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Georgia: New Crime Crackdown

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  • Georgia: New Crime Crackdown

    GEORGIA: NEW CRIME CRACKDOWN
    By Nino Gerzmava in Kutaisi, Tamunia Shonia in Tsalenjikha and Natia Kuprashvili in Tbilisi

    A1+
    [02:16 pm] 23 June, 2007

    Spectacular confiscation of property belonging to alleged criminal
    kingpins.

    "We will confiscate from all thieves in law the palaces they built
    with their dirty money, and put police stations in their place." A
    year after Georgia's interior minister Vano Merabishvili made this
    bold statement, the police have begun a series of high-profile
    property seizures.

    On May 24, the interior ministry staged a lavish ceremony in the
    western Georgian town of Tsalenjikha to formally hand over the house of
    an alleged criminal mastermind Gia Kvaratskhelia to the local police.

    A police band played and a folk music ensemble performed songs. The
    interior minister himself attended the ceremony, announcing this was
    the beginning of a much wider campaign.

    As well as the cherry-red house equipped with tunnels and secret rooms,
    the local police force acquired a cottage done up in traditional style,
    a swimming pool, tennis courts and a fountain.

    "Now local residents will be able to swim in this pool," said
    Merabishvili proudly.

    Kvaratskhelia himself, who faces attempts to extradite him to Georgia,
    is now resident in Spain and is not contesting the confiscation
    in court.

    However, in an unanticipated move another alleged "thief in law" in
    western Georgia is taking the government to court to protest against
    the seizure of his house.

    On coming to power in 2004, Georgian president Mikheil Saakashvili
    made a strong commitment to root out criminality and corruption in
    his country.

    The new campaign kicked off after the Georgian government included the
    term "thief in law" for the first time in new legislation targeting
    organised crime and racketeering.

    The new law defines a thief in law as "a member of the criminal world
    who follows the special laws of the criminal world and in some form
    runs and/or organises the activity of the criminal world or a certain
    group of people".

    The concept of thief in law dates back to Soviet times, when several
    hundred criminal kingpins took pride in this appellation. A thief in
    law lived entirely outside the legal system of the country and earned
    no money from the state. He oversaw a criminal network, but did not
    openly engage in crime himself, relying on his underlings to do so.

    According to a book by crime expert Nodar Imerlishvili, Georgia always
    had a disproportionately high number of these crime bosses and still
    has a majority of the 700 or so still operating in the post-Soviet
    space. western Georgia is particularly well represented.

    Imerlishvili wrote that this was as a direct result of the Georgian
    Communist Party in the 1950s encouraging the growth of the number of
    thieves in law in order to use them as "double agents".

    By tradition, a thief in law earns his title by being nominated by
    at least two others, a process known as a "coronation".

    The names of these thieves in law are generally known, but they refuse
    to talk about their activities in public or to the media.

    The new law stipulates that someone is defined as a thief in law
    only if he himself confirms it - which such criminals are likely to
    do due to their code of honour.

    The interior ministry says that over the last three years, the police
    have detained 70 thieves in law, the majority of whom have confessed
    their guilt.

    In a high-profile case, a Tbilisi court last December ordered the
    seizure of several homes belonging to alleged thief in law Zakary
    Kalashov. The value of the property was estimated at 30 million lari
    (around 17 million US dollars).

    Gia Kvaratskhelia was charged with racketeering and illegal criminal
    activity and an international warrant was put out for his arrest in
    February 2006, but it took more than a year for the police to seize
    his properties.

    This campaign proves, says parliamentary deputy Nodar Grigalashvili,
    that the era of the thieves in law in Georgia is over. "This is a
    result of the course chosen by the government of Georgia. Georgian
    thieves in law are today either sitting in prison or hiding abroad,"
    he said.

    However, the police are finding it hard to prove ownership of much
    of the property they want to confiscate.

    Lawyer Shorena Balkhamishvili told IWPR that when the new legislation
    was being developed, the government anticipated that it would meet
    no resistance in the courts because according to the strict laws of
    the underworld, criminals must not cooperate with the judicial system.

    They did not reckon with the eventuality that owners would register
    properties in someone else's name.

    Local journalist Nato Berulava recalls that in January 2006 she and
    her colleagues visited Kvaratskhelia's house to find to their surprise
    their local bishop, Gerasim, on the premises.

    "It turned out that before the house could be confiscated, the owner
    had given the property to the patriarchate," said Berulava.

    Bishop Gerasim said that the church was planning to turn the house
    into a refuge for homeless children.

    "Some people believe that the church can't receive property from
    a thief in law as a gift," said local priest, Father Malkhaz
    Chanturia. "Those who think that are a long way from the teachings
    of the church and the church's thinking. One can receive donations
    from sinners."

    The patriarchate initially protested against the confiscation of the
    house but later agreed to hand it over.

    "We were told that the diocese did not have the right documents
    confirming that the property had been given as a gift," said Father
    Malkhaz. "The church must submit to the state, and that is what
    we did."

    Kvaratskhelia now lives in Barcelona with his family, as extradition
    proceedings are still pending, and has declined to comment on the
    seizure of his property.

    A relative of the accused man, who refused to be named, told IWPR
    that the luxury residence had been built with Kvaratskhelia's money,
    not for habitation but as a gift for the church.

    Local residents also refused to comment to IWPR. "No one wants to make
    any statements against the thieves in law," explained one. "Whatever
    the government says, people still think in the old way and truly
    regard these people as men of authority, and they're afraid of them."

    Another case in western Georgia's biggest city, Kutaisi, has taken
    a different turn.

    Alleged crime boss Gaioz Zviadadze has taken the unusual step of
    challenging in court an attempt to confiscate his newly-built,
    three-storey 500-square-metre house.

    After an initial decision in favour of the government in the city
    and regional courts, Zviadadze is now appealing. Neither the local
    police, nor Zviadadze and his family, has commented on the case,
    saying they are awaiting a final verdict.

    Balkhamishvili told IWPR, "The right of private property is enshrined
    in the constitution of Georgia.

    It will be hard even for minister Vano Merabishvili himself to lay
    hands on the property of a private individual."

    Prosecutors in Kutaisi are now studying the history of properties
    belonging to around 50 alleged thieves in law - but they are treading
    warily.

    "People have been talking about the 'exposure' of thieves in law,
    in other words the confiscation of [their] property... for the last
    ten years, but in practice almost nothing has been done," said one
    police officer, who asked not to be named.

    "Although the majority of the thieves in law no longer live in Kutaisi,
    they have plenty of 'tails' in this town. If they put a police station
    in a [confiscated] house, a grenade could be tossed in there the
    next day.

    "You will need a second head on your shoulders if you want to live
    there."

    Natia Kuprashvili is the Georgian editor of IWPR's Caucasus newspaper,
    Panorama, and Nino Gerzmava and Tamunia Shonia are correspondents
    for the title. An earlier version of this article was published in
    Panorama. Institute for War and Peace Reporting's Caucasus Reporting
    Service.

    From: Emil Lazarian | Ararat NewsPress
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