TRAININGS HELD BY GEORGIAN DEMOCRACY INITIATIVE IN DMANISI AND AKHALTSIKHE

Transcription

1 JANUARY, 2015 MONTHLY NEWSLETTER TRAININGS HELD BY GEORGIAN DEMOCRACY INITIATIVE IN DMANISI AND AKHALTSIKHE On January 20, 2015, Georgian Democracy Initiative held a training on the topic of Equality and freedom for students of public schools of Dmanisi. [1] The training aimed at raising consciousness of the concepts of freedom and equality, as well as human rights and liberties, in young people. The training was led by a specialist of human rights law, Giorgi Mshvenieradze. The training participants included 10-12th grade students of public schools of the town of Dmanisi no. 1, 2, and 3 and the public school of the village of Didi Dmanisi. On January 24, 2015, Georgian Democracy Initiative held a training on the topic of Standards of freedom of expression local and international practice in the Youth Club of the Union of Democrat Meskhs. [2] [1] [2] The training aimed at raising consciousness of the standards of freedom of expression and human rights and liberties in young people. The training was led by specialists of human rights law, Besarion Bokhashvili and Giorgi Mshvenieradze. The training participants included students of public schools of the town of Akhaltsikhe no. 1, 2, and 5; public school of the settlement of Vale no. 1; public schools of the villages of Skhvilisi and Tsnisi (Akhaltsikhe Municipality) and Adigeni (Adigeni Municipality); the Public Musical School of Akhaltsikhe; and Samtskhe-Javakheti State University. The trainings were held in the framework of the project Improving tolerance, religious freedom and human rights in Georgia which is being implemented with the funding of the Human Rights Fund of the Ministry of Foreign Affairs of the Kingdom of the Netherlands. PRESSURE ON A PATROL POLICE OFFICER On January 28, 2015, representatives of the United National Movement disseminated a footage which shows a citizen resisting a patrol-inspector, refusing to show him his documents, and trying to draw a weapon from his back pocket. [page.3] >> PRISONERS BEAT A CELLMATE IN THE RUSTAVI PENAL IN- STITUTION NO. 17 According to the IPRESS news agency, on January 1, 2015, a prisoner was beaten by his cellmates in the Rustavi Penal Institution No. 17. [page.5] >> ONE MORE PROTEST IN FRONT OF THE OFFICE OF FREE ZONE On March 13, 2015, members of NGO Free Generation held yet another protest in front of the office of NGO Free Zone during which they threw eggs at the building. [page.7] >>

2 2 JANUARY, 2015 SHUTTERSTOCK A TERRORIST ACT IN PARIS AN ATTACK ON THE EDI- TORIAL OFFICE OF CHARLIE HEBDO AND A SOLIDARITY PROTEST IN TBILISI On January 7, 2015, 11 people died as a result of a terrorist attack on the editorial office of Charlie Hebdo magazine in Paris, including the Editor-in-Chief and three well-known cartoonists of the magazine. An attack on the editorial office of Charlie Hebdo had also been carried out in 2011 when the magazine published cartoons of the Prophet Muhammad. The leaders of various countries assessed the recent incident as an assault on freedom of expression and the European democratic values. On January 8, a solidarity protest entitled I am Charlie Hebdo was also held in Tbilisi. The protest participants joined the global solidarity campaign Je suis Charlie ( I am Charlie ) which was held in various countries of the world. JANUARY 27 IS THE INTERNATIONAL HOLOCAUST REMEMBRANCE DAY In accordance with a resolution adopted by the UN General Assembly in 2005, January 27 was declared the day of remembrance of Holocaust victims. On this day 70 years ago, the Allies liberated the prisoners of Auschwitz, one of the largest concentration camps. THE CODE OF JUVENILE JUSTICE A special code has been created for juvenile justice. It was discussed at a session of the Criminal Justice Reform Inter-Agency Coordinating Council on January 20, The Code of Juvenile Justice envisages the creation of a justice system for adolescents under the age of 18. After this Code takes effect, Georgia will have specialized police officers, investigators, prosecutors, and judges who will investigate and adjudicate the cases of juveniles, which is an obligation of states envisaged by the UN Convention on the Rights of the Child. The new Code brings together the norms regulating juvenile responsibility, administrative and criminal procedures, corrections, and other issues in a single legislative act. A STATEMENT DISSEMINATED BY THE CIVIL PLATFORM NO TO PHO- BIA! REGARDING THE THREATS AGAINST IRAKLI VACHARADZE On January 8, 2015, messages containing threats of physical destruction of members of NGO Identoba and its former head, Irakli Vacharadze, were disseminated through the social network following I. Vacharadze s comments on the Patriarch s Christmas epistle. One of the organizers of dissemination of the aforementioned messages was the leader of Free Generation, Lado Sadgobelashvili. Non-governmental organizations condemned such a response to I. Vacharadze s comments as an act directed against freedom of expression which is guaranteed by the Constitution of Georgia. They called on the authorities to ensure the security of members and the former head of the organization and to make a legal assessment of the threats made against them. [1] On the same day, January 8, the Deputy State Minister for Diaspora Issues, Sandro Bregadze, disseminated a statement through the social network in which he called rights advocate Irakli Vacharadze an extremist-terrorist. The civil platform No to Phobia! appealed to the Prime Minister of Georgia, Irakli Garibashvili, with a request to discuss the suitability of Sandro Bregadze for his post. [2] It should be noted that S. Bregadze had also made insulting and threatening statements about the same rights advocate on October 25, 2014, after which the civil society also raised the question of his suitability for his post. Despite the calls of the civil society, S. Bregadze still retains his post and continues to disseminate his aggressive and discriminatory statements without restraint. [1] [2]

3 3 JANUARY, 2015 TWO PERSONS ARE SUMMONED TO A POLICE DEPARTMENT FOR AN IN- TERVIEW DUE TO AN INSCRIPTION MADE IN FRONT OF THE BUILDING OF THE PATRIARCHATE [1] [1] On January 4, 2015, street artists Mariam Natroshvili and Gvantsa Jishkariani made an inscription 25 million in front of the building of the Patriarchate, which indicated the sum allocated for the Patriarchate from the state budget. On January 8, the authors of the inscription were summoned to the police. One of them says that they were first at the police station located on Tabukashvili Street where the interview was also attended by three representatives of the Patriarchate, and then at the police station of the Ortachala district where law enforcement officers drew up a protocol. According to M. Natroshvili, when they asked the law enforcement officers with what status they were at the police station or under which article they were going to be indicted, the representatives of the Patriarchate replied: The Patriarch does not want you to be punished; and this is not an interrogation, this is just an interview. PRESSURE ON A PATROL POLICE OFFICER On January 28, 2015, representatives of the United National Movement disseminated a footage which shows a citizen resisting a patrolinspector, refusing to show him his documents, and trying to draw a weapon from his back pocket. [1] As was made known later, the aforementioned person was an employee of the Counter Terrorist Center, Zurab Berikashvili. The disseminated footage shows that Z. Berikashvili was presumably under the influence of alcohol. After the aforementioned incident, patrol-inspector Giorgi Lomsadze who is shown on the footage was forced to write a statement on leaving the job, while Z. Berikashvili was promoted to the position of the Deputy Director of the Counter Terrorist Center. According to G. Lomsadze, his dismissal is related to the incident with Z. Berikashvili. He also appealed to the General Inspection of the MIA regarding the aforementioned, but the MIA did not launch an inquiry. [2] The Department of the Patrol Police argues that G. Lomsadze s dismissal is not related to this incident and that he left the job on the basis of his own statement. [3] [1] [2] [3] A CASE OF AL- LEGED POLITICAL PERSECUTION [1] [1] The former director of the Association of Institutions of Pre-School Education of Signagi, Nato Usenashvili, talks about pressure by the head of the Signagi Municipality Assembly and the majoritarian MP of Signagi, Gela Gelashvili. According to N. Usenashvili, the reason for the pressure is the fact that at the time of the parliamentary elections of October 1, 2012, she was a member of the District Election Commission from the United National Movement. N. Usenashvili states that after the elections the head of the Municipality Assembly and the majoritarian MP were trying to force her to leave her job on her own will. She was also summoned to the police and the Prosecutor s Office and accused of receiving a double salary. On April 8, 2013, the head of the Signagi Municipality Assembly dismissed her from her job. N. Usenashvili appealed to a court which reinstated her to her job. Two months after she was reinstated, the Municipality Assembly dismissed her from the job again. N. Usenashvili appealed the order on dismissal again. On November 27, 2014, the Tbilisi Court of Appeals fully satisfied N. Usenashvili s complaint and reinstated her to her job again. After this, the Municipality Assembly sent materials on a certain period of the work of the Association of Institutions of Pre-School Education to the Financial Police for verification. The majoritarian MP of Signagi from the Georgian Dream coalition, Gela Gelashvili, denies Nato Usenashvili s accusations categorically.

4 4 JANUARY, 2015 NANA BUZARIASH- VILI ACCUSES LAW EN- FORCEMENT OFFICERS OF BEATING HER SON [1] [1] Nana Buzariashvili, a resident of Sagarejo, claims that police officers beat her son, Leri Kaidarashvili, when they were detaining him. According to N. Buzariashvili, she was also assaulted physically when she tried to protect her son. The aforementioned is also confirmed by their neighbors. They say that L. Kaidarashvili was beaten by persons in civilian clothes. Relatives of the family assess this as pressure on the family and relate the police officers actions to complaints filed by N. Buzariashvili in the regional division of the police. The Ministry of Internal Affairs denies that the law enforcement officers exceeded their authority. A VIOLATION OF THE RIGHT TO A FAIR TRI- AL IN RELATION TO THE FORMER FIRST DEPUTY GOVERNOR OF KAKHETI [1] [1] The criminal case of Giorgi Sibashvili, the former First Deputy Governor of Kakheti, has been adjudicated in court for a year and ten months now. The reason for the protraction of the case is the failure of a prosecutor of the District Prosecutor s Office, Giorgi Liluashvili, to show up at the court which he explains with business trips to attend job retraining courses and fulfillment of procedural actions on other cases. Giorgi Liluashvili has already failed to show up at the court for the thirteenth time. This time, the reason for his failure to show up was a pain in the leg. Giorgi Sibashvili who worked as the First Deputy Governor of Kakheti from September 2008 to December 2012 was indicted by the Prosecutor s Office on January 30, UNLAWFUL DETENTION OF A FORMER EMPLOYEE OF THE CITY HALL FOR MAKING A CO- VERT RECORDING DURING AN INTERVIEW On January 29, 2015, Kakha Buskivadze, the former head of one of the divisions of the Supervisory Service of the Tbilisi City Hall, was being interviewed as part of the certification at the City Hall when he tried to make a covert recording of the interview. Due to this, members of the commission called the police, though the latter were not able to draw up a protocol, as recording an interview is not an offence. During two hours following this incident, until the arrival of the Patrol Police, Kakha Buskivadze s freedom was restricted unlawfully and he was being subjected to verbal abuse and pressure. [1] Later, a footage of the incident was disseminated which shows the head of the Supervisory Service, Gigi Nizharadze, assaulting Kakha Buskivadze verbally and threatening him with physical retaliation. [2] [1] html?ar=a [2] NGO LAW ENFORCERS DE- FENSE LEAGUE APPEALS TO THE PUBLIC DEFENDER [1] [1] action_types=og.recommends NGO Law Enforcers Defense League appealed to the Public Defender of Georgia and called on him to respond to the publication of a list of law enforcement officers who took part in the so-called special operation at tennis courts, which, in the applicants opinion, poses a danger to the lives of these police officers. The statement also says that the General Inspection of the Ministry of Internal Affairs, in attendance of representatives of the Prosecutor s Office, forces the police officers to write reports on leaving the law enforcement body without indicating the date. After this, the police officers are taken to the Prosecutor s Office where they are interrogated without a lawyer presence. In the case of giving a desirable testimony, the police officers are given a promise that they will retain their jobs; otherwise their reports will be satisfied. The NGO calls on the Public Defender to respond.

5 5 JANUARY, 2015 THE TBILISI CITY COURT OBLIG- ES THE MINISTRY OF INTERNAL AFFAIRS TO ISSUE PUBLIC IN- FORMATION [1] [1] The Ministry of Internal Affairs was made obliged to provide the Institute for Development of Freedom of Information with full information about the bonuses and salary supplements paid to ministers, deputy ministers, and heads of departments in 2013, according to months and indicating each name and surname. It should be noted that the Institute had appealed to the Ministry of Internal Affairs with a request for public information on June 13, 2014, though the Ministry left the organization s application and corresponding administrative complaint without a reply, after which the Institute appealed to the Tbilisi City Court to protect its rights and interests. According to the explanation of the Tbilisi City Court, the aforementioned information is an object of high public interest; proceeding from this, public officials are obliged to fill out property declarations, while, in accordance with the General Administrative Code of Georgia, it is permissible to issue the personal data of public officials. CIVIC INITIATIVE CALLS ON THE PUBLIC DEFENDER TO STUDY A CASE OF GENDER DISCRIMINATION AGAINST THE TRUSTEE OF TIBAANI [1] [1] According to NGO Civic Initiative, on December 14, 2014, Otar Aladashvili, a resident of the village of Tibaani, Signagi Municipality, together with his supporters, came into a confrontation with the Trustee of the territorial body of Tibaani, Lia Madzgarashvili, and invaded her office. Civic Initiative had been informed before the aforementioned incident that O. Aladashvili advised the acting Trustee to leave her post, saying that the position of a village trustee was not suitable for a woman and that she could not cope with her obligations. According to L. Madzgarashvili, O. Aladashvili often told her: You are a woman and this job is not suitable for you; a woman must not be working here. According to the NGO, in general, various persons working in the Signagi Municipality often expressed opinions that contained gender discrimination. Civil Initiative called on the Public Defender to study the aforementioned case of gender discrimination. PRISONERS BEAT A CELLMATE IN THE RUSTAVI PENAL INSTITU- TION NO. 17 According to the IPRESS news agency, on January 1, 2015, a prisoner was beaten by his cellmates in the Rustavi Penal Institution No. 17. The Deputy Head of the Administrative Department of the Ministry of Corrections and Probation made the following statement about the press reports: On January 1, 2015, this year, in Penal Institution No. 17, convict G.M. had a verbal argument with his cellmates which grew into a physical confrontation. An investigation has been launched into this case under Part 1, Article 118 of the Criminal Code. A medical-forensic examination has been appointed. The prisoner currently remains in the penal institution. Later, the Ministry of Corrections and Probation released an official statement according to which, in addition to the director of the institution who was indicted under Article 332 of the Criminal Code (abuse of authority), criminal persecution under Part 2, Article 1441 of the Criminal Code (torture) was also launched against seven prisoners. [1] [1] SHUTTERSTOCK

6 6 JANUARY, 2015 THE SITUATION IN PENAL INSTITUTION NO. 7 On January 17, 2015, the Executive Director of the Center of Civil Involvement, Natia Guruli, held a briefing. She talked about a hunger strike of convicts in Penal Institution No. 17 and facts of their inhuman treatment, and called on the Ministry of Corrections and Probation to respond adequately. [1] According to the Executive Director of the CCI, The convicts in Penal Institution No. 7 have been talking about psychological pressure on the part of the prison authorities for several months now, which is manifested in the absence of medical service, anti-sanitary conditions, and failure to provide them with drinking water, due to which the prisoners resorted to the extreme form of protest on January 13, though no effective steps to improve the situation have been taken. The statement [2] of lawyer Zurab Todua also concerns the situation in Institution No. 7 and confirms the facts of violence in this institution. According to him, the lives of four prisoners are under danger. Ten prisoners are on a hunger strike in Institution No. 7 with a demand to be provided with medicines and medical service. One of them has swallowed a so-called bolt and a pen, while three of them have swallowed a thermometer. According to the lawyer, the prison authorities are refusing to provide the prisoners with medical assistance. [1] [2] GOVERNMENT-INITIATED LEGIS- LATIVE CHANGES AGAINST FREE- DOM OF EXPRESSION According to a draft law proposed by the Government of Georgia, a call for violence, if it aims at inciting hatred between different groups, will be criminally punishable by deprivation of freedom for two to five years. In connection with the draft law, non-governmental and media organizations released a joint statement in which it is noted that the prepared legislative package contradicts the practice established by the Constitutional Court of Georgia in relation to Article 24 of the Constitution of Georgia, while such changes clearly show that the State s efforts are directed at restricting freedom of expression and strengthening the dominant social and moral discourse, rather than at protecting the rights of discriminated groups. The statement was signed by 40 organizations. [1] On the same day, the Ministry of Internal Affairs released an answering statement which confirms that the Government is not going to abandon undue restriction of freedom of expression which is the aim of the legislative changes it has proposed. [2] [1] [2] THE STATEMENT OF LAWYER TINATIN NAKASHIDZE RE- GARDING GROSS VIOLATIONS OF THE RIGHTS OF PRISONER TARIEL POTSKHVERIA [1] [1] According to lawyer Tinatin Nakashidze, she is not allowed to meet her client Tariel Potskhveria whom the lawyer defends in the courts of all the three instances. She states that Tariel Potskhveria is not allowed to meet with his family members and a priest. The lawyer noted at a press conference that the condition of Tariel Potskhveria s health was also severe and he was in need of particular attention. Tinatin Nakashidze asked the Minister of Corrections and Probation, Giorgi Mgebrishvili, and the Minister of Labor, Health and Social Affairs, Davit Sergeenko, to respond to the case in a timely manner. She also appealed to the Bar Association and the Public Defender s Office with the same request. The Chairman of the Bar Association, Zaza Khatiashvili, assessed the prohibition of meeting with a client as gross interference in the lawyer s activity and resorted to the extreme form of protest hunger strike. He called on all lawyers who are concerned about this issue to go on a hunger strike. FORTY-SEVEN LIFE SENTENCE PRISON- ERS GO ON A HUNGER STRIKE IN PENAL IN- STITUTION NO. 8 [1] [1] On January 25, 2015, 47 life sentence prisoners in the Gldani Penal Institution No. 8 went on a hunger strike, demanding alleviation and revision of the punishment imposed on life sentence prisoners. They argued that the Law on Amnesty of 2012 pertained to everybody, though they were the only category of prisoners whose condition had not been alleviated by this law, which was discriminatory. Currently, a total of 81 life sentence prisoners, including four women, are serving their sentences.

7 7 JANUARY, 2015 RESOLUTIONS OF THE PARLIAMEN- TARY ASSEMBLY OF THE EUROPE- AN COUNCIL The Resolution of the Parliamentary Assembly of the Council of Europe which concerns the protection of freedom of the media and journalists says: [1] The Assembly notes with concern the controversial changes in media ownership following the 2012 parliamentary elections and the recent adoption of legislation aimed at curbing the financial independence of private broadcasters and thus potentially influencing their editorial independence. In the same document, the Parliamentary Assembly calls on the Government of Georgia to fully investigate... the murder of the media manager and founder of one of the major television channels Erosi Kitsmarishvili in Georgia. Georgia is also mentioned in the resolution of the Parliamentary Assembly on Russia [2] in which it is noted that Russia s actions in Ukraine demonstrate its lack of willingness to honor the commitments it has undertaken with regard to its relations with neighboring countries. The Assembly calls on the Russian authorities to implement the resolution on the consequences of the war between Georgia and Russia, end the ethnic cleansing and the occupation of the Georgian provinces of Abkhazia and South Ossetia, and allow access to European Union monitors to these regions. [1] XML2HTML-en.asp?fileid=21544&lang=en [2] XML2HTML-en.asp?fileid=21538&lang=en ONE MORE PROTEST IN FRONT OF THE OFFICE OF FREE ZONE On March 13, 2015, members of NGO Free Generation held yet another protest in front of the office of NGO Free Zone during which they threw eggs at the building. The protest participants declared that they would continue holding permanent protests until Free Zone was disbanded. Law enforcement officers detained members of Free Generation, Lado Sadgobelashvili, Giorgi Mukhigulashvili, Zurab Bigvava and Tsotne Buchukuri, for several hours. THE INVESTIGATOR S OBLI- GATION TO ISSUE A WARRANT AT THE TIME OF URGENT SEARCH AND SEIZURE WILL STILL REMAIN IN FORCE The investigator s obligation to issue a warrant at the time of urgent search and seizure still remains in force. The corresponding decision was made by the Human Rights Committee of the Parliament of Georgia at the session of January 13, As a reminder, as part of the planned changes to the Criminal Code of Georgia, MPs had proposed an initiative according to which, in the case of search and seizure to be conducted at a time of emergency, it would no longer be necessary to issue a corresponding warrant and it would be enough for an investigator to give a verbal explanation of the grounds for search or recovery. In the assessment of NGO Empathy, adopting the aforementioned change would restrict human rights and deteriorate their condition in the country. Empathy assesses this legislative initiative as a return to the Soviet Union. [1] [1] SHUTTERSTOCK

8 8 JANUARY, 2015 HUMAN RIGHTS WATCH REPORT OF 2015 Human Rights Watch released its World Report 2015 (the organization s 25th report of this kind) which includes an overview of the state of human rights in more than 90 countries. Five pages in the report were devoted to Georgia. [1] The document devotes special chapters to women s rights and abuses committed by law enforcement bodies. In the organization s assessment, the situation has not improved in this respect. The document says that the impunity of representatives of law enforcement bodies is still a problem. The report also devotes a special chapter to criminal cases against representatives of the former government. It also mentions the attacks on Nugzar Tsiklauri and Zurab Chiaberashvili and the law enforcement officers inaction in response to these facts. The report says that The authorities failed to prosecute his [Zurab Chiaberashvili s] assailants despite the fact that they were publicly identified. On the same day this document was released, the Chief Prosecutor s Office of Georgia released a statement and noted that Revaz Tabukashvili, the person charged with the assault on Zurab Chiaberashvili, had been fined with GEL 2,000 for committing an offence punishable under Article 120 of the Criminal Code. [1] ACCORDING TO FREEDOM HOUSE REPORT, GEORGIA IS STILL A PARTLY FREE COUNTRY [1] On January 28, 2015, the authoritative international organization Freedom House released its annual report on the condition of freedom in the world. As in the previous year, Georgia was still included in the list of partly free countries it was given three points according to the 7-point scale of assessment of political rights and civil liberties. [1] A DRAFT LAW ON LABOR MIGRATION On January 29, 2015, the Legal Issues Committee of the Parliament of Georgia discussed a draft law proposed by the Ministry of Labor, Health and Social Affairs which aims at regulating labor migration. According to the draft law, an employer will only be allowed to employ aliens if the respective body of the Ministry of Labor, Health and Social Affairs fails to offer local staff in reply of the employer s application submitted to the aforementioned body. The Business Association of Georgia objects to the aforementioned changes. According to the Association, stakeholders were not involved in the preparation or discussion of the draft law. As for the proposed version, in the assessment of the Business Association, The new regulations will only complicate this process and make it more expensive, whereas it has already become expensive for businesses to invite foreign specialists and it would be much more cost-effective for them to employ local specialists if they can be found on the labor market. [1] [1] A JUDGMENT OF THE CONSTITU- TIONAL COURT [1] [1] On January 22, 2015, the Constitutional Court of Georgia satisfied the complaint of citizen Zurab Mikadze and found unconstitutional the norms of the Code of Criminal Procedure which made it possible to deliver a verdict of guilty and bring criminal charges against a person on the basis of a circumstantial testimony (Part 2, Article 13 and Part 1, Article 169). The Court s explained that a verdict of guilty may only be based on unquestionable evidence which is beyond doubt, while a circumstantial testimony does not constitute such evidence. Accordingly, the disputed norms contradict Paragraph 3 of Article 40 of the Constitution of Georgia. THIS PROJECT IS FINANCIALLY SUPPORTED BY THE HUMAN RIGHTS FUND OF THE NETHERLANDS MINISTRY OF FOREIGN AFFAIRS 2 D. Gamrekeli Str., 3rd floor, Tbilisi 0194, Georgia Tel/Fax: ( ) info@gdi.ge