The undersigned NGOs express serious concern over the events that unfolded around Mr Gia Gorgadze on February 7.
The facts touched upon in this statement must be immediately and thoroughly investigated so that the alarming information of pressure exerted by law enforcement authorities upon this key witness would be effectively reacted upon. We also would like to remind the authorities that they do not have right to forcefully present a person for interrogation without prior permit of a judge and call upon them to strictly follow requirements of the law. In addition, these facts once again illustrate how the existing mechanisms of interrogation of witnesses can be abused by the law enforcement. It has to be noted that enactment of the new rule of interrogation of witnesses – when it would only be possible to conduct the interrogation in court – was postponed for two more years due to insistence of the law enforcement agencies.
Mr Gorgadze reportedly contacted lawyer of Mr Bachana Akhalaia, Mr Giorgi Oniani as well as Mr Akhalaia’s wife Ani Nadareishvili on February 7 and requested a meeting. According to Mr Oniani and Ms Nadareishvili, Mr Gorgadze had informed that he had been forced to testify against Mr Akhalaia and wished to inform the media and the public on this matter.
Immediately upon arrival to the press conference scheduled for 4pm of the same day, Mr Gorgadze was forcefully taken away by the law enforcers. As a result, the press conference could not be held. The investigative agency involved claimed the reason being that Mr Gorgadze “was at large in his family.”
According to media reports, Mr Gorgadze spent next five hours in the Chief Prosecutor’s Office. The latter then stated that his delivery was caused by the necessity to question Mr Gorgadze on the fact of “his own disappearance.” It has to be mentioned that a lawyer from the Georgian Young Lawyers’ Association – who was waiting outside for three hours – was not allowed access to Mr Gorgadze. The Prosecution claimed Mr Gorgadze himself refused the services of the lawyer. It is our belief, however, that in such cases lawyers should be granted access and the client’s personal refusal would have generated less question marks.
As Mr Gorgadze emerged from the interrogation, he made statements in direct conflict to content of his planned press conference.
This is not the first instance in which Georgian NGOs protest conduct of the law enforcement agencies. They – again – have no legal right to forcefully interrogate anyone without prior court permit. The Chief Prosecutor’s Office is now trying to mislead the public and present forceful presentation of a person for interrogation as a usual norm of the law – which it is not. The argument that the forceful delivery of Mr Gorgadze to the Chief Proseutor’s Office (which was clearly illegal) was caused by his alleged disappearance is not convincing. The above facts generate a reasonable doubt that the conduct of the law enforcement agencies aimed at Mr Gorgadze not informing the public on pressure exerted upon him during prior interrogations.
Georgian Democracy Initiative (GDI)
Transparency International – Georgia (TI)
Article 42 of the Constitution (Article 42)
