Department to Investigate Offenses Committed in the Course of Legal Proceedings of the General Prosecutor"s Office of Georgia has decided to reconsider the illegal guilty verdicts against two former convicts, also, on the basis of the decision of the prosecutor"s office, the illegally confiscated plots of land, which are currently on the state balance will be returned to the affected citizens.
As a result of the re-investigation of the cases it was established that in 2008 Simon Guntsadze bought a 1000 sq / m plot of land in Tbilisi from Imereti X1 Ltd., on which a relevant purchase agreement was made. Shortly after the signing of the purchase agreement, this plot of land, along with other plot of land owned by Imereti X1 Ltd., became of interest to law enforcement agencies and in order to cede this property to the state, psychological pressure on them began. By their systematic summoning, by the categorical request for the concession plots of land and a reference to the expected problems in case of refusal, the purpose was finally achieved and the concession of the said real estate in favor of the state was made free of charge.
As a result of the psychological pressure, the partners of Imereti X1 Ltd. and Simon Guntsadze ceded a total of 1000 sq / m of land in favor of the state, of which the area of the land owned by Imereti X1 Ltd was 474 sq / m, and the area of the land owned by Simon Guntsadze was 526 sq / m.
Department to Investigate Offenses Committed in the Course of Legal Proceedings has decided to reconsider the guilty verdicts against two former convicts, Nodar Ambardanovi and Shota Kakauridze. A thorough and objective investigation was carried out on the mentioned cases, new witnesses were identified and questioned, dozens of investigative and procedural actions were carried out, the materials of the investigation and court case were studied, new evidence was obtained, on the basis of which the investigation in each of these cases obtained a collection of authentic evidence, which excluded the facts of any kind of crime committed by the said persons.
On August 31, 2011, the officers of the Shida Kartli Regional Division of the Special Operations Department of the Ministry of Internal Affairs detained Nodar Ambardanovi for illegal purchase and storage of drugs in large quantities. On December 22, 2011, the Gori District Court found Nodar Ambardanov guilty under Article 260, §2 of the Criminal Code of Georgia and sentenced him to 12 years in prison.
As a result of the re-investigation of the cases it was established that no detention protocol, personal or car search protocols were drawn up at the scene of the arrest. The direct witnesses of the arrest were identified and questioned, whose testimony and other factual circumstances of the case revealed that there was a legitimate interest in the arrest of Nodar Ambardanov by the law enforcement agencies. Accordingly, the fact that he possessed drugs was questioned.
As for Shota Kakauridze, He was convicted by the Zestaponi District Court on November 30, 2007 of committing a crime under Article 180 §2 subparagraph “d” and §3 subparagraph “b” of the Criminal Code of Georgia. In court, a plea agreement was signed, he was sentenced conditional sentence for 5 years and a fine of GEL 6,000.
Shota Kakauridze was convicted of misappropriating 53.05% of the shares owned by one of the shareholders of JSC Trans, by falsifying signatures on the documents.
The falsification of signatures on the documents was deducted based on the evidence obtained during the new investigation, including the conclusion of the commissioned examination appointed and received.
A re-investigation of the cases revealed that there were no criminal acts committed by the convicts. The prosecutor"s office has issued resolutions against both convicts on the substantive violation of the right of the convict. Accordingly, the Prosecutor"s Office appeals to the Tbilisi Court of Appeals to reconsider the sentences due to the newly revealed circumstances.
As a result of the work of the Department to Investigate Offenses Committed in the Course of Legal Proceedings of the General Prosecutor"s Office of Georgia, the court was appealed with the motion of reconsideration of the sentences due to the newly revealed circumstances, in the case of 83 convicts. As of today, the court has already acquitted 70 people, 18 of whom have been granted the status of political prisoners by the resolution of the Parliament of Georgia of December 5, 2012.
Since the establishment of the department, 358 people have been recognized as victims, 256 of whom, as a result of the final decision of the Prosecutor"s Office, have been returned or are in the process of returning real and movable property worth about 54,100,000 GEL by the Ministry of Economy.