South Caucasian Human Rights Monitor
published by the Caucasian Institute for Peace, Development and Democracywith the help of the Winston Foundation for Peace
Editor: Emil Adelkhanov-SteinbergPart 3
Human Rights in GeorgiaFebruary 2000
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ElectionsAccording to the Central Election Commission, under the current election legislation only citizens with national IDs are entitled to vote, while those with former Soviet passports are not. The CEC claims that only 1.1 mln Georgian citizens have got the national IDs so far. (The total population of the country is some 5 mln. – CIPDD)
"Alia" No. 14, p. 5, Prime-News agency, "No passport - no rights"
Amendments to the election law are still on the agenda. The parliamentary opposition proposed to mark the voters with special marks, but the majority objected. The marks are not a panacea and, besides, the voters may feel hurt, they say. So far the majority and the opposition have agreed to only one amendment - voters will be able to participate in the elections not only with national IDs, but foreign passports, military cards, pensioner IDs and former Soviet passports. Parliamentary debates continue.
"Resonance" No. 52, February 26, p. 2, Tamara Mshvidobadze, "The pre-election war goes on"
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The post of ombudsman is still vacant
Director of the National Library Levan Berdzenishvili, one of the candidates for the post of ombudsman, told journalists the authorities disapproved of his candidacy.
"Dilis Gazeti" No. 21, February 3, p. 7, "If the society orders me, I will become a cleaner, not ombudsman"
President Shevardnadze suggested that a new ombudsman should be elected after the presidential elections as both - president and ombudsman - must team up. The president not only called for violation of the law (according to the law, a new ombudsman must be elected no later than 30 days after resignation of the predecessor, and the term expired long ago) but he also seemed unaware of the essence of the ombudsman’s office as he wanted the ombudsman to be manageable, Paata Zakareishvili, one of the likely candidates for the ombudsman, comments.
"Kavkazsky Aktsent" No. 5. February 16-29, pp. 1, 3, "Georgia unlucky with both ombudsman and electricity"
Religious minorities
Guram Sharadze, MP accused the director of the AES-Telasi company (the US-owned electric grid of Tbilisi), Michael Scowly (?), of patronising Jehovah Witnesses after one of the Witnesses was appointed technical director of the company. In Sharadze’s words, Scowly dismissed Orthodox Christian personnel of the company and replaced them with Jehovah Witnesses. In response, the press centre of the company emphasised that the director did not belong to the sect and none of the AES-Telasi employees was dismissed or appointed on religious grounds.
"Dilis Gazeti" No. 28, February 8, p. 5, Prime-News agency, "Guram Sharadze accused the director of the AES-Telasi company of patronising Jehovah Witnesses"
Freedom of press
Journalist Clara Abramia claims to have been granted political asylum in Sweden. In her words, she had to emigrate from Georgia in order to escape the police persecution instigated by Kakha Targamadze, the interior minister, after she criticised him in her articles.
"Resonance" No. 32, February 6, p. 3, "I will never get back to Georgia as long as Targamadze holds the office"
The Adjarian authorities imposed control over all local Internet subscribers and every web site. Nobody can use Internet and e-mail services without official permission in Adjaria.
"Dilis Gazeti" No. 31, February 15, p. 5, Gea news agency, "Control over Internet in Adjaria"
Aslan Smirba MP, former mayor of Batumi, Mikhail Gagoshidze, the acting chairman of the Adjarian TV and radio department, and a notary visited the office of the independent TV company "TV-25" late on February 19 night and forced three out of its four owners - George Surmanidze, Emzar Chkhartishvili and Malkhaz Verdadze - to cede 75% of the company shares to Gagoshidze. The same morning Smirba had publicly abused and battered Avtandil Gvasalia, the commercial director of the company. In Smirba’s words, he has a moral right to manage the TV-25 as in 1996 he bribed one of the top Adjarian officials with $56 thousand to give the company official permission for broadcast. Some time before the incident the company had been criticised by Aslan Abashidze, the Adjarian leader. The TV-25 has broadcasted in Adjaria for two years but it faced persecution only after it began broadcasting local news programmes from January 14.
CIPDD
Police violence
A group of lawyers founded The National Association of the Georgian Lawyers and elected Kartlos Gharibashvili its president. The new organisation declared its intention to defend human rights, in particular, to fight police brutality, but the author doubts their sincerity.
"Akhali Taoba" No. 31, February 2, p. 7, Daredjan Meparishvili, "A new show: the lawyers vs. the police"
Relatives of Lasha Kartvelishvili, who was arrested not long ago on suspicion of having killed a policeman, told Elena Tevdoradze, the chairperson of the parliamentary human rights committee, he was severely beaten and questioned in the absence of a lawyer. Ushangi Mgeladze, the chief of the Tbilisi criminal police, explains his bruises by a fall down the stairs.
"Resonance" No. 35, February 3, p. 1, Gea news agency, "Who believes in falling down stairs?"
Lasha Kartvelishvili’s relatives keep claiming that he was severely beaten in custody. Officials say he just fell down from stairs, and Kartvelishvili confirms their version. According to Ghia Gviniashvili, the investigator of the Tbilisi procurator’s office, he confessed to have killed a policeman as soon as he was arrested, "so there was no need to beet him". His lawyer solicited for medical examination but to no effect so far, so his mother applied to Maya Nikoleishvili, an independent expert.
"Droni" No. 16, February 10, p. 7, "How Lasha Kartvelishvili pleaded guilty"
According to available information, Lasha Kartvelishvili was under preventive detention for 14 days (February 4 - 18), instead of 72 hours stipulated by law. His lawyer claims that Kartvelishvili was severely beaten and tortured in the preventive detention wards. Maya Nikoleishvili, the independent expert, was prohibited from visiting him in the wards. Only after his relatives appealed to Elena Tevdoradze, the chairperson of the parliamentary human rights committee, and Rusudan Beridze, the human rights secretary of the National Security Council, he was conveyed to investigation wards No 5. His relatives are pushing for an alternative medical examination.
CIPDD
When driving his car, Manuchar Akhvlediani of the Kutaisi Sakrebulo (city council) was halted and severely beaten by the traffic police in Kutaisi on April 16. He was hospitalised with concussion and numerous injuries.
"Alia" No. 26, February 17-18, p. 4, Beso Gulordava, "The police, a traffic inspector and the Sakrebulo member with concussion"
In custody
Having visited preventive detention wards No 2 of Kutaisi, Elena Tevdoradze, the chairperson of the parliamentary human rights committee, confirmed that the prisoners’ riot of January 20 was triggered by a rape of one of them. In her words, another prisoner was raped there on 20 December 1999.
"Dilis Gazeti" No. 23, February 5, p. 2, Prime-News agency, "MP met prisoners"
Having investigated the reasons of the prisoners riot in preventive detention wards No 2 of Kutaisi, an investigation commission of the penitentiary department removed Vitaly Kharshiladze, the head of the wards, Badri Deisadze, the head of the operational service of the wards, and seven more officials from office.
"Resonance" No. 34, February 8, pp. 1, 4, Pridon Kervalishvili, "The prison administration dismissed for a rape in prison"
On February 8 the Ministry of State Security instituted investigation of Temur Papuashvili’s death in custody. Papuashvili, one of the suspects in the attempted assassination of Eduard Shevardnadze, died in preventive detention ward No 1 on January 3. The MSS stopped the proceedings on February 10 (according to Malkhaz Salakaia, the head of the investigation department, the case was closed at the request of Papuashvili’s mother and spouse). (It must be mentioned that earlier both had publicly doubted the results of the official post-mortem (death from flue): they claimed Papuashvili to have been poisoned and demanding fair investigation. They were also going to push for his complete discharge. – CIPDD).
"Dilis Gazeti" No. 26, February 9, p. 5, Gea news agency, "The case opened for a day, then closed for good"
George Kervalishvili, the president of the All-Georgian Human Rights Association, claimed the penitentiary reform to be just a farce. Rape of prisoners had become common in Georgian prisons, he said, and the commotion over the recent incident in the Kutaisi investigation wards No 2 was only a show. Kervalishvili asked journalists to help him meet the prisoners with lifetime imprisonment sentences. The Association announced March 6 as Prisoners’ Solidarity Day and is going to launch a demonstration on that day, provided the weather is good.
"Akhali Shvidi (7) Dge" No. 6, February 11-16, p. 2, "Prisoners’ Solidarity Day scheduled for March 6"
According to Khvicha Kvirtia, a former serviceman of pro-Gamsakhurdia National Guards who was arrested in 1995 for illegal keeping of weapons (Art. 238), when in Kutaisi investigation wards No 2 he was regularly beaten by Badri Deisadze, then chief of the wards regime (dismissed after the recent revolt in the wards). In his words, Deisadze used to hit him on his kidneys and heels. He looked so horrible after the beating, that they placed him into a ward with newly imprisoned prisoners to frighten them. According to the newspaper, Deisadze used to torture those prisoners who had no money to bribe him. At present, the newspaper claims, one of the high-ranking officials of the Ministry of Internal Affairs is bringing pressure to bear on the Ministry of Justice in order to find a good job for his protégé.
"Akhali Shvidi Dge" No. 6, February 11-16, p. 2, "Torturing Khvicha Kvirtia: a usual job of Deisadze the policeman", "Logical result of the prisoners revolt"
Hunger strikes in custody
Thirteen prisoners of the women colony went on hunger strike on February 3, demanding either to re-try their cases in the Supreme Court or put them on the list for presidential pardoning. (One of them even sewn up her mouth as a token of protest.) Being sentenced for serious crimes (mostly for drug trafficking), they have little chance to get it. Mrs Rusudan Beridze, human rights secretary of the National Security Council, and Mr Anzor Baluashvili, deputy procurator-general, visited them in colony.
"Alia" No. 5, February 2, p. 2, "Cry, women..."
Lali Aptsiauri, the president of the NGO "Prisoners’ Rights", called upon lawyers to provide free lawyer service to the female hunger strikers.
"Dilis Gazeti" No. 28, February 8, p. 2, Gea news agency, "Lali Aptsiauri appeals to lawyers for help"
Two imprisoned "Zviadists", David Bichashvili and Kakha Djidjonia, continue their hunger strike in the central prison hospital. Of late, they were joined by three others: Loti Kobalia, the former commander of the pro-Gamsakhurdia National Guards, Bidzina Gudjabidze, the former prefect of the Ozurgeti district, and Murtaz Djalagonia. The hunger strikers demand to amnesty "all political prisoners, prisoners of conscience and POWs" and stop prosecuting members of the "legitimate" government and their families. They are determined to keep on their action until all their demands are satisfied. Physicians constantly oversee their health conditions.
"Dilis Gazeti" No. 28, February 8, p. 2, Gea news agency, "Loti Kobalia and two other prisoners joined the hunger strike"
Three out of 13 female prisoners ceased their hunger strike in the women colony. The others keep demanding to re-examine their cases, claiming the sentences to be too harsh. The colony administration provided the hunger strikers with a separate room with electricity and TV and is trying to persuade them into giving up the action.
"Dilis Gazeti" No. 32, February 16, p. 2, Gea news agency, "Female hunger strikes got a separate room"
According to Lali Aptsiauri, the president of the NGO "Prisoners’ Unity", the hunger strike in the women colony was stopped after one of the lawyer agencies agreed, with mediation of the Unity, to examine the cases of the hunger strikers.
"Akhali Taoba" No. 53, February 24, p. 8, Interview with Lali Aptsiauri
Social and economic rights
According to the state employment department, the unemployed total 102 thousand in Georgia at present. Only 4% of them - those who had been employed and paid for at least two years prior to the unemployment - get unemployment benefits - 74 GEL (about $37) altogether - which are paid in 6 monthly instalments and account for only 11% of the subsistence level.
"Resonance" No. 42, February 16, p. 7, Marianna Imnadze, "Unemployment benefits do not exceed 11% of the subsistence level
In and around Abkhazia
The UN Security Council’s February 1 resolution on Abkhazia prolonged the UNOMIG mandate by six months, till July 2000. The resolution evaluated the situation in the conflict zone as "insecure" and the absence of progress in the conflict resolution as "unacceptable".
"Svobodnaya Gruzia" No. 28-29, February 2, p. 1, "The UN Security Council prolonged the UNOMIG mandate by six months"
The Georgian and Abkhaz law-enforcement officials reached an agreement on "all-for-all" exchange of hostages and the dead. The agreement is still to be signed.
"Dilis Gazeti" No. 20, February 2, p. 2, Gea news agency, "The Abkhaz agreed to exchange"
"Today there is a good background to regain Abkhazia by force", Tamaz Nadareishvili, the chairman of the Tbilisi-based Supreme Council of Abkhazia, says. The good background, in his opinion, are the NATO operation in Kosovo and the Russian-Chechen war.
"Shvidi Dge" No. 13, February 2-3, p. 3, Dito Chubinidze, "Today there is a good background to regain Abkhazia by force"
A delegation of the Georgian force ministers led by Vazha Lortkipanidze, the state minister, visited Sukhumi on February 3-4. After his tête-à-tête talks with Vladislav Ardzinba, he said the Abkhaz leadership warned him that "some forces" might attempt a provocation in Abkhazia on the eve of the presidential elections in Georgia (April 2000). The problems of repatriation of refugees and "all-for-all" exchange of hostages and dead bodies were also on the table. In Lortkipanidze’s words, Ardzinba invited Shevardnadze to Sukhumi.
"Dilis Gazeti" No. 22, February 4, p. 1, Gea news agency, "The meeting in Sukhumi"
After the January 25 incident (three Abkhaz killed and two arrested by the Georgian police) the Abkhaz deployed additional forces in the Gali district of Abkhazia and blocked the Enguri bridge. Murman Kedia, the head of the district administration, explained these measures by a rising crime rate in the region: seven Abkhaz have recently been killed in the conflict zone. Many Georgians fled the district for fear of revenge.
"Akhali Taoba" No. 33, February 4, p. 5, Tamara Absava, "The traffic along the Enguri bridge blocked"
Three Georgian hostages, Shengelia, Djikia and Basaria, were released as a result of the Georgian-Abkhaz agreement on hostage exchange (signed when the Georgian delegation visited Sukhumi on February 3-4).
"Svobodnaya Gruzia" No. 34-35, February 8, p. 1, Prime-News agency, "Hostages released"
Following the February 3-4 agreement on hostage exchange, the Georgian side passed the bodies of the three Abkhaz killed near the Enguri bridge on January 25, to Abkhaz authorities. It somewhat eased the tensions: some of the Abkhaz gunmen, which had threatened local Georgians with punitive operation if the agreement was broken, withdrew from the Gali district of Abkhazia. The rest of them continue to control some fords and ferries at the Enguri River.
"Dilis Gazeti" No. 27, February 10, p. 2, Gea news agency, "Pitsunda militants re-deployed"
Although the hostage exchange began, the relatives of the Georgians imprisoned in Abkhazia (Lashkhia, Antia and Kardava) keep on picketing the Enguri bridge. They demand to include the three into the exchange list. Meanwhile, Ashkhatsava (wounded at the Enguri bridge on January 25) was conveyed from Zugdidi to the central prison hospital in Tbilisi. He is charged with kidnapping (Article 133 of the Criminal Code).
"Akhali Taoba" No. 39, February 10, p. 5, Ada Marsagova, "Abkhaz militant conveyed to the central prison hospital"
The Abkhaz authorities released one more Georgian hostage, Gocha Zarandia, on February 14. Several others are still in captivity: Gela Zarandia (Gocha Zarandia’s brother), an army officer Mamuka Leladze, spouses Indiko and Sveta Kardava, Duda Kakabadze and his son Lado, Shukri Lashkhia and Ghia Kardava. For their part, the Georgians keep detaining two Abkhaz hostages arrested in the Zugdidi district on January 26.
"Dilis Gazeti" No. 31, February 15, p. 2, Prime-News agency, "The Abkhaz freed one more hostage"
The Tbilisi-based Abkhaz government denounced a recent Abkhaz-Georgian meeting in Vienna with participation of officials and representatives of NGOs. Tamaz Nadareishvili, the chairman of the Tbilisi-based Supreme Council of Abkhazia, said some members of the Abkhaz delegation were to blame for the genocide of the Georgians in Abkhazia, while some Georgian interlocutors supported independence of Abkhazia. He blamed the organisers of the meeting, as well the State Chancellery and Ministry of Foreign Affairs, for irresponsibility. The Abkhaz government in exile is going to send a protest note to the Georgian embassy in Austria.
"Akhali Taoba" No. 44, February 15, p. 9, Shorena Marsagishvili, "Tamaz Nadareishvili "dismissed" from the Abkhaz-Georgian talks"
Relatives of George Kardava and Shukri Lashkhia, who were arrested by the Abkhaz during the May 1998 fighting in the Gali district of Abkhazia and sentenced to 13 years’ imprisonment each, gave up picketing the Enguri bridge on February 19. However, despite the joint efforts of the Abkhaz and Georgian officials, the process of hostage exchange is delayed as Kardava’s and Lashkhia’s families hold captive two Abkhaz hostages - a 19-year-old Rudik Pachulia and 21-year-old Beslan Shinkub. For their part, the Abkhaz declined to free eight Georgian hostages (including Kardava and Lashkhia) unless Pachulia, Shinkub and two other Abkhaz hostages, Ashkhatsava and Vanacha arrested after a January gunfire near the Enguri river. Just these conditions are stipulated by the Georgian-Abkhaz protocol on hostage exchange. At the first stage, three Georgian POWs, Djikia, Shengelia and Zarandia, had been exchanged for the bodies of the Abkhaz killed during the gunfire.
"Droni" No. 20, February 22, p. 7, Nana Mamagulashvili, "The Georgian-Abkhaz barter: dead for dead, alive for alive"
Thanks to mediation of Dieter Boden, the UN envoy to Georgia, David Maisuradze, the president of the NGO of the Sport Federation of Invalids, was able to visit Sukhumi on February 22 together with some members of the federation and Georgian journalists. They met the president and members of one of the invalid associations and delivered an aid: medicines, invalid carriages and crutches. The Georgian and Abkhaz invalids agreed to co-operate in joint projects.
"Dilis Gazeti" No. 39, February 24, p. 5, Inga Mosiashvili, "The ice broken - the Sukhumi and Tbilisi invalids to co-operate with each other"
Tamila Shanava, a 75-year-old woman, resident of the Gali district of Abkhazia, was raped and killed by two Russian peacekeepers of the Chuburgini garrison. The command of the Russian peacekeeping force claimed that after the incident one of them committed suicide, while the other fled.
"Dilis Gazeti" No. 39, February 24, p. 2, Kavkaz-Press agency, "Details unveiled"
In his letter to the UN Secretary General Vladislav Ardzinba, the Abkhaz leader, protested that a proposed plan of the political status of Abkhazia was not officially notified to the Abkhaz government. At the same time, he insisted: "We are ready to consider only one issue: relations between two sovereign states - Abkhazia and Georgia".
"Akhali Taoba" No. 53, February 24, p. 3, Gea news agency, "Ardzinba vs. any status"
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Varia
Levan Berdzenishvili, the director of the National Library, said Georgia needed a law on lustration. Former KGB officers, in his opinion, must be prosecuted – to be amnestied right after a sentence.
"Kavkazsky Aktsent" No. 4, February 1-15, p. 3, "Does Georgia need a law on lustration?"
In one of his televised interviews Soso Alavidze, the chief of the Tbilisi police, said Elena Tevdoradze must take her share of the blame for a recent murder of a policeman in Tbilisi. In his opinion, her human rights activities created favourable grounds for such incidents as she advocated "rogues, gangsters and killers". Zurab Zhvania, the chairman of the parliament, was the only official to denounce his statement.
"Droni" No. 16, February 10, pp. 1, 7, Temur Shavdia, "Police chief vs. everybody"
The Adjarian police arrested Zurab Kontselidze, the chairman of the Adjarian office of the "Soviet Officers’ Union", and 23 members of the office in Batumi on February 9. The police searched Kontselidze’s house and found several grenades there. Yuza Nebieridze, the leader of the Georgian organisation of the SOU, says the grenades had been stealthily put in the house by the police. This action aims against all patriotic forces in Adjaria, he says.
"Dilis Gazeti" No. 28, February 11, p. 2, Iprinda news agency, "Soviet officers arrested in Batumi"
On February 10 the court continued to try the case of the February 9 (1998) attempt on Shevardnadze’s life. The main defendant, Guram Absandze, former finance minister, is charged with the organisation of the act of terrorism, intentional murder of five servicemen in 1992-93, the organisation of public disorder in western Georgia in 1992-93, use of false documents and embezzlement. The court had provided Absandze and his lawyer two extra months to learn the case. However, the period appeared not enough, so they demanded more time. They also asked to let them get familiar with 22 files of the case of the former commander of pro-Gamsakhurdia National Guards Loti Kobalia. The latter was sentenced to lifetime imprisonment and one on the charges against Absandze is based on his testimony. Nugzar Chukhua’s and Zurab Edjibia’s lawyers also required additional time to read their cases. Judge Tkeshelashvili satisfied all the demands. The trial will resume in two weeks.
"Dilis Gazeti" No. 28, February 11, p. 2, Maggie Kikatcheishvili, "They did not allow Guram Absandze to "use" the time"
Georgian reformers came to realise that the judiciary should not be financed only from the state budget, as long as there is the budget crisis in the country. Underfinanced judges may be tempted to break the law, they say. The authorities found a new solution to the problem: the budget law was amended so that courts would be able to function on self-financing principles. (It means that the court will get some money from the tax that you pay when applying to court; they say the tax will grow respectively. – CIPDD.) Courts will get, however, some budgetary money as well.
"Shvidi Dge" No. 11, February 13, p. 2, Maia Dzirkvelishvili, "The authorities made a desperate step: courts will pay for themselves"
A next stage of the legal reform is about to commence in Georgia. The Procurator’s Office will be reformed right after the presidential elections. The concept of the reform is similar to that of the judiciary reform - procurators will be required to pass qualification tests. However, the procurator general will be free from the exam.
"7 Dge" No. 18, February 16-17, p. 7, Nika Samkharadze, "It is procurators’ turn"
At their recent press-conference, Gela Nikolaishvili and Giga Bokeria, Georgian human rights activists, highlighted violation of Lasha Kartvelishvili’ rights. He is suspected of having killed a policeman. Although he has not been tried yet, Soso Alavidze, the Tbilisi police chief, declared him guilty. Besides, Kartvelishvili was under preventive detention for two weeks since the court issued a warrant for his arrest. In Bokeria’s words, this means not only violation of the suspect’s rights but also low efficiency of the legal reform. Neither Nikolaishvili nor Bokeria believes that Kartvelishvili was injured when falling down from stairs (the official version). Both feel sure that he was beaten and tortured. Bokeria also denounced Alavidze’s statement - the latter praised the police who, in his words, abstained from lynching Kartvelishvili and was so kind as to crack down only on criminals but not on every citizen of Tbilisi after the murder.
"Akhali Taoba" No. 46, February 17, p. 7
The trial of Gulua, Maraneli, Edjibia, Zarandia, Chukhua, Kobalia, Todia, Shelia, Zarkua, Kudava, Todria, Kakachia (the last three are at home under police surveillance) and Guram Absandze, former finance minister, charged with the act of terrorism of February 9 (1998) against President Shevardnadze, continued on February 24. Absandze’s lawyer solicited to free his defendant as there has been too many infringements of legal procedures in his case. The solicitation should be examined by the procurator who must respond in writing. The next session of the trial is scheduled for February 28. (The procurator refused, of course. – CIPDD).
"7 Dge" No. 22, February 25-27, p. 7, Lali Rozomashvili, "Guram Absandze was taught how to love the law when in prison"
The Repatriation Service of the Ministry of Refugees and Accommodation is developing a bill on rehabilitation and naturalization of the Muslim Meskhetians deported to the Central Asia in 1944 and their descendants. According to Guram Mamulia, the head of the service, the bill will be examined by the government and the parliament after the presidential elections. He says that 667 Muslim Meskhetians have already returned to Georgia; a hundred of them have not been granted Georgian citizenship so far.
"7 Dge" No. 23, February 28-29, p. 2, Prime-News agency, "The problem of Muslim Meskhetians to be solved after the elections"