The Tbilisi City Court delivered the verdict on July 31, after five months of trial, involving questioning of over 150 prosecution and defense witnesses.
Although Akhalaia has been acquitted of all charges facing in this trial, he still remains in detention as he is standing trial into separate, unrelated cases.
Akhalaia’s lawyer Malkhaz Velijanashvili solicited to declare the evidence provided by the prosecutor non-disputable. He acknowledged every evidence presented by the prosecutor at the court were non-disputable except the resolution on finding him guilty and initial verdict submitted to the court. It means, if the solicitation is upheld, the court hearing will finish soon and the verdict will supposedly be passed before presidential election (October 27, 2013).
Akhalaia was arrested in early November, 2012 and initially charged with “exceeding official powers” involving an allegation of abuse of soldiers in October, 2011 when he was the defense minister.
He was then charged with “illegal deprivation of freedom” involving an allegation of beating a man and then holding him in illegal confinement for several hours in September, 2011.
Under the torture charges, which were added against Akhalaia in mid-November, he was accused of inhuman treatment of more than dozen of army personnel in February, 2010 when he served as defense minister.
Apart of Akhalaia seven other co-defendants were standing trial into these cases, including former army chief of staff Giorgi Kalandadze, who was also found not guilty.
Other co-defendants were also fully acquitted; only exceptions were former commander of the 4th infantry brigade Zurab Shamatava and former army sergeant Alexandre Gorgadze, who were found guilty of physically insulting soldiers in one case each; both were sentenced to 140 hours of community work, but they were exempted from this punishment because of the amnesty act passed by the Parliament in December.
Bacho Akhalaia is also standing trial into separate case involving charges related to torture, inhuman treatment and abuse of power into the case of alleged mistreatment of seven special task force servicemen in August, 2012 when Akhalaia served as interior minister. The trial is still ongoing.
Akhalaia was also charged with abuse of power involving allegations that he beat up several inmates when he served as prison system chief in March, 2006, which led to a riot in the Tbilisi prison No.5 that claimed the life of seven inmates.
Akhalaia denies charges in both of these cases, like he was denying charges into those cases in which he was acquitted on August 1.
Few hours after the verdict was delivered, President Saakashvili received in the presidential palace in Tbilisi former chief of army staff, Giorgi Kalandadze, who was acquitted, and welcomed the court verdict as a “restoration of justice, although with delay.”
In a live televised meeting President Saakashvili told Kalandadze: “I had no doubt whatsoever that you all were innocent. I said it nine months ago when I met you here, but it is regrettable that patriots like you and like those others who were acquitted today had to waste your time [on trial].”
Chairman of the Parliament Davit Usupashvili also responded to Bachana Akhalaia’s non-guilty verdict; he said even if Akhalaia was found guilty, the president would more likely have pardoned him.
Part of politicians claim Bacho Akhalaia was not found guilty because the prosecutor’s office was weak. Leader of the parliamentary majority Tina Khidasheli said the court verdict does not mean that Bacho Akhalaia was innocent. It means the prosecutor’s office failed to prove the offense.
“I will refrain from evaluating the court judgment not to repeat the past experience [of the previous government]. It proves that we are progressing in making the judiciary independent. It is nice that court acts so but it is bad that prosecutor’s office cannot prove the guiltiness in such a grave offence,” Tina Khidasheli said.
Chairwoman of the Human Rights Committee of the Parliament Eka Beselia got interested in Judge Giorgi Darakhvelidze, who was involved in Akhalaia’s case.
“I am not speaking about Akhalaia’s court hearing but Judge Darakhvelidze, who was chairman of Senaki district court before elections and arrested activists of the Georgian Dream for election posters, could not be impartial person. Was he moved to the Tbilisi City Court on purpose or by chance?” Eka Beselia asked question on her Facebook page.
Minister of Justice Thea Tsulukiani said non-guilty verdict on Bacho Akhalaia proved that court is free from the influence of prosecutors; however, she added that the process has not finished; there are senior judges of the first instance of the judiciary system in Georgia, who have more competence and experience.
“As far as I know, there is plenty of evidence obtained during investigation process in the case materials and they prove the accusation. Prosecutor’s office will definitely appeal the verdict and they will be more stubborn in supporting the accusation,” Thea Tsulukiani said.
Chief Prosecutor’s Office of Georgia released statement on the same day and noted that after the court passed verdict, the prosecutor’s office decided to appeal it.
Next trial is scheduled on September 9, 2013.
