MARCH, 2015 MONTHLY NEWSLETTER

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NGOS PRESENT A A PRESENTATION OF A SPECIAL REPORT SHADOW REPORT OF GDI – Politically Biased Justice in ON MINORITY RIGHTS IN GEORGIA On March 24, 2015, Georgian Democracy Initiative released a report entitled On March 22, 2015, Geor- Politically Biased Justice in Georgia. The document discusses the criminal cases gian Democracy Initiative, against high-ranking officials of the former government of Georgia, as well together with four other as against high-ranking officials of the Ministry of Defense, on the basis of NGOs, presented a shadow the criteria of the definition of “political prisoner” determined by Resolution report about minority rights No. 1900 of the Parliamentary Assembly of the Council of Europe of October in Georgia for the United Na- 3, 2012. The lawyers of the organization studied the cases against Mikheil tions Universal Periodic Re- Saakashvili, Giorgi Ugulava, Ivane Merabishvili, Bachana Akhalaia, Tengiz view (UPR). [page.3] >> Gunava, the high-ranking officials of the Ministry of Defense, and other persons. The examination of the cases revealed a number of violations and transgressions which, taken together, give rise to well-founded doubts about political motivation of the aforementioned cases. According to GDI, such an SEVERAL INSTANC- approach violates the requirements established by the Georgian legislation ES OF POSSIBLE and the case-law of the European Court of Human Rights.[1] ILL-TREATMENT BY POLICE OFFICERS In March 2015, there were [1] http://gdi.ge/en/news/politically-biased-justice-in-georgia.page; http://gdi.ge/uploads/ several instances in which other/0/227.pdf police officers allegedly ill-

treated citizens. [page.6] >>

ATTACKS ON THE RESPONSE REPRESENTATIVES OF OF NGOS TO THE POLITICAL OPPOSITION STRATEGY DEVEL- OPED BY THE STATE AND PARTY OFFICES IN AGENCY FOR RELI- ZUGDIDI AND BATUMI GIOUS ISSUES March 2015 saw several attacks on members of Seven NGOs assessed the the United National Movement. document that the State Agency for Religious Issues published on its website: The On March 14, opponents threw eggs at Strategy for the Develop-

SHUTTERSTOCK P. Zambakhidze, a member of the TO BE CONTINUED >> ment of Religious Policy of the State of Georgia. [page.8] >> 2 MARCH, 2015

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On March 15, 2015, the offices of the UNM and N(N) GEORGIA IN 2014 LE Center for Freedom and Support in Zugdidi were On March 25, 2015, the EU released a report assaulted. About fifty persons who were armed with on the implementation of the European clubs invaded the office of the Center and smashed Neighborhood Policy by Georgia in 2014 window panes, during which employees of the Center which also includes recommendations. sustained physical injuries. The EU expresses a wish that Georgia will focus its work on the following issues in the Forty-seven persons of the participants of this incident coming year: ensuring adequate separation of are public officials of various ranks (including Deputy powers and checks and balances between the Chairmen of the Zugdidi Town Assembly, members of executive, legislative and judicial powers in the the Town Assembly, Deputy Governor of Samegrelo- framework of constitutional reform; improving Zemo Svaneti). Despite the fact that Patrol Police officers the political climate by avoiding political were mobilized on the ground, they failed to respond retribution, confrontation and polarization adequately to stop the violence. The participants of the and ensuring space for opposition and incident demanded the cancellation of the protest that cross-party dialogue.[1] the UNM planned for March 21.[2] The report talks about the steps forward On March 18, NGOs released a statement about the that Georgia took on the path to European aforementioned incident in which they denounced integration in 2014 and the problems that still the attack on political opponents and called on the persist. It names the reform of the Prosecutor’s police to investigate the incident in a timely manner. Office and changing the election system for According to the statement, it is particularly disturbing the parliamentary elections of 2016 as the that public officials of various ranks took part in the main challenges. According to the report, amendments made to the Law of Georgia on incident, and, in fact, the incident can be assessed as a Common Courts create the basis for judges to politically motivated assault of representatives of public be more independent, although a three-year institutions on an opposition political party and its probation period for judges prior to their life- supporters.[3] term appointment remains problematic. In general, judicial independence remains fragile.

On March 12, in , members of Free Generation The report also talks about issues in the area came into a physical confrontation with members of of human rights: in 2014, the National Human the United National Movement, Giga TO BE CONTINUED >> Rights Strategy and Action Plan were adopted; an anti-discrimination law was adopted; [1] http://www.netgazeti.ge/GE/105/News/42437/ http://www. the lack of accountability for abuses by law batumelebi.ge/GE/batumelebi/news/42450/ enforcement authorities still persisted; in http://www.netgazeti.ge/GE/105/News/42445/ general, the situation in terms of minority [2] http://www.tabula.ge/ge/story/93827-zugdidshi-tavisuflebisa-da- mxardacheris-centrshi-50-mde-adamiani-sheichra http://www.tabula. rights was not substantially improved. ge/ge/story/93830-tavdasxma-deputatze-ako-minashvils-zugdidshi- xelketi-chaartkes http://eeas.europa.eu/enp/pdf/2015/georgia-enp- [3] http://gdi.ge/en/news/a-joint-statement-of-ngos-regarding-the- [1] attack-of-public-officials-on-the-offices-of-the-united-national- report-2015_en.pdf movement-and-the-center-for-freedom-and-support.page 3 MARCH, 2015

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[4] http://bit.ly/1zaUcsb The report pays particular attention to http://bit.ly/1bRrP8m such issues as failure of the Government [5] http://bit.ly/1PUaHNG to investigate incidents of religious violence against religious minorities; infringement of autonomy of religious organizations by the newly established State Agency for Religious Issues; religious PRETRIAL DETENTION indoctrination at schools and breach of neutrality in academic teaching; failure OF GIORGI UGULAVA IS of the Government to return the disputed PROLONGED places of worship to the corresponding religious denominations; manifestation With the ruling of March 14, 2015, the Tbilisi City Court of hate speech, xenophobia and sentenced Giorgi Ugulava to pretrial detention on the basis homophobia by high-ranking officials of the motion of the Prosecutor’s Office. When imposing the and politicians; inappropriate self- measure of restraint, the Court relied on the criminal case regulation mechanisms in the media against G. Ugulava in which he has been charged since July 28, and manifestation of hate speech on the 2014. It should be noted that the maximum nine-month term Georgian Public Broadcaster (GPB); access of the measure of restraint imposed on G. Ugulava was due to of information in minority languages and expire at the beginning of April 2015. NGOs and the US Embassy ensuring that minority voices are heard responded to this fact. The NGOs believe that the fact that the on the GPB; and ensuring the repatriation motion was put forward by the Prosecutor’s Office and granted of deported Meskhetians. The Universal by the Court is a precedent of abusing the justice system, and Periodic Review was created on the this decision further reinforced the perception in a part of the public that leaving its political opponent Giorgi Ugulava under basis of Resolution No. 60/251 of the imprisonment is an end in itself for the government. According UN Human Rights Council in 2006 and to the US Embassy, the additional charges against the former includes a periodic review of the state Mayor of Tbilisi, G. Ugulava, appear to be an effort to subvert of human rights in all the member the nine-month limit on pretrial detention.[1] states of the UN.[2]

[1] http://gdi.ge/uploads/other/0/231.pdf [1] http://pog.gov.ge/geo/news?info_id=655http://georgian.georgia.usembassy. gov/news-events/emb_newsgeo2015t/statement_ruleoflaw.html [2] http://gdi.ge/ge/news/xutma-arasamtavrobo- http://gdi.ge/en/news/a-statement-of-ngos-regarding-the-imposition-of-pretrial- organizaciam-umciresobis-uflebebtan-dakavshirebit- detention-on-gigi-ugulava.page upr-istvis-angarishi-waradgina.page 4 MARCH, 2015

A SCREENING OF A FILM ON VIOLENCE FOR MINORS According to Paragraph 1, Article 13 of the Law of Georgia on General Education, “It shall be inadmissible to politicize the process of learning in an institution of general education.” Besides, the State is obliged to ensure the independence of public schools from political associations.[2] Proceeding from this, the school must be an apolitical organization. And the aforementioned incident substantially violates the important principle of apolitical character of school.

As for the screening of the footage of violence, Article 19 of the Convention on the Rights of the Child obliges SHUTTERSTOCK the States Parties to take all appropriate legislative, On March 15, 2015, NGO All Generations for Georgia administrative, social and educational measures to organized events in Samegrelo which included an protect the child from all forms of physical or mental exhibition of photos of corpses of persons who had died violence.[3] According to Subparagraph A, Paragraph 1, in the past years (including Z. Zhvania, A. Girgvliani, Article 3 of the Law of Georgia on the Protection of Minors etc.) followed by talks of representatives of the NGO from Harmful Influence, influence exerted by a screening about the so-called cruelty of the nine-year regime. The of films that may do harm to a minor’s mental and/or events concluded with a screening of video materials physical health, his/her moral and social development, of violence, including the notorious prison footage, shall be considered harmful influence on minors.[4] under the title of “The bloody chronicles of Saakashvili”. Accordingly, the incident that took place in Samegrelo The said events were also attended by pupils aged 12 to 17 from the schools of Zugdidi, Khobi, Poti, and the grossly violated the rights of minors. nearby villages. It should be noted that the local self- government bodies and administrations of schools were also involved in the mobilization of the school pupils.[1] [2] Subparagraph C, Paragraph 2, Article 3 of the Law of Georgia on General Education [3] http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx [1] http://bit.ly/1OEYdMD [4] https://matsne.gov.ge/ka/document/view/15652

ALLEGED PRESSURE ON THE EXPERT WORKING ON THE SO-CALLED “CABLE CASE” On March 25, 2015, the leader of Free Democrats, the to sign the report, because he had started work in former Minister of Defense, Irakli Alasania, accused the the public service and, according to law, he does not Prosecutor’s Office of kidnapping Avtandil Guntaishvili, have the right to perform contractual work.[2] The Chief the expert working on the case of the detained high- Prosecutor’s Office of Georgia denied the information ranking officials of the Ministry of Defense, and putting about the pressure on the expert.[3] pressure on him. According to I. Alasania, on March 24, 2015, employees of the Prosecutor’s Office kidnapped A. As a reminder, the following high-ranking officials of the Guntaishvili and immediately took him to the Prosecutor’s Ministry of Defense are indicted in the so-called “cable Office after which they pressured him into refusing to case”: Nugzar Kaishauri, Gizo Glonti, Giorgi Lobzhanidze, sign his own report on expert examination.[1] Expert A. Guntaishvili himself does not confirm that he went to Archil Alavidze, and Davit Tsipuria. TO BE CONTINUED >> the Prosecutor’s Office. According to him, he refused

[2] http://bit.ly/1Fy79gW [1] http://bit.ly/1EpzPGZ [3] http://pog.gov.ge/eng/news?info_id=663 5 MARCH, 2015

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AN INSTANCE OF ILL- TREATMENT OF A CONVICT IN THE GLDANI PENAL INSTITUTION NO. 8 According to convict O.G., on February 18, 2015, inspectors and security officers of the legal regime of Penal Institution No. 8 of the Penitentiary Department took him down to the quarantine unit of the administration building where they made him undress and searched him; then they took him into a de-escalation room where they assaulted him verbally and physically. According SHUTTERSTOCK to the convict, employees of Penal Institution No. 8 of the Penitentiary Department inflicted an injury the anterior surface of his shoulder girdle with a SEVERAL INSTANCES lit cigarette on while ridiculing him at the same OF POSSIBLE ILL- time. When representatives of the Public Defender TREATMENT BY POLICE of Georgia visited the convict in the said penal institution, O.G. bore traces of oval injuries on the OFFICERS anterior surfaces of both shoulder girdles.[1] In March 2015, there were several instances in which police officers allegedly ill-treated citizens.

[1] http://ombudsman.ge/en/recommendations-Proposal/ winadadebebi/competition-for-journalists-conflicts-and-their- effect-on-human-rights1.page A former prisoner, G. Darakhvelidze, accuses police officers of beating him. According to him, on March 7, he was stopped by the Patrol Police due to drunk driving. He was assaulted verbally and physically, which continued LAWYER D. KAKOISHVILI even after he was taken to a police station. Due to the IS ASSAULTED NEAR sustained physical harm, G. Darakhvelidze was transferred THE ENTRANCE OF HIS to hospital; he had a concussion and bore bruises on his body. An investigation was launched under the article RESIDENTIAL HOUSE that envisages resistance to the police. The court imposed On March 16, 2015, at 21:30, lawyer D. a bail on G. Darakhvelidze as a measure of restraint.[1] Kakoishvili was assaulted near the entrance of his residential house – the assailants assaulted him physically and tore off his clothes. Lawyers, On March 9, at about 22:00, in the village of Variani, including the Chairman of the Georgian Bar Gori Municipality, police officers arrived at the house of Association, Zaza Khatiashvili, link this incident Genadi and Khatuna Zubashvili and tried to take Genadi with D. Kakoishvili’s professional activities. Zubashvili to the police station forcibly and without any As Z. Khatiashvili explains, the attack on D. explanation. G. Zubashvili managed to hide in the yard, Kakoishvili was presumably carried out with while the police officers took his wife, Kh. Zubashvili, the aim of intimidating him and may have and his daughter to the police station where they been politically motivated, because, a week interrogated them for three hours. The questions dealt before the incident, D. Kakoishvili had filed a complaint in court against Free Generation with the circumstances of the death of their child in 2011. due to the attack on Saakashvili Presidential It is evident that it was not necessary to transfer Library. According to lawyer O. Kakhaze, it was G. Zubashvili to the police station TO BE CONTINUED >> the filing of the complaint that preceded the attack on D. Kakoishvili. [1]

[1] http://rustavi2.com/ka/news/11259 http://www.tabula.ge/ge/ [1] http://rustavi2.com/ka/news/12037 story/93521-kofili-patimari-giorgi-daraxvelidze-policilebs-mis-cemashi- adanashaulebs http://bit.ly/1EOUOq2 7 MARCH, 2015

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the forest, as a result of beating by the officers of [1] http://rustavi2.com/ka/news/11857 the Bagdati District Division of the MIA. The injuries [2] http://ick.ge/articles/21206-i.html on the body of the detainee are also recorded in the certificate on medical examination and the medical documents of the Kutaisi Penal Institution No. 2.[3] THE PRESIDENT OF

It should also be noted that on March 12, 2015, the GEORGIA PARDONS Georgian Young Lawyers Association released a CONVICTS statement about possible commission of crimes by police officers during the past several months. The On March 3, 2015, the pardoned eight female convicts who had been serving their statement describes 16 instances that took place from sentences in Penal Institution No. 5. Four of them August 2014 up to November 2014. According to the were released and left the penal institution, while the NGO, despite their appeal, the Prosecutor’s Office did not [1] respond appropriately in terms of timely and effective sentences of another four were halved. [4] investigation of the aforementioned instances. On March 19, the President of Georgia pardoned a life prisoner and limited his cumulative sentence to 25 [2] http://bit.ly/1JDRQWo http://bit.ly/1zh68J4 years, of which the prisoner has already served more http://www.humanrights.ge/index. [2] php?a=main&pid=18183&lang=eng than 15 years. [3] http://www.netgazeti.ge/GE/105/News/42407/ http://ick.ge/ rubrics/humanrights/21141-i.html [1] https://www.president.gov.ge/ge/PressOffice/News?9322 [4] https://gyla.ge/eng/news?info=2436 [2] https://www.president.gov.ge/ge/PressOffice/News?p=9353&i=2 8 MARCH, 2015

A XENOPHOBIC THE RESPONSE STATEMENT OF THE OF NGOS TO MINISTER OF JUSTICE OF THE STRATEGY GEORGIA DEVELOPED On March 6, 2015, ten NGOs responded to TV comments of BY THE STATE the Minister of Justice of Georgia, Thea Ksulukiani, which contained a xenophobic and discriminatory attitude and racist AGENCY FOR connotations about citizens of concrete countries (China, Iraq, RELIGIOUS ISSUES Iran, Egypt), because the Minister equated people with the Seven NGOs assessed the document that identities mentioned in the comments with those who wish ill for Georgia and should not be allowed to enter the country. the State Agency for Religious Issues The NGOs called on members of the government and other published on its website: The Strategy high-ranking political officials to respect people with differing for the Development of Religious Policy [1] identities and base their public comments on the principles of of the State of Georgia. The assessment emphasizes the problem of differentiation human rights and equality.[1] and hierarchization of religious minorities On March 9, 2015, the Embassy of the Islamic Republic of Iran into major and non-major, traditional and to Georgia also responded to the statement of the Minister of non-traditional groups. The NGOs also Justice and called it unprofessional and ill-considered.[2] find problematic the part of the text which talks about the method of compensation of the material and moral damage that [1] http://gdi.ge/en/news/statement-of-member-organizations-of-the-civil- platform-no-to-phobia.page religious associations incurred under [2] http://www.tabula.ge/ge/story/93567-iranis-saelcho-tsulukianis- the Soviet regime. According to the gancxadeba-arakvalificiuri-da-gauazrebelia assessment, what is actually taking place is the practice of direct funding of religious associations selected as a result of an unclear and vague process instead AN INSTANCE OF of compensation of damage incurred during the Soviet period, which may be POSSIBLE RELIGIOUS motivated by the interest to control the DISCRIMINATION IN THE religious associations and increase the TBILISI INTERNATIONAL State’s influence on them, on the one AIRPORT hand, and aim at legitimizing the process of direct transfer of indeterminable and An instance of possible religious discrimination took place in unsubstantiated amounts of budget funds the Tbilisi International Airport. According to a correspondent to the Patriarchate of Georgia which has of the Network of Information Centers, Sulkhan Bordzikashvili, been taking place for years, on the other when he was departing for the US on a professional exchange program, he encountered problems while passing passport hand. The Strategy also talks about the control in the Tbilisi International Airport. Of six participants introduction of the “subject of religion” in of the program, S. Bordzikashvili was the only one who was public schools, which is also problematic stopped and asked irrelevant questions about his religion. considering the Georgian context, the Then a patrol-inspector asked him why he was not going dominant role of the Orthodox Church, to an Islamic country, as he was a Muslim. The fact that S. and the poor qualification of teachers. Bordzikashvili was the only one who encountered a barrier The NGOs believe that the initiative and the patrol-inspector asked him questions about his of teaching religion in public schools religion which were not related to the reason of his departure contains a danger at this stage.[2] gives rise to doubts about possible religious discrimination on

[1] [1] http://religion.geo.gov.ge/geo/document/ the part of the representative of the State. saqartvelos-saxelmtsifos-religiuri-politikis [2] http://bit.ly/1IkPfz8 [1] http://ick.ge/articles/21256-i.html 9 MARCH, 2015

A STATEMENT OF THE CHAIRMAN OF THE GEORGIAN BAR ASSOCIATION ABOUT THE ACTIVATION OF THE THIEVES’ UNDERWORLD On March 26, 2015, the Chairman of the Georgian Bar Association, Zaza Khatiashvili, released a statement which says that parties of criminals resort to the authorities of the thieves’ underworld to settle disputes. The specific case he mentions pertains to lawyer M. Tomashvili. In a confrontation caused by damaging Tomashvili’s car, a criminal sent a representative of the thieves’ underworld, B. Charkviani, to talk to him, after which, despite the evidence proving this fact, the Prosecutor’s Office launched a case against lawyer M. Tomashvili. The Chairman of the GBA states that this fact points to a tendency of changing of the practice of courts and activation of the thieves’ underworld in the country. He calls upon the Chief Prosecutor’s Office to conduct an effective investigation.[1]

[1] http://pirveliradio.ge/?newsid=44551

SMS AND VIDEO CALL SERVICE OF “112” FOR THE HEARING IMPAIRED From March 27, 2015, the service of SMSs and video calls of the emergency response center “112” of the Ministry of Internal Affairs of Georgia was put into operation. The service works 24 hours a day on the entire territory of Georgia, and it can be used by hearing impaired persons. In order to use the service, one has to register in advance on the website of 112 – www.112. ge. In emergencies, hearing impaired persons can contact “112” independently via text messages and video calls.[1]

[1] http://bit.ly/1DN7Q1a

NOVELTIES IN THE LEGISLATION THE PARLIAMENT OF GEORGIA RATIFIES THE PROTOCOLS OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS On March 4, 2015, the Parliament of Georgia ratified the term for filing applications in the ECHR was decreased Protocols No. 15 and No. 16 of the Convention for the from six to four months after the day of delivery of a [1] Protection of Human Rights and Fundamental Freedoms. judgment by national courts.[2]

According to Protocol No. 15 of the Convention, the In accordance with Protocol No. 16 of the Convention, maximum age of judges nominated by states to the courts of the highest instance may request the Court European Court of Human Rights was decreased from 70 of Human Rights in Strasbourg to give an advisory to 65 years. In addition, as a result of enacted changes, opinion.[3]

[1] https://matsne.gov.ge/ka/document/view/2759084 [2] http://www.echr.coe.int/Documents/Protocol_15_ENG.pdf https://matsne.gov.ge/ka/document/view/2759067 [3] http://www.echr.coe.int/Documents/Protocol_16_ENG.pdf 1 MARCH, 2015

THE GOVERNMENT A REFORM GETS OF GEORGIA UNDER WAY IN DISCUSSES THE CONNECTION WITH DRAFT CODE OF PERSONS WITH JUVENILE JUSTICE MENTAL DISORDERS On March 12, 2015, the Government of Georgia A package of draft laws which envisages changes to approved the draft Code of Juvenile Justice. The 67 laws was submitted to the Parliament of Georgia. main novelty in the document is the creation of The changes abolish the institution of legal incapacity a specialized institution for the administration and, instead, introduce the concept of a person with of justice for persons below the age of 18. The psychosocial needs, aka a “person receiving support”. A draft Code brings together the norms regulating “person receiving support” is a legally capable person, juvenile responsibility, administrative and although the court may assign a supporting person to criminal procedure, corrections, and other issues him/her on the basis of examination of his/her individual in a single legislative act and establishes a new psychosocial needs. The supporting person will help him/ standard and mechanisms for the protection of her in exercising his/her rights and protection of his/her the rights of juveniles. Another important change interests. The draft law explains the meaning of support envisaged by the draft Code is giving priority to and the obligations of the supporting person.1 restorative justice and mediation in comparison with criminal prosecution. It will be possible to The changes are based on the judgment of the use imprisonment as a form of punishment for Constitutional Court of October 8, 2014, by which the juvenile convicts only in the case of extreme Court found unconstitutional the existing regulations on necessity for grave and particularly grave crimes, restriction of legal capacity of persons with disabilities due and its maximum duration will be limited to 10- to mental illnesses and declared null and void a number of 15 years. It will be prohibited to impose a longer norms and normative contents of norms of the Civil Code penalty and lifetime imprisonment on a juvenile. of Georgia, the Code of Civil Procedure of Georgia, and the 2 The maximum term for being a defendant for Law of Georgia on Psychiatric Assistance from April 1, 2015. imprisoned juveniles will be decreased from The changes are also based on the requirements of the nine to six months. Children will be interrogated UN Convention on the Rights of Persons with Disabilities. with a new procedure. As for the conditions of The Convention was ratified by Georgia on December 26, serving a sentence, according to the draft Code, 2013, and it came into force in Georgia on April 12, 2014.3 a juvenile defendant may not be placed together with an adult not only in the same cell, but also in the same institution.1 1 http://bit.ly/1EoC9Qy 2 http://constcourt.ge/index.php?lang_id=GEO&sec_ id=22&id=866&action=show 1 http://www.justice.gov.ge/News/Detail?newsId=4774 3 https://matsne.gov.ge/ka/document/view/2334289

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