Kutaisi Court of Appeals Aggravates Punishment of Rashid Kanji-Oghli, Convicted of the murder of Giga Otkhozoria

2017-03-10 11:18:19

Kutaisi Court of Appeals granted the petition of appeal submitted by Prosecution and aggravated punishment of fugitive Rashid Kanji-Ogli, convicted of murder of Giga Otkhozoria and illegal purchase, carrying and storage of firearm, and sentenced him to deprivation of liberty for a term of 14 years.
Zugdidi City Court found Rashid Kanji-Ogli guilty under Article 108 and Article 236 (2) and (3), and sentenced him to deprivation of liberty for a term of 12 years, on December 26, 2016. The prosecution contested the size of the penalty imposed by the Court and applied to the Court of Appeals to rule a heavier punishment.
The evidence submitted in the court proceedings have proved that on May 19, 2016, at around 14:15, Giga Otkhozoria, driving Opel Astra vehicle, took his acquaintances L.A. and R.K. to the administrative border located in the territory of Samegrelo-Zemo Svaneti and occupied Abkhazia, village Khurcha, Zugdidi district. L.A. and R.K. intended to take products bought for the funeral of their acquaintance to the territory of Nabakevi village located in occupied Gali district. In order to help them, Giga Otkhozoria headed towards the occupied territory through the bridge on the river Khaia. Giga Otkhozoria intended to talk to persons present there to help his acquaintances to move products. Representatives of the militia of the illegitimate government of Abkhazia, deployed at the administrative border, including Rashid Kanji-Ogli - the so-called “border guard”, also engaged in the conversation. The conversation grew into an argument, whereupon, in order to avoid conflict, Giga Otkhozoria headed towards the Georgian-controlled territory of Khurcha village, Zugdidi district. Representatives of the illegitimate government of Abkhazia, including armed Rashid Kanji-Ogli, pursued him and kept threatening him. Having passed a few meters, on the territory of Khurcha village, Zugdidi district, Rashid Kanji-Ogli caught up with Giga Otkhozoria, and, intending to kill him, shot him in lower limbs and abdomen with the firearm. As a result of sustained injuries, Giga Otkhozoria fell to the ground, and, Kanji-Ogli inflicted injury to downfallen Giga Otkhozoria in the head by firing a controlling shot, whereupon, he left Georgian-controlled territory together with the persons accompanying him, and went into hiding in the territory of occupied Abkhazia. Upon being brought to the hospital, Giga Otkhozoria died of the received injuries.
Investigation into Giga Otkhozoria’s murder was launched. On the same day A number of investigative and procedural actions have been conducted on the case, physical evidence has been seized from the scene, 36 witnesses have been interrogated, examinations of various types, including complex trace evidence examination, biological, chemical examination, complex ballistic examination, biological examination and forensic medical examination, have been scheduled. In addition, in the course of the investigation, videotapes have been seized and transcribed, whereon habitoscopy (portrait) examination has been conducted. On May 21, Prosecution brought charges against Rashid Kanji-Ogli in absentia under Article 108 (premeditated murder) and Article 236 (2) and (3) (illegal purchase, storage and carrying of firearms) of the Criminal Code of Georgia. On the basis of the motion filed by the Prosecution Service, detention as the measure of constraint has been applied against Rashid Kanji-Ogli, and, he has been declared wanted on the basis of the respective decision. Zugdidi District Court has found Rashid Kanji-Ogli fully guilty in absentia of the charges filed against him, and, sentenced him to deprivation of liberty for a term of 12 years in length as the type and size of penalty.