Court of Appeals Renders Not Guilty Verdicts for Two Convicts on the Basis of the Motion of the Prosecutor’s Office

2017-06-09 13:27:04

Tbilisi and Kutaisi Courts of Appeals have rendered not guilty verdicts in two cases for convict Tsotne Gamsakhurdia and convict Shalva Shalikashvili on the basis of the motion filed by Department to Investigate Offenses Committed in the Course of Legal Proceedings of the Chief Prosecutor’s Office of Georgia.
The New Department made a decision to review judgements about convict Tsotne Gamsakhurdia on November 24, 2016, and about convict Shalva Shalikashvili On January 27, 2017, on the basis of Article 310(g1) of the Criminal Procedure Code of Georgia after the amendments had been made to the same Code. Prior to the aforementioned decision, a comprehensive and objective investigation had been repeatedly conducted into the 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 the irrefutable evidence in each case, which completely excluded the facts of Shlava Shalikashvili committing rape and Tsotne Gamsakhurdia giving bribe to the inspector inside the penitentiary facility.
According to the conducted investigation, Decision of Tbilisi City Court dated May 23, 2017, and Decision of the European Court of Human Rights dated September 15, 2017, confirm that investigation administered toward Tsotne Gamsakhurdia had been biased and non-objective. It is established that in the period of serving his sentence in N18 Correctional Facility, Tsotne Gamsakhurdia frequently expressed his protest regarding violence against prisoners, which resulted in the annoyance among senior officials of the Department of Corrections. Consequently, for the purpose of exemplary punishment, in accordance with the scenario pre-staged by senior officials of the aforesaid Department, a provocation was arranged against Tsotne Gamsakhurdia in the custodial facility. Specifically, a prison officer offered him taking correspondence from prison, and, in exchange therefor, he took money reward from Gamsakhurdia’s family. On the count of the aforesaid, Tsotne Gamsakhurdia had been prosecuted for bribe-giving – crime punishable under Article 339 §2 of the Criminal Code of Georgia, and, by the Judgement of Tbilisi City Court Dated February 28, 2017, was sentenced to deprivation of liberty for a term of 5 years in length.
Therefore, it has been confirmed, that there were signs of provoked offence and fabrication of the material of criminal case toward Tsotne Gamsakhirdia, on which his unlawful conviction was based upon. Following from this, Tbilisi Court of Appeals exonerated the convict in bribe-giving charge and delivered the verdict of not guilty.
Investigation conducted and Decision of Kutaisi Court of Appeals dated June 07, 2017, confirmed that Shalva Shalikashvili was tried by Poti City Court on July 31, 2008, on the basis of fabricated evidence and perjury of 12-year-old victim, was sentenced to deprivation of liberty for a term of 15 years and he has been serving his sentence for 9 years. After delivering the not guilty verdict, Shalva Shalikashvili was released from the courtroom.
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. By now, due to newly revealed circumstances, Department to Investigate Offenses Committed in the Course of Legal Proceedings of the Chief Prosecutor’s Office of Georgia has applied to the Court of Appeals regarding the cases of 23 convicts, 8 persons wherefrom have already been exculpated.