South Caucasian Human Rights Monitor
published by the Caucasian Institute for Peace, Development and Democracy
with the help of the Winston Foundation for Peace
Editor: Emil Adelkhanov-SteinbergPart 3
Human Rights in GeorgiaMarch 2000
On the eve of presidential elections
At his 8 March meeting with Chairman of Parliament Zurab Zhvania, the head of the observer mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) said 150 observers would come under the aegis of ODIHR to monitor the 9 April presidential elections in Georgia; 20 of them would observe the whole process from the beginning to the end.
"Akhali Taoba" No. 67, March 8, p. 3, Gea news agency, "150 OSCE observers to monitor the elections"
The parliament amended the election law: the number of the ruling party members in election commissions is reduced, the procedure of complain is changed, decisions of the Central Election Commission should be made by a 2/3 of the votes (a simple majority vote was required before), ballot-papers must be certified by the chairman and two members of an election commission (one of them must represent opposition).
"Dilis Gazeti" No. 53, March 11, p. 4, Sofiko Tzilosani, "The election law put in order"
Seven candidates are going to run the coming presidential elections: Aslan Abashidze, Tengiz Asanidze, Avtandil Djoglidze, Kartlos Gharibashvili, Djumber Patiashvili, Eduard Shevardnadze and Vazha Zhgenti. One of them, T. Asanidze , is still in the Batumi preventive detention wards, though he was pardoned by the president last October. The candidacy of another detainee, Guram Absandze, indicted for an attempt on Shevardnadze’s life, was rejected by the Central Election Commission on the ground that he failed to provide the required number of signatures of his supporters (the CEC had declared 35 thousand signatures of his supporters invalid) and had not lived in Georgia for the last two years as required by the election law.
"Dilis Gazeti" No. 53, March 11, p. 7, Sofiko Tzilosani, "The number of the candidates dropped to seven"
Three members of the Central Elections Commission are going to Batumi in a day or two in order to persuade the Adjarian leadership to release Tengiz Asanidze, the imprisoned presidential candidate, for the pre-election campaign.
"Shvidi Dge" No. 37, March 28, p. 3, Ucha Toradze, "The CEC moving to Batumi to free Asanidze"
Discrimination on ethnic grounds
Zoya Kodalova is one of the seven teachers of Secondary School No. 1 of the town of Kareli (Ms Nina Gubayeva, Ms Ruizan Pilishvili and others), who were fired for "being of Ossetian origins and having an Ossetian family" on 4 March, 1991, when the Georgian-Ossetian conflict was at its height. Like many other Ossetians, she had to emigrate from Georgia after that. After coming back in 1998, she brought a lawsuit demanding to restore her in office. The Kareli district court turned away her application, claiming that the legal deadline had expired; so did the Supreme Court. (According to the law, such actions should be brought within a month after a dismissal; in case of a justifiable reason, the period of protest may, however, be restored by a court.) In answer to a protest of the supervision commission, the Supreme Court resolved that the unseemly record of the reason of her dismissal must be changed, but did not restore her in office. She appealed to the Supreme Court Board, but it turned away her appeal, pleading the expired deadline. (At the time, the board was presided by Mr Mindia Ugrekhelidze, who soon became a member of the Strasbourg international court. – CIPDD)
"Dilis Gazeti" No. 56, March 15, p. 7, Besik Kurtanidze, "The Ossetian Schindler’s list"
Zviadists complain
Vaso Memarnishvili, a former policeman, resolved to give up his Georgian citizenship in protest against his dismissal. He was dismissed nine years ago as a Gamsakhurdia’s supporter and has failed to regain his office ever since. The Personnel Department of the Ministry of Internal Affairs says his application was not been filled properly: he did not give them his address so they could not answer him; besides, his personal file has been sent to the town of Akhaltsikhe (goodness knows why) and is still there. The ministry promised to sort out the problem.
"Alia" No. 38, March 9-10, p. 5, Nana Vasadze, "Former policemen rejecting Georgian citizenship"
After Leila Tsomaia, one of the leaders of the "Zviadist" movement, was beaten by two unidentified men in Tbilisi on March 30, she was hospitalised in Clinic No 5 with concussion. In her words, "Zviadists" were going to launch a protest action on March 31, Zviad Gamsakhurdia’s birthday, and she was neutralised as one of its organisers. Many leaders of the national movement, including Nodar Natadze, the chairman of the Popular Front, believe that the incident should be blamed on the government.
"Akhali Taoba" No. 89, March 31, p. 8, George Kvitashvili, "Leila Tsomaia assaulted" __________________________________________________________
Chechens complain
A Chechen, Lioma Akhmedov, who is indicted for banknote forgery, has been on hunger strike for a month in Preventive Detention Ward No 1. His case was first tried in the Krtzanisi district court of Tbilisi. Now it is being examined by the Tbilisi regional court. The other day Elena Tevdoradze, the chair person of the parliamentary human rights committee, visited him in prison. She cited him as saying that the police had confiscated his $4,500 and found two forged banknotes among them. He says he does not trust his interpreter (his trial is carried out in Georgian, the language that he does not understand). Tevdoradze is going to apply to the regional court and find out why the trial is dragged out (the last hearing was carried out on 5 January). She will also ask Chechnya’s spokesman in Georgia to provide Akhmedov with a good interpreter.
"Shvidi Dge" No. 27, March 8-9, p. 6, "An imprisoned Chechen accusing the Georgian police of injustice"
According to Seidamin Ibragimov of the Chechen International Human Rights Committee, 62 Chechens who tried to start a peace march to Azerbaijan were blocked by the Georgian police and security forces near the village of Matiani, Akhmeta district, on 14 March. One of them was beaten, he says. When asked, Hizri Aldamov, Chechnya’s representative in Georgia, said the action had not been co-ordinated with the Georgian authorities and, therefore, could not be considered legal.
"Dilis Gazeti" No. 56, April 15, p. 2, Iprinda news agency, "Illegal peace march blocked near Matiani"
The police and security officers blocked 60 Chechen refugees near Lagodekhi late at night on March 27 when they attempted at a peace march to Azerbaijan and forced them back to the Pankisi Valley (an area along the Chechen sector of the Russian-Georgian border which is currently dominated by Chechen refugees).
"Shvidi Dge" No. 27, March 27-28, p. 3, Brief news
Pensioners complain
Pensioners of the interior and defence ministries rallied in Tbilisi on 24 March in protest against arrears of their pension - they have not been paid their pensions for the last nine months. Although it was not the first such an action, the situation remains unchanged. According to the newspaper, there are 11 thousand pensioners in the interior ministry and 12 thousands in the defence ministry.
"Dilis Gazeti" No. 65, March 25, p. 19, Eka Gulua, David Iakobashvili, "23 thousand people could overturn the whole country"
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Freedom of press
Georgian mass media was bribed by a "corrupted fifth column", including a part of the ruling elite, into slandering the president and his relatives as perpetrators of economic crimes, Vakhtang Kharchilava of the Intellectual Centre New Mentality of Georgia, said in his recent interview with the semi-official "Sakartvelos Respublika" newspaper (Nos. 54-56). He demanded to take journalists in hand by adopting a new law on mass media.
"Svobodnaya Gruzia" No. 58-59, March 2, p. 3, Vakhtang Kharchilava, "Acts of terrorism on the rebound"
At first, those three out of the four owners of the independent Adjarian TV company "TV-25", who had been forced on February 18 to cede 3/4 of the company shares to an Adjarian boss, fled to Tbilisi and were going to bring a lawsuit. (The fourth owner with a 25% holding in the company was out of Adjaria on that day and kept his share.) Then one of them was talked into getting back to Batumi. The two others are going to meet the US ambassador.
"Dilis Gazeti" No. 49, March 7, Goga Chanadiri, "New details of the TV-25 scandal"
The insurance company "Imedi Eli" founded by the international company "ESG" is going to sue Akaki Gogichaishvili, a journalist of the independent TV company "Rustavi-2" who is running a series of investigation programmes "60 minutes". In one of them, which was focused on corruption in the United Trade Unions of Georgia (the successor of the Soviet trade unions), he claimed that the UTU leadership maintained financial relations with the company (reportedly, UTU have a 15% holding in it).
"Rezonansi" No. 65, March 10, p. 3, Marianna Imnadze, "A scandal between insurance and TV companies"
Amnesty International appeals to Elena Tevdoradze, the chair person of the parliamentary human rights committee, to clarify why Temur Mghebrishvili, the commander of the special police force, was never punished despite several violations of law such as, for instance, the beatings of journalists (Kote Vardzelashvili and Gogi Kavtaradze of the Liberty Institute in September 1998; Aleko Tskitishvili of the "Rezonansi" newspaper in November 1998) or the misterious death of Nugzar Lezhava, former member of Gamsakhurdia’s government, during a police crack-down on a hunger strike of the "Zviadists". (The procurator’s office has instituted legal proceedings with regard to each of these cases, but they were hushed up.)
"Rezonansi" No. 69, April 14, p. 3, Ushangi Turava, "Mghebrishvili’s "heroic deeds" reached Amnesty International’s ears"
Last spring journalist Zura Katchlishvili from the newspaper Kviris Palitra, who visited the town of Telavi to gather information, was forced into a car by unidentified people and conveyed to a neighbouring wood. They warned him against writing critical articles about the head of the Telavi district administration, Ms Medea Mezvrishvili. Soon afterwards, the editorial office received a telephone call, as if from the police, that Katchlishvili’ body was found at a cemetery. The news appeared false. It was followed by another call with menaces. A month later Katchlishvili was again forced into a car, this time in Tbilisi, and driven out of the city. He was beaten and demanded to reveal whereabouts of Igor Giorgadze, the former security minister who is wanted by the Georgian police in connection with an attempt on Shevardnadze’s life. (Earlier, Katchlishvili had had an interview with Giorgadze.)
The newspaper highlights some other cases of attacks against journalists, such as a strange explosion in the flat of David Akubardia, the president of the independent TV company "Kavkasia", the beating of Aleko Tskitishvili, a journalist of the "Resonance" newspaper, by Temur Mghebrishvili, the commander of the special police force, and the persecution of journalist Clara Abramia on the part of the police leadership, particularly, the interior minister.
"Kviris Palitra" No. 12, March 20-26, p. 6, Nellie Tskitishvili, "Journalists on a shorter rein"
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Freedom of religion
Having lost the case against two organisations of Jehovah Witnesses in the Isani-Samgori district court of Tbilisi (he demanded to abolish their registration), Guram Sharadze MP told journalists about their crimes: he said they had made the parliament adopt the law on alternative non-military service and they had drowned a baby in a lavatory. He also said he was going to appeal to the Tbilisi regional court.
"Akhali Taoba" No. 60, March 2, p. 6, Tamara Ninidze, "Jehovah Witnesses drowned a baby in a w.c. in [the village of] Tkviavi"
The press centre of the Patriarchate of the Georgian Orthodox Church says the Jehovah Witnesses were able to win the case due to the absence of a law on religion. The Patriarchate has been pressing for such a law, as well as for a special contract between the State and the Orthodox Church, for a long time.
"Dilis Gazeti" No. 45, March 2, p. 2, Prime-News agency, "Jehovah Witnesses won because of the absence of a law on religion"
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Emprisonment conditions
Representatives of HR NGOs and the ombudsman’s apparatus visited two penitentiaries - Avtchala strict regime colony and a teenage colony - on March 4 to learn the results of their resubordination from the Ministry of Internal Affairs to the Ministry of Justice. The administration of the Avtchala colony still complains about material problems: the colony has no dining-room, two out of its three barracks need repairs, while the state allocates only 0.8 GEL (c. $0.40) a day per each prisoner. In the words of the chief of the colony, high unemployment is the most serious problem in the colony. He says the efficiency of the guard service improved after the servicemen of Internal Troops were replaced with contract workers. He says the law became more humane to prisoners, but he suggests that the number of long visits of their families should be increased (under the current law, prisoners in strict regime colonies can have three tree-day visits a year). Many prisoners, in his words, have become rather religious and are now building a chapel for an icon of the Virgin.
"Rezonansi" No. 61, March 6, p. 3, Aleko Tskitishvili, "Our Lady crying after the reform"
Representatives of the ombudsman’s apparatus continue monitoring the results of resubordination of the penitentiary system to the Ministry of Justice. Just now they have visited Preventive Detention Ward No. 5 and revealed the same problems there as in other wards: poor sanitary conditions and half-ruined barracks.
"Akhali Taoba" No. 67, March 8, p. 7, Tamara Absava, "Prison 5 visited by the acting ombudsman"
The trial of Gurab Absandze et al.
Guram Absandze, the former finance minister of Zviad Gamsakhurdia’s government indicted on a charge of preparing the February 1998 attempt on Shevardnadze’s life and some other crimes, was transferred to the central prison hospital for reasons of health. His state of health is reported as satisfactory now.
"Rezonansi" No. 58, March 3, p. 2, Gea news agency, "Absandze hospitalised"
The trial was postponed after Fenix Gulua, one of those indicted for the February 9, 1998, attempt on Shevardnadze’s life, sewed up his mouth in the court-room at the 9 March hearing of their case: he demands to transfer him to the central prison hospital for reasons of health. Earlier, he had carried out, with this aim in view, a 27-day hunger-strike in the Preventive Detention Ward No 5.
"Akhali Taoba" No. 68, March 10, p. 7, Daredjan Meparishvili, "Defendant Gulua sewed up his mouth"
At the 14 March trial of the 9 February, 1998, attempt on Shevardnadze’s life, the lawyer of Guram Absandze (finance minister of Gamsakhurdia’s government) demanded to free him in the court-room as, in his opinion, he had been arrested in breach of law. As the judge rejected his demand, the lawyer demanded to change the judge, but the court disagreed.
Another defendant, F. Gulua, who had sewn his mouth at the previous hearing, was transferred to the central prison hospital.
"Akhali Taoba" No. 73, April 15, pp. 7-8, Daredjan Meparishvili, "If Gamsakhurdia was a bandit, so am I"
At the 20 March hearings of the case of Guram Absandze, the former finance minister of Zviad Gamsakhurdia’s government, and his co-defendants the court continued listening the statement of indictment, but there was a hitch: one of the defendants, Zaur Gulua, declared he did not know Georgian (he speaks only Mingrelian) and was hard of hearing. A specially assigned interpreter failed to help him understand the situation. The session was postponed after the indictment was read up to the end. The defendants are indicted on charges of having instigated a civil war in West Georgia in 1992-93, banditry, an attempt on Shevardnadze’s life, and having done an important damage to the State (5 mln GEL = $2.5 mln).
"Akhali Taoba" No. 79, March 21, p. 4, Daredjan Meparishvili, "Guram Absandze and his gang stole 5 mln GEL from the State"
The next hearing of the case of Guram Absandze et al. was rather short. Zaur Gulua’s lawyer asked for a medical examination for his client: he says Gulua is hard of hearing, illiterate (he failed to continue his schooling after three forms of a primary school) and has never been able to learn Georgian (he speaks only Mingrelian). The judge satisfied the solicitation but noted that Gulua had been able to speak to Anzor Baluashvili, deputy procurator general, and Rusudan Beridze, human rights secretary of the National Security Council, when they visited him in prison.
"Akhali Taoba" No. 80, March 22, p. 7, Daredjan Meparishvili, "Does Gulua "the Terrorist" know Georgian or not?"
Political prisoners on hunger strike
The leaders of 14 opposition parties (Constantine Gamsakhurdia Society, Popular Party-Didgori, Chkondideli Union of Traditionalists, etc.) issued a common statement on 2 March demanding to free all the political prisoners who were not indicted for criminal crimes. The author reminds that when being MPs (in 1995-99), six of the 14 were too cautious to raise the question of political prisoners.
"Dilis Gazeti" No. 46, March 3, Sofiko Tsilosani, "The theme of political prisoners on the agenda"
The All-Georgian Human Rights Association had declared 6 March Political Prisoner’ Day. George Kervalishvili, the president of the Association, launched a press conference that day. In his words, four Zviadists, David Bitchashvili, Murtaz Djalagonia, Kakha Djikonaia and Bidzina Gudjabidze (the first of them has been on hunger strike since last year demanding resignation of the "bloody junta", he says), have been on hunger strike in the central prison hospital since 2 February, demanding to amnesty all political prisoners and cease the persecution of Zviadists. Kervalishvili also told journalists that Shalva Shanidze, a political prisoner (Preventive Detention Ward No.1 in Rustavi), had been long requiring hospitalisation but all his requests were rejected on political grounds. Another political prisoner, Gocha Djokhadze, needs surgery but he lacks money to this end. According to Kervalishvili, the female prisoners who carried out a hunger strike this February were so tortured that one of them nearly committed suicide.
"Akhali Taoba" No. 65, March 7, p. 8, Guliko Baladze, "The first political prisoners were Dokvadze, Gelbakhiani and the guys from the Kvareli Forest"
In an attempt to persuade the imprisoned "Zviadists" into ceasing their hunger-strike, Elizbar Djavelidze MP, former minister for education (in Zviad Gamsakhurdia’s government), visited the central prison hospital but to no effect. The "Zviadists", who have been on hunger strike for more than a month, are determined to go on with their action until the bitter end: "Responsibility for our death will fall on the bloody junta," they say.
"Alia" No. 38, March 9-10, p. 5, Tamara Lomishvili, "Zviadists keep on threatening"
The four imprisoned "Zviadists", who have been on hunger strike in the central prison hospital since February 2 demanding to stop persecuting their comrades and their families and amnesty all political prisoners, are threatening to commit suicide unless their demands are satisfied. They demand a meeting with representatives of the UN, Council of Europe, OSCE, foreign embassies, local and foreign NGOs, as well as the right of entry into penitentiary institutions for journalists and local political and other public organisations.
"Akhali Taoba" No. 71, April 13, p. 7, Daredjan Meparishvili, "The whole world will speak about the action in Georgia"
Twelve imprisoned "Zviadists" – Zviad Dzidziguri, Soso Kuprava, Goderdzi Mtchedlishvili, Ramaz Vanishvili (Avtchala Colony), Dato Bendeliani, Zaza Kiraia, Temur Kvaratskhelia, Zalogi Kvaratskhelia (Rustavi Colony 2), George Korbesashvili, Tamaz Mamadashvili (Ksani Colony), Givi Ioramashvili and Gela Nanadze (Khoni Colony) – joined the hunger strike of the four patients of the central prison hospital on 13 March.
"Akhali Taoba" No. 72, April 14, p. 7, Daredjan Meparishvili, "The "Zviadists" began a mass hunger strike in prisons yesterday"
Two imprisoned "Zviadists", Irakli Dokvadze and Petre Gelbakhiani, declared their solidarity to the hunger strike, which was commenced by the four prisoners of the central prison hospital and then joined by "Zviadists" in other Georgian prisons. The hunger strikers demand a universal amnesty for political prisoners.
"Akhali Taoba" No. 80, March 22, p. 4, Daredjan Meparishvili, "Dokvadze and Gelbakhiani declared solidarity to the hunger strikers"
According to Nana Kakabadze, the chair person of the NGO "Political Prisoners for Human Rights", activists of her organisation were not able to visit the political prisoners who are currently on hunger strike demanding a meeting with NGOs. In her words, deputy justice minister Erik Svanidze told her that a permission to visit the prisoners might only be given by Givi Kvarelashvili, the head of the penitentiary department, but the latter just hid from her.
"Dilis Gazeti" No. 64, March 24, p. 2, Maggie Kikacheishvili, "Givi Kvarelashvili, the invisible man"
Nine former members of the Supreme Council of Georgia (in times of Zviad Gamsakhurdia), who are currently living as emigrants in some western countries (Finland, France, Germany, Holland and Poland), called upon the Georgian government to free all political prisoners. One of them, Viktor Domukhovsky (Warsaw), told journalists that there were about 100 political prisoners in Georgia.
"Akhali Taoba" No. 85, March 27, p. 2, Prime-News agency, "Emigrant "Zviadists" demanding to free political prisoners"
The number of hunger strikers demanding to free political prisoners has reached 42, according to the newspaper: the strike was joined by Gela Khaduri and Djemal Akhalaia in the Ksani colony, Zaur Kobalia, Zaza Danelia and Djemal Okudjava in the Avtchala colony and others. The co-ordination council of pro-Zviadist political parties launched a press conference to declare that mass protest actions would soon be started to show solidarity with political prisoners.
"Akhali Taoba" No. 85, March 27, p. 9, Daredjan Meparishvili, "The action will begin outside the State Chancellery and spread over the whole city"
Levan Urushadze, the chairman of the Georgian office of the Internationale Geselschaft fuer Menschenrects / International Human Rights Society, was prohibited from visiting the hunger strikers in the Avtchala colony. Political prisoners of the colony demand to enforce the law which stipulates that NGOs and mass media may visit penitentiary institutions.
"Akhali Taoba" No. 89, March 31, p. 7
In and about Abkhazia
Alexander Rusetsky, co-ordinator of the Georgian branch of Helsinki Citizens’ Assembly, published his book "From Ethnic Centrism to a National Idea" with his views of the prospects of the settlement of the Abkhazian problem.
"Akhali Taoba" No. 61, March 3, p. 9, Zaza Bakashvili, "Five levels of the Abkhaz conflict"
A joint investigation group was created to investigate acts of terrorism and other crimes in the conflict zone of Abkhazia. The group is made up of Georgian and Abkhaz law-enforcement officials and Russian peacekeepers.
"Shvidi Dge" No. 26, March 6-7, p. 2, Brief news
Three Georgian prisoners were shot to death by Ozbak Kamkia, a guard of the Dranda prison (Abkhazia). The interior ministry of the self-proclaimed Abkhaz republic says they were killed when attempting to escape.
"Kviris Palitra" No. 11, March 13-19, p. 2, Kavkaz-Press agency, "Three Georgians executed in the Dranda prison"
The book "The Caucasus is not the original homeland of the Georgians" by Igor Marikhuba, an Abkhaz scholar, has been issued by the publishing house "Alashara" in Sukhumi: the problem of "guests" and "hosts" is still discussed.
"Akhali Taoba" No. 386, March 28, p. 3, "The Georgians did not live in the Caucasus"
In one of his interviews with Abkhaz Press Rafail Mindjia, a high-ranking security officer of the self-proclaimed Abkhaz republic, claimed the activities of Jehovah Witnesses to be a form of ideological subversion inspired by Georgian secret services which, in his words, aim to restore the Georgian jurisdiction in Abkhazia after it is disarmed by Jehovah Witnesses. On October 10, 1995, Vladislav Ardzinba, the Abkhaz president, ordered to outlaw Jehovah Witnesses in Abkhazia. However, the sect continue functioning in secrecy, is steadily increasing in numbers and includes "even some close relatives of Abkhaz soldiers lost in the Abkhaz Patriotic War".
"Akhali Taoba" No. 89, March 31, p. 5, Gea news agency, "Ardzinba concerned with Jehovah Witnesses"
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Varia
According to the newspaper, Georgian investigators have enough evidence that the January 1999 defilement of the Jewish Cemetery of Tbilisi was committed by soldiers of a Russian military unit which is deployed near the spot. However, the Georgian government preferred to hush up the scandal for political reasons.
"Droni" No. 37, March 7-8, p. 5, Nana Vasadze, "A hushed up political scandal"
The forthcoming reform of the Procurator’s Office continues to top the agenda. The reform will begin with compulsory qualification exams for all procurators, no matter in office or would-be. The office of the procurator general is currently in the centre of the debate: his subordinates insist that he should be freed from the exams as his competence is beyond any doubts. The reformers do not share this opinion. They did, however, compromise during the reform of the judiciary: the members of the Supreme Court were not required to take exams.
"Rezonansi" No. 62, March 7, p. 4, Rusiko Mumladze, "The procurator general facing a dilemma"
According to official sources, the project "Municipal Lawyer" which was supported by the Tbilisi Sakrebulo (city council) was held up because of financial constraints. In fact, however, the police chiefs oppose the project and do not allow lawyers into police stations. Alan Friedman of the US Lawyers’ Association says the Association is ready to finance the project that aims at the round-the-clock monitoring of police stations and legal advice to the arrested.
"Rezonansi" No. 63, March 8, p. 4, Eliso Chapidze, "The police against the institution of the Municipal Lawyer "