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

June 2000
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The High Commissioner of the Council of Europe on HR in Georgia

Jose Alvaro Hill-Robles, the human rights commissioner of the Council of Europe, visited Georgia to learn the human rights situation in the country and work out recommendations for the Parliamentary Assembly of the CoE. He had a meeting with some 20 human rights NGOs hosted by the acting ombudsman, Tamaz Lomsadze, yesterday. Human rights violations: tortures, police brutality, the problem of political prisoners etc., were on the table.

"Dilis Gazeti" No. 126, June 7, p. 4, Maggie Kikacheishvili, "Jose Alvaro Hill-Robles loaded with HR facts"

Having completed his nine-day visit to Georgia, Jose Alvaro Hill-Robles, the human rights commissioner of the Council of Europe, said the human rights situation in the country fell short of satisfactory. He avoided speaking with journalists about political prisoners; the only exception was the case of Tengiz Asanidze, who remains in prison despite the presidential pardon of last October.

"Alia" No. 90, June 10-11, p. 3, Mate Kirvalidze, "Eurocommissioner demands to free Asanidze"

Deaths in custody

Niko Sikinchashvili committed suicide in the central prison hospital for unknown reasons.

"Dilis Gazeti" No. 121, June 1, p. 2, "A prisoner committed suicide"

On May 24h the police of the town of Tkibuli detained Mamuka Rizhamadze, a 27-year-old dweller of Kutaisi, province of Imereti, without explaining the reasons of the arrest. On May 31 he was found hanged in the preventive detention wards of Kutaisi. The post-mortem stated that he had committed suicide, as there were no injuries at his body. However, his relatives demanded an additional post-mortem examination, which was carried out on June 5 by an independent expert, Maya Nikoleishvili, in the presence of experts from Tkibuli and Kutaisi, and Levan Chachua, deputy chairman of the central post-mortem office. The second post-mortem revealed numerous injuries on the body, which seem to have been made while Rizhamadze was still alive.

"Akhali Shvidi Dge" No. 25, June 23-30, p. 7, Khatuna Zeikidze, "Post-mortem showed it was not suicide"

Referring to provincial forensic experts, Ruben Asanidze, the chief of the Imereti regional police, claims that during the post-mortem Maya Nikoleishvili attempted to "tear off" Mamuka Rizhamadze’s head in order to shift the blame on the police.

"Alia" No. 98, June 24-25, p. 5, Besik Gulordava, "The independent expert accused of trying to tear off a man’s head"

According to the independent forensic expert Maya Nikoleishvili’s final report, Mamuka Rizhamadze was hanged when already dead. In her words, a blow to his head was the reason of the death.

"Droni" No. 75, June 27, p. 7, "He was hanged in the Kutaisi preventive detention wards"

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Police brutality (s. also Deaths in custody and Policmen killed a man…)

Guram Tkemaladze, a 62-year-old resident of Rustavi, became a cripple after being severely beaten by three Rustavi traffic policemen on 8 August 1999. He had to be operated to have removed a cranial haematoma and skull splinters. The investigation has been completed but only one policeman, Badri Tepanidze, was held responsible. Two others, Ghia Nozadze and Otar Gugutishvili, got away with it.

"Alia" No. 91, June 12, p. 4, Tamara Lomishvili, "They knocked out my teeth and broke through the back of my head".

Nodar Saralidze, a sergeant-major of the Nadzaladevi-based military unit, was put in the Tbilisi military hospital with his skull fractured after being severely beaten by two policemen: one of them is reported as David Berianidze, the other remains unidentified. The physicians appealed to the chief military procurator to investigate the case. Elena Tevdoradze, the chairperson of the parliamentary human rights committee, visited Saralidze in hospital.

"Akhali Taoba" No. 159, June 12, p. 7, Gea news agency, "The police victim’s condition is very serious"

Marina Tabatadze, a lawyer, applied to the Office of Public Prosecutor, claiming that Djemal Kbilashvili, the chief of the Nadzaladevi district police station, Tbilisi, had threatened to kill her daughter. She says she has some eyewitnesses who may confirm her accusation.

"Alia" No. 94, June 17-18, p. 5, Nana Vasadze, "Did the police chief threatened the lawyer to kill her daughter?"

Policemen killed a man…

Policemen Shalva Berikashvili and Tengiz Popkhadze killed Mirza Rizhamadze in Tkibuli a few days ago. The policemen claimed self-defence, reporting that he threatened them with a grenade. Elena Tevdoradze, the chairperson of the parliamentary human rights committee, demanded to investigate the incident.

"Resonance" No. 167, June 23, p. 5, Gea news agency, "Why did the policemen kill the young man?"

Another hearing of the case of Revaz Bzishvili, the policeman charged with exceeding his authorities (Art. 187 of the Criminal Code) and intentional lethal injuring (Art. 110), took place on June 18. He is only one of the policemen who had beaten to death David Vashakmadze, a Tbilisi dweller, on November 13, 1999. The others escaped prosecution.

"Akhali Shvidi Dge" No. 25, June 23-30, p. 7, Khatuna Zeikidze, "Reports from the courtroom"

Hunger strikes in custody

Otar Melikadze, Soso Nadiradze, Archil Pandjikidze and David Tsotsoria indicted for high treason and preparing an act of terrorism against President Shevardnadze in May 1999 are going on with their hunger strike in Preventive Detention Ward No 5. All of them plead not guilty. Melikdadze still threatens to commit suicide to prove his innocence. In his words, the investigators tortured and bullied him, threatened to exterminate his family. His wife says that his eye was damaged as a result of beating.

"Rezonansi" No. 145, June 1, p. 2, Marina Mamisashvili, "A prisoner suspected of an attempt on the President’s life is going to commit suicide"

David Koshkadze, a prisoner indicted for killing a policeman, has been on hunger strike in Preventive Detention Ward No 5 for the last month, pleading not guilty. He has got serious health problems now. According to Elena Tevdoradze, the chairperson of the parliamentary human rights committee, he needs immediate hospitalisation.

"Rezonansi" No. 163, June 19, p. 2, Gea news agency, "A prisoner on hunger strike has lost the use of his legs"

Pardoning

The political prisoners, who were recently released in the framework of the government’s reconciliation policy, claim to be under constant police surveillance. Those of them who were invited as experts to the parliamentary commission for national reconciliation say that 42 political prisoners continue serving their sentences in prisons and colonies.

"Shvidi Dge" No. 65, June 7-8, p. 4, Nana Kavelashvili, "Former political prisoners still under pressure"

On June 21 the parliamentary commission for national reconciliation decided to recommend the Office of Public Prosecutor to close the criminal cases of 230 participants of the civil war of 1991-92. The commission made a similar recommendation regarding 78 other criminal cases to the Military Procurator’s Office.

"Resonance" No. 166, June 22, p. 3, Prime-News agency, "The commission for national reconciliation making ready a new pardon"

17 political parties (Popular Front, Labour Party, Popular Party, United Communist Party, etc.) and NGOs signed a memorandum to welcome the government’s reconciliation policy and call upon the parliament to step up the release of the remaining political prisoners and cancel the criminal cases of the participants of the civil war of 1991-92.

"Akhali Taoba" No. 173, June 26, p. 8, Daredjan Meparishvili, "Even the Communists signed a memorandum to free Guram Absandze and the others"

According to Zviad Dzidziguri, the former prefect of Samtredia (in the time of Gamsakhurdia) who was released along with other "Zviadists" under the April presidential decree, the pardoned "Zviadists" are determined to press the government for releasing all their comrades who remain in custody, including those convicted of murder (for instance, Loti Kobalia, the former commander of the pro-Gamsakhurdia armed units in western Georgia, who was convicted of ordering to execute journalist David Bolkvadze) as their guilt was not proven at court trials.

"Resonance" No. 170, June 26, p. 5, George Kapanadze, "What will follow the zviadist actions?"

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Arrested

The Ambrolauri police arrested Gocha Bitchashvili, a former prefect (in the time of Zviad Gamsakhurdia). Charged with participation in Akaki Eliava’s mutiny in west Georgia, he had been searched for a long time, though he regularly attended parliamentary sessions all the while, co-operating with the parliamentary Commission on National Reconciliation. His name was one of the first on the list of those the Office of Public Prosecutor was going to drop charges against in a day or two. Basil Maglaperidze, the chairman of the reconciliatory commission, considers his arrest a provocation of hostile forces aiming at destabilisation in Georgia.

"Rezonansi" No. 163, June 19, pp. 1, 3, Aleko Tskitishvili, "Those forces are everywhere: in the chancellery, the parliament and ministries"

Extradition

George Rurua, the leader of one of the Tbilisi criminal gangs and right-hand man of Djaba Ioseliani (leader of paramilitary "Mkhedrioni"), was extradited yesterday from the USA to Georgia with the help of Interpol. He is suspected of blackmail and kidnapping a policeman, and has been wanted by the Georgian police since 1995.

"Resonance 171, June 27, pp. 1, 5, Rusiko Mumladze, "George Rurua, suspected of blackmail and kidnapping a policeman, extradited to Georgia"

The case of Absandze

On June 9, at the hearings of the case of Guram Absandze et al. charged with the organisation and realization of the February 1998 act of terrorism against President Shevardnadze, the prosecution witnesses – the former chief of the presidential bodyguards, Zaza Maziashvili, and senior police inspector Alexander Paseishvili – failed to identify the defendants as participants of the attack or describe how the attackers looked.

"Rezonansi" No. 154, June 10, p. 2, Gea news agency, "Shevardnadze’s bodyguards failed to identify defendants as terrorists"

The case of Asanidze

The Supreme Court of Adjaria has begun to consider a new criminal case of Tengiz Asanidze: after he had been pardoned by President Shevardnadze last October, the Adjarian authorities refused to release him and later accused him of having taken part in the abduction of Vazha Gogitidze, the Khelvachauri district procurator, in 1996. Asanidze’s family says that Aslan Abashidze, the mighty Adjarian leader, is just taking revenge on him.

"Akhali Taoba" No. 316, June 17, p. 7, "The Supreme Court of Adjaria began to consider the case of Tengiz Asanidze"

The freedom of religion

Communication of the press centre of the Gldani Orthodox Church (that of the parish of Father Basil Mkalavishvili, the unfrocked Orthodox fundamentalist priest): while praying in the yard of a deserted kindergarten, on June 17, Father Basil and his flock were lapidated by unidentified perpetrators; 12 people were injured. He blames the incident on the Patriarchate of the Georgian Orthodox Church "imbued with ecumenical spirit".

"Akhali Taoba" No. 166, June 19, p. 4, Press centre of the Gldani Orthodox Church, "Basil Mkalavishvili’s flock attacked when praying"

The police of the Gldani district say no attack against Mkalavishvili took place on 17 June.

"Akhali Taoba" No. 166, June 19, p. 4, Gea news agency, "The Gldani district police denies the attack against Mkalavishvili’s flock"

The flock of the Georgian Orthodox Church is engaged in a nation-wide campaign to collect signatures, demanding to adopt a law on religion.

"Alia" No. 99, June 26, p. 3, Brief news

On June 26 the Tbilisi regional court satisfied the leader of the public organisation "Georgia Above All" Guram Sharadze MP’s claim and abolished the registration of two organisations of Jehovah Witnesses – "Georgian Society of the Pennsylvania Watch Castle of the Bible and Scripts" and "Jehovah Witnesses’ Society". The lawyers of these organisations are going to appeal to the Supreme Court.

"Akhali Taoba" No. 174, June 27, pp, 3, 4, Daredjan Meparishvili, "Jehovah Witnesses went to underground"

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The freedom of press

According to Roman Gotsiridze, the head of State Budget Office of Parliament, the severe economic crisis may help financial tycoons buy independent mass media on the cheap. He proposed to subsidise some 15 newspapers from the State budget to preserve their independence.

"Akhali Shvidi Dge" No. 24, June 16-22, p. 8, "Roman Gotsiridze’s advice for exhausted mass media"

The problem of ethnicity registration

Patriarch Ilya II of Georgia appealed to Zurab Zhvania, the chairman of the parliament, to restore ethnicity identification in the citizen’s ID (the previous parliament removed the item "ethnicity" from Georgian IDs and birth certificates).

"Dilis Gazeti" No. 127, June 8, p. 2, Gea news agency, "Georgian Patriarchate is for restoration of "ethnicity" item in ID"

On June 21 the debate of "Patriots" and "Masons’ on the presidential bill on restoring the item "ethnicity" in birth certificates nearly came to hand-to-hand fight at the Parliamentary Committee for Civic Integration [of minorities]. The "Patriots" argued that without such an item the Georgian nation would vanish; their opponents objected that the item would further disintegration of our society and might even contribute to emergence of autonomies on ethnic grounds. No consensus was found.

"Dilis Gazeti" No. 139, June 22, p. 4

(It was also President Shevardnadze who had introduced the bill on the abolishment of the item that passed in the previous parliament. – CIPDD)

On June 22 the Bureau of Parliament held a closed-door sitting to discuss the proposal to specify ethnicity in birth certificates. Guram Sharadze MP warned that if the parliament rejected the proposal and the president did not veto the parliament’s resolution he would demand a referendum.

"Shvidi Dge" No. 72, June 23-25, p. 1, Mail-Express agency, "Sharadze demanding a referendum"

Legal reform

The parliamentary commission for constitutional and judicial problems debated a bill on the Bar on June 22. Some MPs, including Koba Davitashvili, a lawyer, disapproved of the bill, claiming that it could become an instrument to curb lawyers for the powers that be. The bill emphasises lawyers’ responsibility and limits their rights, Davitashvili says.

"Shvidi Dge" No. 72, June 23-25, p. 1, Mail-Express agency, "Koba Davitashvili against the bill on the Bar"

The elections of ombudsman

The elections of ombudsman are postponed for a week. The ruling party is expected to nominate its own candidate by that time, disapproving of the opposition nominees – Nana Devdariani (Socialist Party, Batumi alliance) and Vakhtang Dzabiradze (Industry to Rescue Georgia). Neither are human rights NGOs in favour of the two. In the opinion of Michael Saakashvili, the leader of the parliamentary group of the Citizens’ Union of Georgia, the best candidate could be Elena Tevdoradze, the chairperson of the parliamentary human rights committee, but her nomination is unlikely (informal sources say her candidacy is quite unacceptable for Mr Kakha Targamadze, the mighty interior minister. – CIPDD).

"Akhali Taoba" No. 150, June 3, p. 7, Gea news agency, "Tevdoradze is the best of all but…"

The parliament elected Nana Devdariani of the Socialist Party (opposition pro-Batumi political bloc "Revival") ombudsman on June 16.

"Droni" No. 71, June 17, p. 3, Lela Mtchedlidze, "Who carried the day?"

The echo of Chechnya

According to the Ministry of Refugees and Accommodation, 6,900 Chechen refugees have been officially registered and granted the refugee status in Georgia. The Ministry said they could be deported back only if Russia guaranteed their safety.

"Akhali Taoba" No. 169, June 22, p. 9, Prime-News agency, "6,900 Chechen refugees registered in Georgia"

Hostages in the Kodori Gorge

Two UNOMIG officers, two members of a British NGO and their interpreter were supposedly abducted in the Kodori Gorge (an area of Abkhazia partly under Georgia jurisdiction) two days ago. Abkhaz and Georgian officials and Russian peacekeepers are carryings out a joint search operation.

"Droni" No. 65, June 3, p. 2, "Georgia does not rule out that the UN people could be taken hostage"

According to Veselin Kostov, the political secretary of the UN mission in Georgia, two UNOMIG officers (Kaj Laurssen and Tomas Rozenkvist of Denmark), two representatives of a British NGO (John Woodwort and Ismed Zade) and their interpreter were abducted by unidentified perpetrators. The latter raised no demands yet. The abductors released one of the hostages, Ismed Zade, who said the others were kept in custody in the Georgia-controlled part of the Kodori Gorge.

"Shvidi Dge" No. 64, June 5-6, p. 2, "Culprits abducted UN observers"

Social and economic rights

The government’s debt to pensioners has reached 21 mln GEL (about $10 mln) during the last five months.

"Rezonansi" No. 145, June 1, p. 5, Marina Imnadze, "The arrears of pension reached a record level"

A crowd of refugees from Abkhazia held a meeting in the centre of Tbilisi yesterday, demanding their allowance – 12 GEL (about 6$) per month – that they had not been paid for five months. Another such action is expected outside the State Chancellery in the near future.

"Akhali Taoba" No. 148, June 1, p. 3, Shorena Marsagishvili, "Refugees from Abkhazia going to storm the State Chancellery"

Refugees from Abkhazia held a meeting yesterday, once again demanding their salaries, allowances and pensions. The police prevented them from marching to the parliament.

"Akhali Taoba" No. 155, June 8, p. 3, Shorena Marsagishvili, "Give us our salary, and we’ll go"

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Soldiers’ rights

27 servicemen of the disciplinary battalion of the Ministry of Defence have been on hunger strike for the last two days, demanding to provide immediate medical care to one of their fellow servicemen, Dzadzamia. The latter lacks money for hospital treatment, and the military hospital ceased its free-of-charge services long ago. Relatives of the servicemen claim unbearable conditions in the battalion.

"Akhali Taoba" No. 157, June 10, p. 3, "The battalion revolts"

According to Elena Tevdoradze, the chairperson of the parliamentary human rights committee, the defence minister appealed to the President to disband the disciplinary battalion and pardon its 27 servicemen (sentenced for desertion). She says the battalion will be disbanded this July, as the pardoning commission has already decided the cases of the deserters in their favour.

"Shvidi Dge" No. 67, June 12-13, p. 2, GMS agency, "Disciplinary battalion pending disbandment"

In and about Abkhazia

Guram Chimakadze, 50, and Nazi Chimakadze, 70, were killed in Sukhumi by local Abkhaz some days ago. The murderers had allegedly an intention to seize their home.

"Akhali Taoba" No. 152, June 5, p. 7, "Georgian residents of Sukhumi killed by local Abkhaz"

According to the newspaper, 1,246 Georgian residents of the Gali district of Abkhazia were killed during 1993-97, including 23 underage, 205 women and 771 elders; 183 were burnt in their houses; 15 families were completely exterminated. 194 people are missing; 5,000 private houses were burnt down as well as 43 buildings of various organisations, 21 schools and 18 kindergartens.

"Akhali Taoba" No. 152, June 5, p. 9, Tamara Absava, "44 Georgian POWs had their heads smashed by tanks"

The Abkhaz NGO "Spravedlivost" (Justice) demands the Abkhaz authorities to take stronger measures against the outlawed organisation of Jehovah Witnesses (banned by a presidential decree) that, in its opinion, saps the Abkhazian Republic’s military power.

"Dilis Gazeti" No. 126, June 7, p. 5, Gea news agency, "Abkhaz attacked Jehovah Witnesses"

By the resolution of the OSCE summit in Istanbul, the Russian military base in Gudauta is to be called off by July 2001. Abkhaz authorities told, however, the Russian military and diplomats on visit in Sukhumi they would bloc the withdrawal of the Russian equipment from Gudauta. The equipment and armaments must be in Abkhazia in case of resumption of the hostilities, Sergey Shamba, the foreign minister of the Abkhaz republic, said. In his words, Abkhazia may keep the armaments by force.

"Rezonansi" No. 162, June 18, p. 3, Prime-News agency, "Sukhumi lays hands on the Russian weapons"

Varia

In response to the Zugdidi procurator Roland Akhalaia’s statement that the Office of Public Prosecutor is overwhelmed by corruption, the Office set up several commissions to examine Akhalaia’s personal file.

"Droni" No. 69, June 13, p. 2, Tamara Katsitadze, "A new commission for Akhalaia"

Tamara Karibova, a woman of 50, attempted to burn herself outside the parliament yesterday in protest against the life imprisonment of her 28-year-old son, Fizuli Bayramov, convicted of murder. He was arrested in 1997 for hooliganism charges but indicted for murder six months later. Karibova claims that the Office of Public Prosecutor refused to listen the testimony of 15 eyewitnesses who could testify her son’s alibi.

"Akhali Taoba" No. 163, June 16, p. 2, Gea news agency, "A prisoner’s mother attempted to burn herself"

While on a working visit to Tbilisi Vyacheslav Ivanov, the secretary of the Security Council of Russia, said Russia was going to withdraw from Bishkek agreement on the visa-free regime between the CIS countries.

"Dilis Gazeti" No. 135, June 17, p. 7, "Russia opts for a visa regime"