z. P. and S. B in the face to humiliate them and put them in the condition violating their honor and dignity, besides that, Davit Vekua caused them strong mental pain and moral suffering.
On August 19th, 2012, despite the fact that, that day all the seven staff members were dismissed from their positions by the order of the Minister of Internal Affairs, and were transferred to be at the command of Human Resources Main Division, according to the second order of the Minister of Internal Affairs, issued on the very same day, above-mentioned seven officers along with other thirty-eight officers were taken to Ialghuja Special Operations Training Center by a truck, where at the moment of arrival the seven staff members, who were taken there for the punishment, were separated from the rest of the officers and isolated, where so called instructors, but in reality the former sergeants, Davit Giorgashvili, Robert Sutidze and Vladimer Zangiev, who had their contracts with the Ministry of Defense terminated and who at that moment were civilians, were brought to the Training Centre illegally, with the prior agreement to take part in the group criminal act. They (Davit Giorgashvili, Robert Sutidze and Vladimer Zangiev) removed cell-phones and other personal items from everybody upon the reference of a natural person, the physical training instructor, Davit Chubinidze, who was hired on the contractual basis by the Special Tasks Department of the Ministry of Internal Affairs.
Aleksi Davitashvili found a cell-phone in M. Zh.’s bag for which the Head of the Special Operations Center of the Ministry of Internal Affairs, Mamuka Abashidze and A. Davitashvili severely beat him up, after which all the seven employees were taken for running, but M. Zh., who had been hardly beaten failed to run, as well as, S. B. who fell behind, - because of this the sergeant Lado Zangiev pulled the belt over their necks and dragged them on the road. After that A. Davitashvili, Davit Giorgashvili, Robert Sutidze and Vladimer Zangiev abused all seven employees verbally and led them to the abandoned building situated on the territory of the training base where they were illegally detained for 30 minutes as they were locked there from the outside.
After some time A. Davitashvili led all seven of them out and spurted them with water from the so-called “Karcher” device. At that moment Davit Chubinidze, who was in a drunken condition, accompanied by Davit Giorgashvili, Robert Sutidze, Vladimer Zangiev and several other persons, who were wearing civilian clothing, got there. D. Chubinidze told Z. P. that the latter was the initiator and forced him to tell the truth about who was encouraging him. At that moment D.Chubinidze shot Z. P. in the feet from the Winchester rifle, which was in his hold, after which he (D.Chubinidze ) hit him (Z.P.) with the butt of the firearm in the facial area. He also hit D. B. and A. M. with the Winchester butt in the head and others in the chest.
After that, by the order of D. Chubinidze, Davit Giorgashvili, Robert Sutidze and Vladimer Zangiev humiliated all seven of them and put them in the inhuman condition violating their honor and dignity. They removed their clothes and beat them with belts. Following which other staff members of the center were brought on the spot and were made to humiliate physically the naked and beaten boys, to treat them as the traitors for sympathizing with “Georgian Dream”.
All the seven beaten and tortured staff members were placed in the dug hole and covered over with the soil. After they left, the tortured staff members managed to get out of the hole, following which, A. Davitashvili, Davit Giorgashvili, Robert Sutidze and Vladimer Zangiev continued torturing them. All the seven staff members were taken to the field class, assaulted verbally and beaten with chains and sticks. At that moment Mamuka Abashidze came up to them and notified them that they didn’t get through the psychological course, and Aleksi Davitashvili, Zangiev, Sutidze and Giorgashvili again took the bitten persons to the aforesaid abandoned building, detained them illegally, locked them, and made them to stay there till morning, where they slept on the floor.
On the next day, the seven employees were taken to the tent. Late at night they got visited by Davit Vekua, who beat all the seven of them. Then, he threw the cigarette ashes down on the hand of Z. P. and made him cover his face with it, as well, he singed his (of Z.P.) hair with a lighter. Until September 21st, 2012, the above-mentioned individuals spent all the time at Ialghuja Training Center under the same torturing, degrading and inhuman conditions. During this period Davit Vekua visited the center several times and each time he abused them morally and physically, humiliated them and put them in the condition that violated their honor and dignity.
Several days before they departed from the Ialghuja Training Center, all the seven of them were categorically warned to say as if they got injured during the training, otherwise they were threatened by terrorizing their families. On September 20th, 2012 due to the well known events, Bachana Akhalaia resigned from the position of the Minister of Internal Affairs, after which all the seven persons were taken from Ialghuja Special OperationsTraining Center back to the base of the First Division of the Special Tasks Department by the management of the Special Tasks Department of the Ministry of Internal Affairs.