lawyer. On 8 July 1994, the court appointed a new
lawyer, Mr. G. Kapanadze, who was given until
29 July to study the files. Although not refusing the
assignment, the lawyer publicly spoke about the lack
of trust of Mr. Tsiklauri in him, and that by
consequence, he was in fact left without defense. He
made it clear that he was not refusing out of fear to
be dismissed. On 9 February 1995, the lawyer stated
in court that the accused did not want him as his
lawyer, that he had no contact with him, and that he
had a right to choose his counsel himself and to
refuse an advocate even at this stage of the
proceedings. He stated that the decision of the court
to refuse him the lawyer of his own choice violated
his rights.
organizations that he was subjected to torture. He
states that he made statements in court, and also to
Human Rights Watch/Helsinki and British Helsinki
Human Rights Group. He further refers to a report
on torture in Georgia and Batiashvili's statement on
national television of 17 August 1992, plus a
newspaper article of 27 August 1992 and an
interview with the British Human Rights Helsinki
Group. Mr. Tsiklauri also refers to his statement to
the medical expert on 18 August 1992, which is
apparently reflected in the case file, that he was
severely beaten by unknown people on
7 August 1992. He further refers to a letter from the
KGB to the Prosecutor's Office, in which the KGB
states that the statement made by Batiashvili on
August 17 was based on a meeting that same day
with Tsiklauri in the preliminary detention cell when
Tsiklauri claimed that he had been beaten and then
tortured by unknown people with boiling water. He
also refers to testimonies given during the court
hearings
by
Gedevan
Gelbakhiani,
Gela
Mechedilishvili and Gia Khakhviashvili, all attesting
to the fact that he was tortured.
13.10 In this connection, Mr. Tsiklauri states that it
was the Court itself that was delaying the trial,
whereas the defendants were demanding a timely
trial. According to him, the judge did not consider
any of the defendants' lawful demands, created
stressful situations and violated the law openly. The
judge is alleged to have said that the law was written
for normal court hearings, not for abnormal ones. It
is alleged that the courts in Georgia are not
independent but subordinate to the government. In
this context, reference is made to statements by the
president of the Supreme Court in Georgia.
13.7 Mr. Tsiklauri states that after the appearance
of the KGB boss on television, a Special
Commission was formed to investigate. He states
that his state of health was serious, that he had
multiple bone fractures, and that he had partially lost
speech. He adds that he was not transferred to the
prison hospital until he had signed false testimonies.
Afterwards, during one of the regular interrogations
in presence of his lawyer, he denied the statements
that he had given under torture.
13.11 Mr. Tsiklauri states that he never violated any
court order during the trial and that there was no
reason to send him away. He states that the judge did
not want him present because he did not want to
satisfy his lawful demands. He states that the
incident when they all turned their backs to the judge
happened when the judge had decided to send one of
the defendants out of the court room, since he had
requested special assistance because he was
suffering from impaired hearing caused by torture.
All the defendants were then removed by the judge.
After three months they were again allowed to
follow the hearing in court, but the judge continued
to deny lawful requests from the defendants.
Mr. Tsiklauri states that he was then removed from
court for a 'cynical smile'. He was not allowed back
in, and therefore had no opportunity to defend
himself.
13.8 Mr. Tsiklauri maintains that he did not have
access to all the materials in the case.
13.9 Mr. Tsiklauri states that he was left without a
defence at the beginning of his detention, and that
only in October 1992, he managed to hire a lawyer.
On 22 March 1994, he requested the court to allow
his wife, Nino Natvlishvili, to become his legal
representative at the hearing. This was rejected by
the court, because she would need additional time to
get acquainted with the materials of the case which
would delay the trial. When Mr. Tsiklauri said that
no additional time was needed, the Court still
refused to accede to his demand. On 4 April 1994,
the lawyer Nizharadze, who was told by the court to
continue the defence of Mr. Tsiklauri, put a motion
asking to be released from his duty to defend
Tsiklauri, since the agreement between him and the
defendant had been annulled. The Court refused,
according to the author in violation of the law, and
the lawyer told the court that he could not defend
him against his will. Then the judge wrote to the Bar
Society, informing them that he had refused the
order of the court to take up the defence of Tsiklauri.
He was subsequently expelled from the Bar, with the
consequence that he can no longer practice as a
The case of Mr. Gelbakhiani
14.1 The State party submits that Mr. Gelbakhiani
was convicted of banditry, preparation of terrorist
acts, preparation of diversionary acts for the purpose
of weakening the Republic of Georgia, and of the
wilful murder of several individuals and of
attempted murder in aggravating circumstances. He
was sentenced to death. On 25 July 1997, his
sentence was commuted to 20 years' imprisonment.
14.2 The State party rejects Mr. Gelbakhiani's
claim that he was convicted for his political opinions
149
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