Georgia1

A letter from political prisoner Nemo Chanturia thanking the IHF for its help, which contributed to his release. © Gertraud Hödl

IHF Focus: Elections; freedom of expres- lack of accountability continued to raise sion and the media; peaceful assembly; doubts about the integrity of the govern- fair trial and detainees’ rights; torture, ill- ment’s new approach to human rights vio- treatment and misconduct by law en- lations. Georgia gained full membership to forcement officials; conditions in prisons the Council of Europe on 27 April 1999, and detention facilities and prisoners’ and ratified the European Convention on rights; political prisoners; religious intol- Human Rights in May. erance; conscientious objection; citizen- ship. Elections

In the run-up to the 31 October parlia- As a new member of the Council of Eu- mentary elections, policy issues were vir- rope, Georgia, a country that has made tually eclipsed by recriminations and com- considerable efforts to draft laws in accor- plaints. Leaders of the most influential po- dance with international standards, was litical parties accused one another of mal- slowly working towards the implementa- practice; 476 candidates were refused reg- tion of new legislation and the corre- istration by the Central Election Commis- sponding structural reforms. However, a sion (CEC) because of errors in their appli-

1 Unless otherwise noted, based on information obtained by IHF and its affiliate Caucasian Centre for Human Rights.

152 Georgia cations; and there was widespread con- implementation were issued at a very late cern about election-related violence.2 Ac- stage, thus denying candidates sufficient cording to the election observation mis- time to prepare their applications properly, sion,3 the voters were generally able to ex- or to correct minor technical omissions. press their will, in spite of some irregulari- The CEC often processed registration ap- ties such as missing electorate lists, al- peals without reviewing the relevant doc- though voting could not take place in umentation. Abkhazia and in parts of South Ossetia.4 ■ On a number of occasions, representa- The election-related laws established an tives of opposition parties were denied ac- adequate framework in which to conduct cess to CEC documentation.8 genuine multiparty elections, provided that the legal provisions were applied in a The CEC handled electoral complaints uniform and transparent manner. How- poorly and even refused to consider some ever, the election law was vague and complaints. Deadlines and rules regarding needed clarification in a number of impor- the correct forum for a complaint to be tant areas. It allowed the ruling party to filed were surrounded by confusion. Only enjoy a dominant position in the election 13 out of 19 members of the CEC signed administration at all levels, contributing to the final results as announced by the CEC, an election administration that was politi- indicating that certain CEC members cally polarized.5 International observers of lacked confidence in the process.9 the Council of Europe declared that the Georgian election law did not meet Euro- The political campaign confirmed that po- pean standards. Domestic observers were litical pluralism existed in Georgia. How- not allowed to monitor the elections.6 ever, on occasion, the tone of the cam- paign went beyond acceptable political The CEC was endowed with a wide range competition. The pre-election period was of powers to clarify the law and regulate its marred by several instances of violence implementation. It was therefore impera- and intimidation against individuals and tive that the CEC act in an impartial, trans- the property of political parties, as well as parent and timely manner. On a number restrictions on freedom of movement, of occasions, that was not the case. For ex- which prevented political parties and vot- ample, in the Sachkhere region, chairmen ers from exercising their rights.10 Alleged- of the election commission were cam- ly, most incidences of violence were paigning for the ruling party.7 aimed at the members and property of the parties’ union “Revival of Georgia,” the ■ The criteria for refusing registration to main challenger to the ruling Union of Cit- candidates and the procedures for their izens of Georgia.11 On 9 October in Tel-

2 RFE/RL, 29 October 1999. 3 Conducted by the OSCE/ODIHR and the OSCE Parliamentary Assembly. 4 OSCE/ODIHR, Preliminary Statement, 1 November 1999. 5 Ibid. 6 Levan Z. Urushadze, Georgia of the International Society for Human Rights, 6 November 1999. 7 Revival of Georgia, Report on Pre-Election Violations, October 1999. 8 OSCE/ODIHR, Preliminary Statement, 1 November 1999. 9 OSCE/ODIHR, Preliminary Statement, 2nd Round, 15 November 1999. 10 OSCE/ODIHR, Preliminary Statement, 1 November 1999. 11 Revival of Georgia, Report on Pre-Election Violations, October 1999.

153 Georgia

vai, Shevardnadze stated that a victory for There were also several cases of harass- opposition candidates would be a “parlia- ment and intimidation:18 mentary revolution” and that he, personal- ly, would prevent it.12 On 15 October, the ■ On 18 October in Tbilisi, Soso Egutia, a “Revival of Georgia” in Tblisi protested the candidate from “Revival of Georgia,” was harassment of its candidates by Georgian not permitted to enter the Officers Club authorities.13 building for a planned meeting with the electorate. Consequently, the meeting had ■ On 6 October, unknown perpetrators to be held outside. burned down the flat of candidate N. Koberidze. During the night of 10 Octo- ■ Local authorities blocked the highway ber, a grenade was thrown into the bed- entrance to the town of Borjomi, thus hin- room of candidate Nodar Zazadze, in As- dering representatives from the “Revival of pindza Raion. A letter was left at the Georgia” from reaching a planned elec- scene, telling Mr. Zazadze to leave the dis- toral meeting on 12 October. trict and warning him not to participate in the elections. The OSCE Mission has ■ In the Aspindza region, former inhabi- launched an investigation into the at- tants of Adjara, who had recently moved tack.14 to the region and still carried Soviet pass- ports, had their passports confiscated ■ The mother of the chairman of the youth under the pretext that they would receive union of the “Revival of Georgia” was se- new ones. However, citizens could not verely beaten in her home on 8 October.15 participate in elections without passport identification. ■ On 18 October, Badri Daraselia, an in- dependent candidate, was stabbed seven ■ In Chumaeleti, problems with the power times after he publicly expressed his sup- supply coincided with actions in support port for the “Revival of Georgia.”16 of the opposition party.

■ Three activists were attacked by a group ■ The director of Tbilisi secondary school of men on 23 October; the police failed to No. 139 allegedly threatened to expel arrive at the scene. During the night of 27 children unless their parents voted for the October, there was an attack on the re- ruling party.19 gional office of the “Revival of Georgia” party in Gurjaani; a banner in front of the ■ In the 3rd micro-area of the Gldani dis- office was burned.17 trict of Tbilisi, inhabitants were told that a broken sewer pipe would only be repaired if they voted for the ruling party.20

12 Public Movement “Anti-Fascist Youth Action”, Moscow, 13 October 1999. 13 RFE/RL, 18 October 1999. 14 Ibid. 15 Revival of Georgia, Report on Pre-Election Violations, October 1999. 16 Ibid. 17 Ibid. 18 Unless otherwise noted, information from Revival of Georgia, Report on Pre-Election Violations, October 1999. 19 Levan Z. Urushadze, Georgia of the International Society for Human Rights, 6 November 1999. 20 Ibid.

154 Georgia

■ On 24 October, in the village Velist- again. Several students were beaten. Two sikhe in East Georgia, local police force- of them were detained, but released after fully dispersed voters who were meeting journalists stepped in. They reported that with a candidate from the opposition they had not been beaten at the police sta- party.21 tion, but had been slapped in the face while in the car. In general, the Supreme Court acted im- partially in processing registration appeals. ■ On 28 April, a group of students in Tb- One third of appeals against CEC deci- lisi went on hunger strike, demanding the sions were upheld, indicating an increased release of all political prisoners. The group confidence in the judiciary following re- was attacked and dispersed by men in cent reforms.22 The Supreme Court over- civilian clothes.25 ruled the CEC decision in one important case.23 The Labor Party of Georgia brought Fair Trial and Detainees’ Rights26 two cases on election violations to the Eu- ropean Court of Human Rights, both of Draft Criminal Code which were admitted. In May and July, the parliament voted to Freedom of Expression repeal reforms in the criminal procedure code that had been scheduled to come ■ On 1 February, Aka Sulava, a journalist into effect in mid-May. The amendments from the Liberty Institute, was beaten out- replaced nearly half of the new code, side his house in Tblisi by unidentified which would have ensured detainees ac- men who managed to escape. Members of cess to the courts, prior to trial, to redress the institute suspected that police had pro- abuses by the procurator and security voked the incident after they received forces during criminal investigations. The threats that certain journalists would be government’s move to restrict access to punished if they did not stop criticizing the courts was not in line with public sup- Soso Alavidze, chief of the Tblisi police. It port for judicial reform. The repeal of re- was implied that their families could also forms came just one month after Georgia be affected.24 was admitted to the Council of Europe.27 The draft code contained articles provid- Peaceful Assembly ing for criminal prosecution for insulting honor and dignity, articles that should fall ■ Students protesting the planned exhibi- under civil law, not the criminal code. In tion of Georgian icons abroad attempted particular, articles 337 and 401 did not to rally outside Tbilisi state university on clarify that a public appeal to overthrow 31 May. As the police drove them away, the government or wage war can only be they moved to the central avenue of the prosecuted if a real danger to society is capital where the police overtook them proven. Article 260, 363 and 375 stipulat-

21 Ibid. 22 OSCE/ODIHR, Preliminary Statement, 1 November 1999. 23 OSCE/ODIHR, Preliminary Statement, 2nd Round, 15 November 1999. 24 CIPDD, 4 February 1999. 25 Public movement “Anti-Fascist Youth Action”, Moscow, 28 April 1999. 26 See also Political Prisoners. 27 Human Rights Watch World Report 2000.

155 Georgia

ed special punishments for offending the from requesting that a court of law review president, statesman, procurators, judges the decision, taken by the Ministry of In- and policemen.28 ternal Affairs and the procurator, to deny him access to his lawyers and his family. Detainees’ Rights Extensive amendments to the code in May and July abolished the right of detainees ■ Twenty-one year old Dato Natelashvili who complained of abuse by the procura- from Tbilisi was detained on 22 June on tor, police and other security forces to suspicion of theft, and placed in the Min- challenge the procurator’s decisions in a istry of Internal Affairs investigative isola- court of law, prior to trial. A further con- tor No. 1 at Ortchala. On 19 November, cern regarding Natelashvili’s incommuni- he was transferred to the Tbilisi Main City cado detention was based on credible re- Police station, where he was held in in- ports received from other detainees in the communicado detention. His family was past that the Ministry of Interior (MIA) op- not informed of his transfer. On 22 No- erated “pressing rooms” in the facility, vember, Natelashvili’s brother, and his where the detainees were subjected to tor- brother’s lawyers, Zurab Rostiashvili and ture and beatings in order to extract false Mikhael Macheshvili, tried to meet with confessions.29 Natelashvili, but were denied a visit by the authorities of the facility. Moreover, Rosti- ■ The Lawyer’s Collegium, which was for- ashvili told Human Rights Watch (HRW) merly subordinated to the Ministry of Jus- that procuratorial officials had informed tice but whose status is currently un- him that he and Macheshvili were no known, filed a suit against the Tblisi mu- longer able to represent their client be- nicipality in early August in an attempt to cause the procurator had called them as halt an innovative project supported by a “witnesses” in the case. They were sum- number of NGOs. The project would sta- moned to appear at the Tbilisi City Procu- tion lawyers in Tblisi area police stations rator’s Office on 24 November. to advise detainees of their rights on a pro bono basis. In October, a court ruled that Natelashvili’s reported incommunicado the collegium lacked the legal status to detention violated numerous provisions of bring such a suit. In April, another NGO international law and standards. For in- project to monitor the conditions in pre- stance, the denial of access to legal coun- trial detention in Tbilisi, and provide free sel contravened principle 8 of the UN legal aid, failed after MIA staff denied the Basic Principles on the Role of Lawyers, monitors access. Several journalists and which guarantees all detainees the oppor- members of NGOs, including the Liberty tunity to be visited by, and communicate Institute, suffered harassment and threats with, a lawyer without delay, interception from individuals apparently linked to MIA or censorship. The denial of a visit by his officials in an attempt to block the moni- family contravened rule 92 of the UN toring project.30 Standard Minimum Rules for the Treat- ment of Prisoners. Political Prisoners

The Georgian criminal procedure code Since 1992, real or presumed supporters prevented Natelashvili and his lawyers of the government of former President

28 “Resonance” No. 145, 31 May 1999 in: Georgian Press on Human Rights, compiled by CIPDD, 30 May-4 June 1999. 29 Human Rights Watch, Letter to President Shevardnadze, 24 November 1999. 30 Human Rights Watch World Report 2000.

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Zviad Gamsakhurdia have been harassed The IHF visited Dokvadze and Gelbakhi- and sentenced to long prison terms. In ad- ani in prison in May 1999. Neither of them dition, critics of President Eduard Shevard- had been informed of the contents of the nadze’s administration have routinely Council of Europe’s report on Georgia’s been detained for periods ranging from application, which was relevant to their two days to two weeks. case, and stated that Georgia was expect- ed to “review the cases of persons con- According to various sources, the approxi- victed or detained for their part in the po- mately 100 political prisoners being held litical upheavals of 1991–1992 within two in various labor camps and detention fa- years of accession”. Neither Dokvadze nor cilities constituted a serious issue. They Gelbakhiani were given the right to be were sentenced on charges of terrorism present at trial, or to be represented by and high treason, mostly in unfair trials, counsel of their own choice. Moreover, following the ousting of the former presi- they were not allowed to appeal their con- dent in 1991. As of the end of 1999, no viction and sentence. The denial of an ap- steps had been taken to review their cases, peal clearly contradicts the right to a fair despite several international appeals. trial.

There were reportedly twenty political A representative of the Council of Europe prisoners in the Avtchala labor colony, visited Petre Gelbakhiani at the detention sentenced on charges of high treason and center in July 1998. This visit was not im- robbery. More than eighty others were peded by the authorities, but immediately serving their sentences in other detention afterwards, Gelbakhiani was attacked by a facilities.31 In 1998, the ombudsman, fellow prisoner. He suffered wounds on David Salaridze (who resigned in October his face and neck, apparently inflicted 1999), also called for a renewed investiga- with a razor. The authorities reportedly tion into their cases, expressing the need forced him to state that he had attempted for a political assessment of the 1991– suicide, but during the IHF mission, he 1992 events.32 said that he was convinced the attack had been politically motivated. It was recently In April 1998, the UN Human Rights Com- reported that Gelbakhiani’s health had de- mittee determined that complaints brought teriorated and that he showed symptoms by four political prisoners revealed serious of the first stage of tuberculosis. His deten- breaches of Georgia’s obligations under tion in the basement of the Krit prison most the ICCPR. The committee concluded that likely contributed to this development. the four men were “entitled to an effective remedy, including their release.” Indepen- In the Avtchala colony, the IHF mission dently of the decision of the committee, met with six political prisoners: Zaur Zaza Tsikouri was released following the Kobalia, Zviad Dzidziguri, Valter Shurga- end of his 5-year sentence; and Victor Do- ia, Koba Dzidziguri, Mamuka Aptsiauri, mukowski, a Polish national, was released and Zaza Dvali. All of them asked for help following the intervention of the Polish for fellow prisoners in critical condition foreign minister. No remedy beyond their held in the prison hospital (see below). release, i.e financial, was proposed for ei- The cases of the six prisoners mentioned ther of them. Irakli Dokvadze and Petre above, all of whom were imprisoned for Gelbakhiani remained in prison. their involvement in the events of 1991–

31 Information from CAUCASIA. 32 Sakartvelos Gazeti, No. 268, 26 August 1998.

157 Georgia

1992, were among those to be reviewed la colony. Gorelishvili was released in au- by Georgian authorities in order to comply tumn 1999 under the presidential amnesty with the conditions for Georgia’s acces- in which 1,759 prisoners who had served sion to the Council of Europe.33 Still, as of two-thirds of their respective terms were this writing and following Georgia’s ad- pardoned. mission to the European body, no progress had been made regarding these cases. To the best of IHF’s knowledge, seven po- litical prisoners died between 1991–1999. The IHF mission also met with political prisoners in the prison hospital of Tbilisi. ■ On 28 January, Koba Tsimintia (28), po- The hospital was clearly short of medicine, litical prisoner and former officer of the which had to be provided by the prisoners’ state army in support of the former presi- families and the Red Cross. The hospital it- dent, died in a prison hospital of tubercu- self was in need of major restoration, in- losis and anemia. He had been serving his cluding rudimentary sanitary facilities. sentence in Rustavi labour camp. His al- legedly weighed 35 kg at the time of his ■ In 1999, Nemo Chanturia, member of death. He had been offered a job in the the National guards of the former govern- state army in exchange for coming out of ment, had served six years of his term in hiding. Instead, he was arrested and sen- Avtchala colony, and later in the prison tenced to eight years imprisonment under hospital. He confirmed that he had been articles 96, 209 and 243 of the criminal tortured and ill-treated repeatedly since code. then and, as a result, his health was criti- cal. The IHF mission met with him in the ■ Khvicha Kvirtia, political prisoner, aged prison hospital in May. One month later, 24, died of tuberculosis on 18 June.34 the Health Commission, in charge of revis- ing the cases of prisoners in critical condi- ■ On 13 May, political prisoner David tion, met to consider the case, and decid- Bichashvili, went on a hunger strike, de- ed to release Chanturia. manding the release of all political prison- ers in the Republic of Georgia. His hunger ■ Karlo Djichonaia, who was also held in strike lasted for 70 days. On 10 Septem- the prison hospital, was seriously ill, suf- ber, he was taken to the Republican Prison fering from tuberculosis and slowly going Hospital.35 As of this writing, Bichashvili blind. Still, the health commission that met was on a hunger strike again, together with in June refused to release him, as they re- three fellow prisoners, Bidzina Gujabidze, portedly did not have conclusive evidence Karlo Djichonaia and Murtaz Jalagonia. of his blindness. As of this writing, Dji- They demanded the review of the cases of chonaia was on a hunger strike along with all political prisoners in accordance with three fellow prisoners (see below). the Council of Europe recommendations.

As a result of torture, Bidzina Gorelishvili ■ In August, several other political prison- was diagnosed as psychotic and suffering ers36 also went on a hunger strike in Lager from chronic depression. The health com- 1 and 2 in Rustavi town. All of the partici- mission did not consider Gorelishvili’s pants, with one exception, were National case, and he was later sent back to Avtcha- Guard soldiers from the former regime.

33 Council of Europe, Political Affairs Committee, Georgia’s Application for Membership of the Council of Europe, 2 December 1998. 34 Finnish, Dutch and Georgian NGOs, 6 July 1999. 35 National Section of Georgia of ISHR-IGFM, 10 September 1999.

158 Georgia

■ Guram Absandze, a minister in the gov- reply to his appeals of 15 and 23 Septem- ernment of former president Zviad Gam- ber to obtain the identity card.38 sakhurdia, was forcibly returned to Geor- gia from Russia in March 1998, after hav- Torture, Ill-Treatment and ing been condemned in absentia in a trial Misconduct by Law Enforcement marred by irregularities. Passing sentences Officials39 in absentia has been common practice in political trials in recent years. The charges The issue of torture and ill-treatment has against him reportedly included embez- been a major human rights problem in zlement during his term as minister, as Georgia in recent years, and allegations of well as treason and banditry in connection such incidents continue. Despite Geor- with the attempted assassination of Presi- gia’s admission to the use of torture, no dent Shevardnadze. Allegedly, Absandze significant steps have been taken to imple- was held in the infamous isolation ward ment the recommendations made by the No. 5 of the Ministry of Interior in Tblisi. UN Committee against Torture and by the Guram Absandze was only able to consult UN Human Rights Committee. In January, legal counsel, in accordance with his the General Prosecutor’s Office is said to wish, in March 1999 – one year after his have reported that, during 1998, 700 em- arrest. The lawyers did not have time to re- ployees of law enforcement agencies were view the 71 volumes of case material be- disciplined for violations, and that 14 fore the time limit of 14 April. Further- criminal cases had been initiated against more, on 4 May, the official heading the police officers for beating detainees under investigation barred the lawyer from fur- investigation. Unofficial sources have con- ther participation in the investigation. The tinued to complain, however, that the political trial of Absandze was scheduled prosecution often refused to initiate pro- for 26 July in Tblisi. It was unclear what, if ceedings, and if they did, such proceed- any, appeal mechanisms existed, since the ings rarely resulted in cases being brought Supreme Court operated as a court of first to trial.40 instance.37 Detainees in pre-trial detention were rou- On 13 October, the Georgian Supreme tinely subjected to physical and psycho- Court refused to quash the decision of the logical duress, in order to force confes- Central Election Commission not to admit sions or obtain information. Most allega- Guram Absandze to the 31 October par- tions related either to short-term detention liamentary elections (Sakhalkho Party- in police facilities or pre-trial detention. Didgory block). He was refused registra- While prisoners met by the IHF in Avtcha- tion because he lacked a Georgian identi- la and Krit prisons in May 1999 affirmed ty card, although he had not received a that no form of physical violence had been

36 Eldar Kakuchaya, Shalva Shanidze, Goderdzi Nanishvili, Avtandil Kukhilava, Shermadin Berishvili, Bidzina Guabidze; Oleg Pipia, Jony Izoria, Kobo Lagvilava, Eldar Kvashilava, Zuri Chilava, Zalogi Kvaratskhelia – prisoners of war; Zalogi Kvaratshkelia, Temur Kvaratshkelia, Eldar Pertaya, Eldar Askurava and Jambul Alaskarov – accused of murder. 37 Amnesty International Concerns in Europe, January–June 1999; Anti Fascist Youth Action (AFYA), Moscow, 16, 30 July; 24 August 1999. 38 AFYA, 24 September 1999. 39 Unless otherwise noted, information from the IHF report for the OSCE Review Conference 1999. See also FairTtrial and Detainees’ Rights: Political Prisoners. 40 Amnesty International Concerns in Europe, January–June 1999.

159 Georgia

exerted on them in their current place of ■ Three young men, Arabuli, Chlaidze detention, each of them reported that they and Goshadze, were detained by the had suffered serious physical abuse in po- Gldani district police of Tblisi on 2 July, lice custody. and charged with banditry. According to their lawyer, David Berdzenishvili, they The denial of access to a defense lawyer were tortured in custody in an attempt to contributed to such abuses. Beatings were obtain a confession. The detainees sometimes accompanied by extortion, claimed that they were beaten, subjected with relatives facing financial or other de- to electric shocks, and threatened with mands in exchange for a detainee’s re- rape. The first questioning took place in lease. absence of a lawyer.42

Forms of torture included being hanged ■ Giorgi Shukashvili, a 27-year old Tbilisi upside down, scalded with hot water, and resident charged with stealing tires, was beaten systematically, resulting in frac- detained and beaten over a period of 18 tured bones and broken teeth. There were days in January and February 1998. He reports of electroshock treatments. Threats filed a complaint of ill-treatment against that family members would be tortured or the Gldani district police. On 25 May murdered were also used against de- 1999, he was detained briefly in the tainees. Mtatyminda district police station, in an attempt to intimidate him into withdraw- ■ On the evening of 24 January, a rob- ing his complaint against the police. He bery was reported to the regional police was also the subject of harassing visits by department of Kutaisi; shortly afterwards individuals he identified as connected the police detained two groups of three with the police officers who abused him.43 men and brought them to the regional po- lice station. On 28 January, when the There were also reports of numerous cases court released two of the men, they had of deaths in detention, including cases of swellings around their eyes, blood on detainees who had allegedly thrown them- their clothes and appeared to have been selves out of police station windows, ap- beaten. In an interview with the newspa- parently in a desperate attempt to avoid per Resonans, one of the detainees report- torture. ed that he had been beaten in custody, and that the investigating officer had dic- ■ On 22 March, Ivane Kolbaya fell to his tated a confession to him. The other de- death from a fifth floor window while in tainee also alleged beatings by police offi- custody in the Tblisi Central Police De- cers in order to force him to confess to the partment. The tragic event happened dur- robbery. The police claimed that none of ing his interrogation by police officials re- the detainees wished to speak to their garding his alleged involvement in a theft. lawyers, and denied that any ill-treatment According to HRW, this was the fifth such had taken place, claiming that the men’s death in police or Ministry of Interior injuries had been caused by a fight among premises since 1995. There was a lack of themselves, which took place prior to the transparency in the government’s investi- robbery.41 gation into cases of abuse, and there has

41 Ibid. 42 “Akhali Taoba”, No.189, 12 July 1999, by Georgian Press on Human Rights, compiled by CIPDD, 12-17 July 1999. 43 “Resonance”, No.152, 7 June 1999 in; Georgian Press on Human Rights, compiled by CIPDD, 12–17 July 1999.

160 Georgia been no significant attempt to call the min- uation, and Georgian authorities have ac- istry to account for such abuses. Although knowledged this fact. The large number of police abuse was recognized as a problem prisoners in facilities designed for smaller by Georgian authorities, no plan of action prison populations resulted in serious over- with concrete steps on how to combat po- crowding, with many prisoners having to lice abuse were presented.44 sleep in turns due to the lack of beds. This has facilitated the spread of contagious dis- Ill-Treatment in the Army eases. Conditions in Georgian prisons were no exception to the worrisome spread of Reports indicated an apparent increase in tuberculosis in prisons of former Soviet Re- hazing and gratuitous violence against eth- publics. According to official information, nic Azeris serving in the Georgian armed there were 1,632 recorded cases of tuber- forces since 1998. As a result, 70 Azeris culosis in Georgian prisons. serving in Tbilisi, deserted their unit in February. Repeated protests in February During a mission undertaken in May did not receive any response from the 1999, the IHF visited the Avtchala and Krit Georgian authorities.45 prisons, both located in Tbilisi. The IHF was granted permission to visit these pris- Conditions in Prisons and ons, but only on the condition that they Detention Facilities46 were accompanied by a representative from the National Security Council of The reform of the penitentiary system re- Georgia (Human Rights Department), who mained an urgent task, and should be intervened to help the IHF get the neces- given priority. Upon accession to the sary approvals after several weeks of fruit- Council of Europe, Georgia undertook to less requests. During the visits, members adopt a law on the transfer of the prison of the mission were given the opportunity administration from the Ministry of Interior to meet privately with prisoners. to the Ministry of Justice, within three months of accession. However, when the While IHF mission members found condi- legislation was adopted in July 1999, it tions in the prison of Avtchala to be ap- turned out that the facilities would contin- palling, the prisoners said that they felt ue to be predominantly staffed by Ministry privileged to be incarcerated there, as op- of Internal Affairs personnel. Moreover, posed to being held in colonies outside the ministry demanded that it be allowed Tbilisi, reputed to be extremely poor and to conduct “operative investigative mea- overcrowded. Still, in Avtchala, there were sures” or investigations in the penitentiary 24 convicts living in a standard cell, with system to gather evidence for trial.47 In two rows of juxtaposed beds narrowly January 2000, four months after the expiry lined up and little space between each set of the indicated deadline, the prison ad- of beds. The space per inmate was mini- ministration was transferred to the Ministry mal. Prisoners had access to a vast yard of Justice. outside, in order to be able to move and walk around. The prisoners’ conditions In recent years, conditions in Georgian were highly unsanitary, and the strong prisons and detention facilities have deteri- smell emanating from the sanitary facilities orated along with the general economic sit- was present in the cells nearby.

44 Human Rights Watch, 14 April 1999. 45 RFE/RL, 17 February 1999. 46 See also Political Prisoners. 47 Human Rights Watch World Report 2000.

161 The prisoners’ main concern was the lack Religious Intolerance of sufficient food for those without a fami- ly, or with no relative or friend living near- ■ In June, an MP from the nationalist by. Those prisoners were obviously under- Georgia Over All party filed a suit asking fed. The director of the Avtchala prison the government to revoke the registration himself deplored this situation, hoping for of two Georgian groups of the Jehovah’s an increased budget that would make it Witnesses because of “anti-national, anti- possible to meet the prisoners’ nutritional orthodox and anti-state” activities. The needs. judge denied a motion filed by the Jeho- vah’s Witnesses that the suit was spurious The activities offered were scarce. Some and that political parties did not have the prisoners were involved in building a legal standing in Georgia to file such church, others in collecting books in a li- suits.49 The trial, scheduled for 8 July, was brary. One prisoner was acting as a den- postponed. In the courtroom, the defen- tist, and another as a doctor. Still, at the dant’s lawyer had to prove that he was an time of the visit, no organized work or ed- Orthodox Georgian and a patriot, while ucation possibilities were available. outside, supporters of a radical Orthodox priest burned Jehovah’s Witnesses’ In the Krit prison, sanitary conditions were books.50 The Jehovah’s Witnesses later ap- no better, and the same situation existed pealed to the Supreme Court, which ruled regarding the lack of food. No educational in their favor. or small employment opportunities were given to prisoners to get education. Ac- ■ After several interruptions by the police, cording to official information from the a meeting of the Evangelical Faith Church parliamentary penitentiary subcommittee, in Gldani, Tblisi, was stormed by the as- 89 detainees died of diseases in Georgia in sistant police chief who insulted the pastor 1998. In the first six months of 1999, half and his wife, threatening to kill them, and of that number had already died. Tubercu- pushed an elderly woman to the ground. losis remained the leading cause of death; The event was videotaped. Upon leaving 12 inmates had died of TB by June 1999. the building, the police tried to detain the However, the medical service of the state pastor, but his congregation protected penitentiary department did not allow him.51 The group’s pastor and other adher- journalists to check the committee’s data: ents reported that throughout June, Min- “ The mortality statistics in prisons is clas- istry of Internal Affairs officials mounted a sified as secret.” The head of the service campaign of harassment and threats denied information from the AIDS center, against them. The group filed a suit against which claimed that 60 percent of inmates Gldani police officials in August for ille- suffer from Hepatitis C.48 gally dispersing the meeting, but the court ruled that the police had acted appropri- ately. In his decision, the judge held that the participants had been too loud, but re-

48 “Resonance”, No.188, 13 July 1999; in Georgian Press on Human Rights, compiled by CIPDD, 12-17 July 1999. 49 Human Rights Watch World Report 2000. 50 “Akhali Taoba” No. 156, 9 June 1999, in Georgian Press on Human Rights, compiled by CIPPD, 30 May–4 June 1999. 51 Appendix, Georgian Press on Human Rights, compiled by CIPPD, 30 May–4 June 1999.

162 Georgia fused to view a video tape of the incident, claiming that he was unwilling to wait for electricity to be restored to the court room, after a temporary power outage.52

■ President Shevardnadze condemned an attack on Jehovah’s Witnesses on 17 Oc- tober. A group of Georgian Christians broke into the offices, beat up several members, and destroyed religious litera- ture. In July, representatives of the Geor- gian Patriarchy called for a ban on Jeho- vah’s Witnesses, describing their activities as “anti-state” and “anti-national.” The Georgian Orthodox Church stated that they would not demand the prohibition of religious groups such as Baptists, Pente- costals and Seventh-Day Adventists.53

Conscientious Objection

Georgia failed to implement a law on al- ternative military service, which was due to come into effect on 1 January 1998.54

Citizenship

Meskhetians

One of the conditions for Georgia’s mem- bership in the Council of Europe was the adoption of a law on the repatriation of the Meskhetians within two years. The entire process was to be completed within 12 years.55 The president issued a decree stat- ing that 5,000 Muslim Meskhetians were to be repatriated by the year 2000. By Feb- ruary 1999, only 12 Muslim Meskhetians had obtained Georgian citizenship, and all with great difficulties and delays.56 ■■■

52 Human Rights Watch World Report 2000. 53 RFE/RL, 20 October 1999; “Sevodnia”, 7 July 1999; Human Rights Without Frontiers, 3 August 1999. 54 Amnesty International Concerns in Europe January–June 1999. 55 NZZ, 29 November 1999; “Meridiani 44” No. 82, 16-19 July 1999 in; Georgian Press on Human Rights, compiled by CIPDD, 12-17 July 1999. 56 CIPPD Daily English Language News Digest, 21 January 1999.

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