1992, he was taken from his mother's flat to the
KGB for 'conversation'. His family was not informed
of his whereabouts. On 17 August 1992, the head of
the KGB, Mr. Batiashvili, appeared on national
television and announced his resignation, because of
the maltreatment of Mr. Tsiklauri.
12.2 The State party submits that a warrant for
Mr. Tsiklauri's arrest was issued on 1 August 1993,
and he was arrested on 7 August 1993. According to
the State party, he was not covered by the
declaration of amnesty of the State Council, since
that only applied to those involved in the assault on
and occupation of the Georgian Radio and
Television building in Tbilisi on 24 June 1992.
13.2 Mr. Tsiklauri maintains that he saw his arrest
warrant only a year after his arrest when the
preliminary investigation was coming to an end and
he was handed the materials of his case. He claims
that the information in the warrant, which was dated
1 August 1992, such as date of birth, address and
marital status, did not coincide with the real state of
affairs. He further states that the warrant was for
actively participating in preparation of the military
coup of 24 June 1992, and for keeping weapons and
explosive materials. He states that, according to the
material in the case file, the official charges against
him date from 20 August 1992, and do not
correspond to those mentioned in the warrant.
12.3 The State party submits that the court did not
accept Mr. Tsiklauri's claim that he had been
subjected to physical and mental duress during the
preliminary investigation, since neither Mr. Tsiklauri
nor his lawyer had mentioned this during the
investigations. The interrogations were conducted in
the presence of a lawyer and Mr. Tsiklauri wrote his
confessions in his own hand and signed the records of
the interrogations as adequate. Furthermore, the State
party submits that during his detention Mr. Tsiklauri
was visited by representatives of international
organizations, to whom he did not affirm that he had
been put under any kind of pressure. Moreover, the
Prosecutor instituted criminal proceedings in
connection with Mr. Tsiklauri's injuries and a full
inquiry was held, but the case had to be dropped for
lack of evidence. According to the State party, it was
established that he had leaped from a vehicle that had
transported him.
13.3 He maintains that the crimes he was charged
with, of which he denies any knowledge, were
covered by the amnesty of 3 August 1992, which
read, according to him:” ...10. Proceeding from the
supreme interests of unity and concord, persons who
have taken part in the actions against the authorities
of the Georgian republic since January 6 of the
current year shall be freed from criminal charges as
long as they have not committed serious crimes
against peaceful population... 12. The participants of
the adventurist coup attempt on 24 July 1992 shall
be exempted from criminal charges committed by
them against the country and people.” Mr. Tsiklauri
thus confirms that the charges against him were
covered by the amnesty.
12.4 The State party submits that Mr. Tsiklauri was
given a copy of the indictment in accordance with
the law. Once the preliminary investigation was
over, Mr. Tsiklauri and the other accused, together
with their lawyers went over the files. The State
party notes that the applications submitted did not
mention the need to consult additional material.
Before the trial, Mr. Tsiklauri requested to consult
the case files, and the court agreed and made files
and records such as were available at the time
accessible from 13 October 1993 to 6 January 1994.
Trial proceedings were suspended for this period.
13.4 Mr. Tsiklauri denies that his injuries were
caused by falling out of a car. He states that the
investigation into the cause of the injuries was done
by the same people who were investigating the
criminal charges against him. He denies that he ever
tried to escape by jumping off a car, and states that it
is a lie that he burned a third of his body by dropping
hot tea he was drinking. He further states that this
could easily have been established if there would
have been a court hearing into his case.
12.5 The State party maintains that Mr. Tsiklauri
enjoyed an unrestricted right to defence throughout
the preliminary investigation and the judicial
enquiry. He was afforded the opportunity to select
his own counsel. Mr. Tsiklauri chose to be defended
by T. Nizharadze, from 21 September 1992 onwards.
On 6 January 1994, he requested that his wife,
N. Natsvlishvili, be admitted as additional defence
counsel and be allowed to consult the case files. The
court, considering this a deliberate attempt to delay
the trial, denied the application and the trial
continued with Nizharadze as defence counsel.
12.6 With regard to Mr. Tsiklauri's claim that the
trial was held in his absence, the State party refers to
its explanations in the case of Mr. Domukovsky (see
para. 10.11)
13.5 Mr. Tsiklauri further states that, with
exception of the confessions as a result of torture, all
testimonies given during the presence of his lawyer
deny guilt of the charges. He states that the court
never bothered to check whether the testimonies in
the preliminary investigation were indeed given by
him. He further explains that, because he was not
allowed to be present during the court hearings, he
was unable to give testimony, interrogate witnesses
and present the proofs of his innocence.
13.1 In his comments on the State party's
submission, Mr. Tsiklauri states that on 7 August
13.6 He further challenges the State party's remark
that he has never told representatives of international
148
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents