05 May, 2011

Authorities don’t feel guilty and are not going to start reinvestigation

Justice has triumphed! The European Court in the case ‘Enukidze and Girgvliani vs. Georgian State’ passed sentence in Girgvliani’s favor. The  authorities declare that there will be no reinvestigation of the case but the Girgvliani family members and lawyers are sure that sooner or later Sandro Girgvliani’s case will be investigated and not only the perpetrators of the crime who were pardoned by the President will return to jail

but  the promoters of assassination as well.

We’d like to remind you that several years ago Sandro Girgvliani was found dead under strange circumstance. Traces of physical insult and torture were found on his body. People close to the deceased, politicians and some NGOs functioning in Georgia accuse in assassination employees of Interior Ministry and directly the Minister of Home Affairs and his spouse. After Girgvliani’s death his mother Irine Enukidze also died.
Excerpts from the European Court verdict


‘The evidences prove that before his death Sandro Girgvliani was birched on the upper part of the body and multiple wounds inflicted by a sharp object, presumably by a knife, were found on different parts of his body. As attested by prosecutor and law enforcer bodies the death was caused by the action of four high-ranking officials. The only conclusion from the two logical facts is that the culprits first birched Sandro Girgvliani at Oktokana cemetery, that already indicates at inadequate attitude towards him, and besides, at least one person from the group began inflicting wounds by unidentified sharp object…
The court is also moved by the fact that the public prosecutor’s office couldn’t manage to cast light on the circumstances that Sandro Girgvliani’s body was inflicted by a sharp object, especially around the throat.
Despite serious indications the investigation only accepted the explanation from the accused that they didn’t use a sharp object and presumably Sandro Girgvliani could be inflicted by the wounds when climbing over a barbed wire fence or in case of falling into thorny bushes.
The court is indignant at the circumstances that the assassins were sentenced to only 7-8 years of imprisonment and this fact once again aggravates the probability of inadequacy of the Georgian side because the crime was committed by functionaries thus the method of punishment should be stricter.
…The Court is indignant at the fact that on November 24, 2008 the Georgian President pardoned the functionaries and cut down their term by half. The fact of their releasing on September 5, 2009 is even more appalling…’
Tina Burjaliani, Deputy Minister of Justice explained that the State is ready to pay EUR 50 thousand for the benefit of the sufferer as assigned by the Court but it won’t reinvestigate the case. In internet forums and social webs this declaration was assessed as inadequate and even more, she was called an ET.
Shalva Shavgulidze (the Girvliani lawyer): ‘The verdict quite vividly says that the Court is indignant at the actions perpetrated by different branches of authorities in order not to let justice be administered. Exactly on this ground the case must be reinvestigated. We required recognition of violations of Convention according to four paragraphs: paragraph 2 – violation of the right to life, paragraph 3 – prohibition of torture; absence of effective means of defense as envisaged by paragraphs 6 and 13.
The verdict says that the Court recognizes infringement of the rights envisaged by the above mentioned paragraphs, i.e. the Court shares our positions. But in the procedural part all the mentioned infringements are assessed as those of violation of right to life.
Besides, the authorities supplied the Court not with the full version of video tape but its 68-second section. In the verdict it is indicated that the proof provided by the authorities is not full-fledged, it’s falsified as the written evidence and video tapes don’t coincide (for instance, Bukhaidze’s evidence that among the culprits he recognized Melnikov was not reflected in the script).
Guram Girgvliani, Sandro’s father: ‘Sooner or later the case will be reinvestigated and not only the perpetrators, who were set free due to the shameful presidential pardon, will go back to prison but the promoters as well. Burjaliani lied shamelessly. She said the Strasbourg Court acquitted the State. It’s casting of a mist before the people’s eyes. Has any Court ever ruled financial sanctions to the party acquitted after the trial?

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