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Violations of Art. 6 par 1 - Page 12
Alleged violation of Article 6, par. 1
This and other questions were supposed to be discussed and answered by the prosecutors' office and the court, but, unfortunately, as it seems they did not aim at revealing objective truth on this case and their only purpose was to keep the applicants imprisoned, thus, fulfilling someone's will and order.
The fact that the prosecutors' office was extremely interested in declaring the applicants guilty, is proved by the following. Namely, as submitted under alleged violation of Article 5 of the European Convention, widower Zviad Ch. testified to the court that his sister Mzia Ch. snatched Guliko M's falsified case history out from the hands of Dr. Tina Sv., the manager of gynecology department.
The widower added that he could present these documents to the court. (See the alleged violation of Article 5). Indeed, the widower's sister Mzia Ch., who was examined at the hearing, submitted this evidence to the Mtskheta Regional Court and it was attached to the case as its integral part.
Subsequently "it happened" that Guliko M's falsified case history disappeared. This fact was emphasized by the first applicants' defense counsel Gia Joglidze, who on 18 August 2006 the sent a letter with remarks to the protocol of the hearing to Judge Gela Ki. of the Mtskheta Regional Court. (See the attached Annex A..).
Among other remarks the defense counsel submitted the following: "the protocol of the hearing made by A. Kalichava does not contain a record about the papers from the patient Guliko M's case history faked by Tina Sv., which M. Ch. herself snatched out from Tina Sv.'s hands on 22 September 2005.
Besides the fact that the protocol of the hearing lacks such record, the above documentation has disappeared from the criminal case itself. The protocol of the hearing neither contains the part of M. Ch.'s testimony, where she says that when she had learned about her sister-in-law's death, she entered into Tina Sv.'s office and met there a policeman of the Mtskheta police department, who was standing over Tina Sv.'s head and helped her to falsify the records of her sister-in-law's case history. Mzia Ch. also testified that she could identify this policeman".
On 18 august 2006 Judge Gela Ki. made a resolution, by virtue of which he accepted the defense counsel Gia Joglidze's remarks. But, the most important is that, among the others, he accepted the above remark as well. Namely, he noted in his resolution:
"the court partially shares and confirms the submitted remarks, namely, it confirms that in the part of witness Mzia Ch.'s examination, the protocol of the hearing does not contain a copy of one of the pages of Guliko M's case history submitted to the court, which differs from the case materials". (see the attached Annex A.. -).
The applicants submit that this is a serious crime, which is punished by Georgian legislation. Namely, Article 368 of the criminal code of Georgia proscribes "destruction of evidence by party to legal proceeding". Despite such serious crime, this issue was never investigated. Nobody expressed interest to investigate who could take this important paper from the case, who was responsible for integrity of the case and etc. This issue has had no follow-up.
Although, it is not difficult to conclude who was interested that this proof disappeared, whose interests could be violated if such important evidence remained attached to the case? The fact is that one, who destroyed the above evidence, had the only intention to make the court sentence the applicants to prison by all means, including through commission of a crime, i.e., destruction of evidence.
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