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-Steinberg

Part 3
Human Rights in Georgia

May 2000

Ombudsman for Georgia

President Shevardnadze supports Nana Devdariani, a member of the Socialist Party (pro-Batumi bloc "Revival"), as a candidate for ombudsman. So does Elena Tevdoradze, the chairperson of the parliamentary human rights committee. The parliamentary group of Manufacturers proposed Vakhtang Dzabiradze MP of the Republican Party as an alternative candidate.

"Akhali Taoba" No. 119, May 3, p. 2, Mail-Express news agency, "The President and Tevdoradze share opinion about candidates for ombudsman"

At their joint press conference two NGOs – "Liberty Institute" and "Former Political Prisoners for Human Rights" – on behalf of several other human rights NGOs disapproved of Mrs Devdariani and Mr Dzabiradze as candidates for ombudsmanship: neither of them could be independent and impartial, they said.

"Droni" No. 52, May 4, p. 4, Iprinda news agency, "NGOs against candidates for ombudsmanship"

Mass media

Following one of the TV shows of Akaki Gogichaishvili (the author of the journalist investigation programme "60 minutes" of the independent TV company "Rustavi-2") about corruption in the Georgian Writers’ Union, Eduard Shevardnadze issued a special order for the Office of Procurator-General, Ministry of State Security, Ministry of Internal Affairs and Audit Chamber to investigate the case. Gogichaishvili was summoned to testify to the Office of Public Defender. He says he is afraid of an arrest, for the pressure on the TV company increased remarkably after the April presidential elections: the members of his team are threatened in the streets, and one of them quitted the job after he was told that his child might be killed unless he gave up his activities.

"Rezonansi" No. 127, May 14, p. 3, Dato Bakradze, "The whole week on one page"

The trial of Devnoz Gabatashvili, a traffic police inspector, began in the Tbilisi regional court – it is the first case when a policeman is tried for beating a journalist. On October 14, 1999, Gabatashvili and several other policemen (Bagashvili, Bakradze, Bekauri and others) beat George Kapanadze, a reporter of the "Rezonansi" newspaper, so that the latter had to spend a month in hospital (concussion). Now he is charged with exceeding his authorities (Article 187) and intentional injuring (Article 111). The investigation failed, however, to prove responsibility of the other policemen. The victim's lawyer demands $100,000 demand. Remarkably, when Iza Shakarashvili, a reporter of the "Ecodigest" newspaper, attempted to interview Mr Gabatashvili in the lobby of the court, he nearly shoved her down.

"Rezonansi" No. 129, May 16, pp. 1, 2, Zura Guruli, "Another victim of the police"

The Tbilisi regional court continues to try the case of the police officer who beat George Kapanadze, a reporter of the "Rezonansi" newspaper. Kapanadze’s lawyer claims that two other policemen – Bekauri, the commander of a police squad, and Inspector Bakradze – must be prosecuted as well. One of the prosecution witnesses said yesterday he was ready to submit the audiotape with the record of the police attempting to bribe him into disavowing his testimony against the defendant.

"Rezonansi" No. 133, May 20, p. 2, Marina Maisashvili, "Rezonansi" scored a penalty against the traffic police"

Akaki Gogichaishvili, the journalist of the "Rustavi-2" TV company and the author of the "60 minutes" programme probing into corruption, launched a press conference on May 19 to tell that he had been summoned to the office of Deputy Procurator-General Anzor Baluashvili, who warned him that he might be prosecuted if his programme continued. The next day, Gogichaishvili says, a relative of his delivered him a message from the procurator’s office: he had better leave the country; otherwise he might be assassinated. He says his programme has long been under pressure so he has had to abandon several topics connected with corruption in the government and financial activities of the president’s relatives.

"Akhali Taoba" No. 136, May 20, pp. 2, 4, Tamara Absava, "Akaki Gogichaishvili threatened with murder"

About 60 NGOs and some political parties hold a meeting outside the State Chancellery in protest against the bullying of Akaki Gogichaishvili, the journalist of the "Rustavi-2" TV company and the author of the "60 minutes" programme probing into corruption. The organisers of the action say the meeting would continue until Shevardnadze officially denounces persecution of free media.

"Rezonansi" No. 135, May 22, pp. 1, 5, George Kapanadze, "President! Are you for freedom of speech or for persecution of free media?"

The NGOs resumed their protest action in support of Akaki Gogichaishvili, the journalist from Rustavi-2, outside the State Chancellery yesterday. The protesters are determined to continue their action until the president states his position concerning violations of freedom of speech.

"Akhali Taoba" No. 141, May 25, pp. 7, 8, Mamuka Bakashvili, "Why does the president keep silent about 60 minutes?"

Tamaz Tsivtsivadze, the chairman of the Writers’ Union, brought a lawsuit against the "60 minutes" programme, which had earlier reported financial violations in the WU. He claims $5 mln damages.

"Rezonansi" No. 136, May 25, p. 3, Prime-News agency, "Tsivtsivadze hopes to get $5 mln"

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Religion and society

Basil Mkalavishvili, the unfrocked priest famous for his radical orthodox views, and his flock hold a meeting with sacred icons and pealing outside the parliament on May 17, demanding to declare Orthodox Christianity the state religion and ban Jehovah Witnesses activities. They also burnt big photos of Giga Bokeria of the Liberty Institute with the writing: "Giga Bokeria: Judas, defender of Jehovah Witnesses" (and tried to beat Levan Ramishvili, the director of the Institute, when the latter expressed his resentment after Father Basil said, "Now we are burning just his picture, but we’ll burn himself too." – CIPDD).

"Droni" No. 58, May 18, p. 2, Tamara Maisuradze, "Father Basil, the saviour of the Georgian Church"

The other day a group of Christian Orthodox activists hold a meeting outside the office of the "Rustavi-2" TV company in protest against the planned broadcast of Martin Scorcese’s film "The Last Temptation of Christ". As a result, the company had to cancel the broadcast.

"Shvidi Dge" No. 57, May 19-21, p. 1, Zurab Gogoberidze, "The democracy Georgian style"

National reconciliation and pardoning

As a follow-up to the April 20 resolution on discharge of those indicted for crimes committed during the 1991-92 civil war, the parliament resolved on May 19 to set up a national reconciliation commission under the chairmanship of Basil Maglaperidze MP (a reformist-minded fellow from the ruling party).

"Dilis Gazeti" No. 112, May 20, p. 2, Gea news agency, "The national reconciliation commission created"

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Hunger strikes in custody

On May 4 Elena Tevdoradze, the chair of the parliamentary human rights committee, visited Preventive Detention Ward No 5 to meet four detainees – Otar Melikidze, Soso Nadiradze, Archil Pandjikidze and David Tsotsoria – indicted for high prison and preparing an attempt on Shevardnadze’s life in May 1999 (12 suspects were arrested then, two are still wanted). One of them, Otar Melikidze, threatens to commit suicide. He has been on hunger strike since May 1; the others joined him the other day. All the four plead not guilty. In Tevdoradze’s words, Melikidze’s health conditions are extremely bad: his eye is damaged, his foot is burnt (by an electric shock, he says). He claims to have been severely tortured for 11 days after his arrest. He gave the name of one of his torturers: Kekua. The prisoners ceased their hunger strike after her visit, Tevdoradze said.

"Meridiani 44" No. 2, May 5, p. 3, Prime-News agency, "Tevdoradze visited a prisoner who was about to commit a suicide"

Rusudan Beridze, human rights secretary of the National Security Council, said the prisoners of the Khoni colony (former military servicemen and law-enforcement officers who participated in interethnic conflicts), who has been on hunger strike since April 29 demanding a presidential pardon, had no grounds to appeal since the presidential decree applied to quite another category of the prisoners – those who had committed some crimes for political reasons in 1991-92. Together with Mr Kvarelashvili, the head of the penitentiary department, she is going to visit the hunger-strikers on May 6.

"Akhali Taoba" No. 121, May 5, p. 3, Gea news agency, "Rusudan Beridze considers the demands of the prisoners of the Khoni colony groundless"

Three out of the four detainees of Preventive Detention Ward No 5 are going on with their hunger strike. They say they resorted to it because they were deprived of the possibility to read their files. Malkhaz Salakaia, deputy head of the investigation service of the Ministry of State Security, says they lie but acknowledges that one of the four, Soso Nadiradze, ceased his hunger strike once he was allowed to read the file of his case (on May 8).

"Akhali Taoba" No. 125, May 9, Prime-News agency, "Nobody hampers the suspects to read their files"

Only Archil Pandjikidze continues his hunger strike, the three others stopped. Murtaz Salakaia, deputy head of the investigation service of the Ministry of State Security, says he knows nothing about Pandjikidze’s reasons or demands.

Prime-News agency, "Akhali Taoba" No. 131, May 15, p. 7, "A prisoner charged with an act of terrorism which did not take place is still on hunger strike"

Archil Pandjikidze, Otar Melikadze, David Tsotseria and Soso Nadiradze have been on "dry" hunger strike in Preventive Detention Ward No 5 for the last seven days, protesting against the authorities’ policy to prevent them and their lawyers from reading the file of their case in time.

"Akhali Taoba" No. 142, May 26, p. 7, Tamara Absava, "My death will prove the authorities what injustice they committed"

After the ombudsman’s office stepped in, the hunger strike of Archil Pandjikidze, Otar Melikadze, David Tsotseria and Soso Nadiradze in Preventive Detention Ward No 5 is not "dry" any more: they began to accept fruit juices and water but are still refusing to take food. They demand to be allowed to learn their cases together with their lawyers as soon as possible.

"Akhali Taoba" No. 146, May 30, p. 9, Tamara Absava, "Prisoners ceased their "dry" hunger strike on the 10th day"

Other political prisoners

Irakli Dokvadze and Petre Gelbakhiani, convicted of an attempt on "Mkhedrioni" leader Djaba Ioseliani’s life, when several innocent people were killed, were transferred to the Avtchala strict regime colony a day or two ago.

"Dilis Gazeti" No. 118, May 27, p. 2, Gea news agency, "Dokvadze and Gelbakhiani conveyed to a strict regime colony"

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The policeman killed a man

The Sighnaghi district public prosecutor’s office has got through the investigation of the case of Abulashvili (the policeman who shot dead 19-year old Zviad Bagashvili, the teenager from the village of Tsnori, Kakheti region, in December 1999) and passed it to the Kakheti regional office. The policeman will be tried in the Tbilisi regional court. He is still at large.

Elena Tevdoradze, the chair of the parliamentary human rights committee, says that since she began to oversee the case she has only managed to get his indictment changed – from exceeding his authorities (Art. 187) to intentional murder without aggravating circumstances (Art. 105). Lia Mukhashavria, the lawyer of the victim’s family and the chairperson of the NGO "Article 42", says, however, that Abulashvili should have been charged with intentional murder under aggravating circumstances (Art. 104).

"Akhali Shvidi Dge" No. 17, May 5-11, p. 2, "Confrontation expected"

In and about Abkhazia

Two Georgians – Jeka Khuntsaria, 23, and Roland Kharchilava, 30 – and one unidentified Abkhaz were killed in a clash in the Zugdidi district late on May 16 night. According to Georgian law-enforcement agencies, Abkhaz gunmen crossed the Enguri River to abduct Georgians.

"Rezonansi" No. 130, May 17, p. 6, Rusiko Mikava, "Two Georgians and one Abkhaz died in a bloody clash"

The Abkhaz police reportedly killed 30-year-old Raigul Badzagua in the preventive detention wards of Gali, Abkhazia. He had been arrested without any explanation in the village of Nabakevi, Gali district of Abkhazia, two months earlier.

"Alia" No. 80, May 23, p. 2, Kavkaz-Press agency, "The Abkhaz killed a Georgian"

According to Malkhaz Kakabadze, the Georgian ambassador to Russia, 1,200 civilians have been shot to death and 600 houses burnt down in Abkhazia during the last six months.

"Shvidi Dge" No. 59, May 24-25, p. 2, GMS agency, "Cannot the death of 1,200 people be called genocide?"

Vladislav Ardzinba, the president of the self-proclaimed Abkhaz republic, flatly refused to accept the proposal of UN experts to discuss with Georgian officials the possibility of division of constitutional powers.

"Dilis Gazeti" No. 117, May 26, p. 5, Kavkaz-Press agency, "Abkhazia unwilling even to discuss the division of constitutional powers"

Varia

According to Sevdia Ugrekhelidze, a lawyer, the police arrested two Zviadists in Zugdidi a day or two ago: Nugzar Lataria, the former prefect of the Khobi district (in the time of Zviad Gamsakhurdia), and Valeri Bzinava, a former serviceman of the National Guards. The latter is reportedly demanded by the police to pay a bribe ($6,000) to discharge him from stealing a car in 1993. Ugrekhelidze says the police are seizing every opportunity to make money before the decision of the parliamentary committee to discharge the participants of the 1991-92 events comes into force on July 1, 2000.

"Dilis Gazeti" No. 96, May 1-2, p. 2, Gea news agency, "Zviadists arrested again"

Tengiz Asanidze, who is still imprisoned in the preventive detention wards of the Adjarian security service despite the October 1999 presidential pardon, is indicted again on the charge of kidnapping Mr Vazha Gogitidze, the chief of the Khelvachauri district police. The Supreme Court has already tried the case and decided to suspend the legal proceedings. However, following an appeal of Vazha Gogitidze’s wife, the Adjarian procurator’s office resumed the lawsuit.

"Akhali Taoba" No. 120, May 4, p. 5, Gea news agency, "Batumi invented a new trick for Asanidze"

Artem Bagdiyev, the elderly hatter arrested by security officers after he threw a plastic bag with his hats at the presidential car in one of the central streets of Tbilisi, has been in a mental clinic of the Institute of Psychiatry for more than ten days. According to the chief physician of the clinic, Abel Mamardashvili, medical examination is under way to find out whether he is dangerous for society. Mamardashvili knows nothing whether legal proceedings have been instituted on the case of Bagdiev.

"Rezonansi" No. 118, May 5, p. 5, George Kapanadze, "What is going on in the mental clinic?"

Two reporters of the Tbilisi newspaper "Kviris Palitra" were arrested by South Ossetian police in Ergneti, South Ossetia, on May 8, when attempting to probe into smuggling from Russia to Georgia through a local market. They faced moral and physical abuse when in the Tskhinvali prison. Both were released the next day thanks to an intervention of the Georgian authorities. They say there are some dozen Georgian prisoners in the prison and neither their relatives nor Georgian authorities know anything about their imprisonment.

"Dilis Gazeti" No. 105, May 12, Gea news agency, "The Ossetians arrested Georgian journalists"

Soso Zhgenti, the former commander (1991-92) of the Guria-Imereti Regiment of the National Guards (pro-Gamsakhurdia force) took shelter in the woods of West Georgia along with a hundred of his armed supporters. He says he is tired out by constant persecution on the part of authorities.

"Rezonansi" No. 129, May 16, p. 3, Gea news agency, "Zviadists again moved to forests"

The Association for Student Self-government held a meeting outside the Tbilisi State University yesterday, protesting against the current system of centralised university administration and appealing to create self-government bodies in high schools in order to improve the quality of education. The students propose to elect a two-chamber self-government council of students and lecturers at every faculty. The protesters also declared their solidarity with independent mass media – namely, with Akaki Gogichaishvili (see Mass media).

"Rezonansi" No. 131, May 18, p. 5, Nino Targamadze, "A group of university students protesting against the administration"

The Ministry of Justice appealed to the parliament to restore the ethnicity item in citizens’ IDs before the spring parliamentary session comes to its end. According to Justice Minister Johnny Khetsuriani, President Shevardnadze has been long proposing this measure.

"Shvidi Dge" No. 59, May 24-25, p. 3, Eliso Gurgenidze, "Ethnicity to be restored in the ID before long"