To: Mr. Avtandil Demetrashvili, the chairman of the Constitutional Court of Georgia, and
Mr. Mindia Ugrekhelidze, the chairman of the Supreme Court of Georgia
Dear Sirs,
On October 12, 1996, the representatives of Georgian non-governmental, non-political organizations for human rights created a public co-ordination centre for abolition of capital punishment.
One of the main objects of our organization is to control the observance of law and to use those mechanisms, which define the necessity and irreversibility of law fulfilment. In a civilized state there should not exist any person or a body, who has a possibility to violate law and not be responsible for it. Unfortunately, coming out our country's reality, there exists an establishment in Georgia, which has the possibility to violate law and not answer for it, as far as Georgian legislation does not include a mechanism, which raises the question of its responsibility. We mean Parliament of Georgia; as you know, this May the Georgian Parliament adopted a law on ombudsman. Its paragraph 5 of article 6 says: "If none of the nominees get enough votes, the new elections should be held not early than 7 days, and not late than 14 days". As it is known, the first nominee of an ombudsman was not approved by the Parliament in June, 1996. Afterwards the Parliament discussed a new nominee not in 7-14 days, but in 5 months, in particular, in 140 days. Thus, the Parliament of Georgia outnumbered the fixed date ten times. In other words, it roughly violated the law adopted by itself.
We know, that Georgian Constitutional Court's terms of reference provide for reaction only on those laws, which do not correspond the Georgian Constitution. Therefore, it is clear, that in the case of our bringing in an action about this question, we shall receive an answer, that the court's terms of reference do not provide for discussion of such actions.
As for the Supreme Court, it is clear, that the parliament of Georgia can not become a defendant, as far as the Georgian Legislation does not include the sanctions, meant for such violations of law.
That's why we apply to you - how should the question be solved, when we have to deal with such legal collisions How can a certain group ( be it the supreme legislative body ) violate laws constantly and not answer for it This is an utterly serious question, as far as we are not insured, that the parliament will not violate laws again in future. The same article of this law (on ombudsman) demands to debate a new nominee not late than November 28. We hope, that this date will not be violated by the parliament this time.
The second appeal concerns the creation of a monitoring group, its plans and objects.
To: Kakha Targamadze, Internal Minister of Georgia
Dear Sir,
In connection with the grave situation at the isolators and detention places of Georgia, we, the undersigned non-governmental, non-political human rights organizations of Georgia, inform you, that at the beginning of this October we created a public co-ordination centre, which struggles for abolition of capital punishment. At present the campaign has become international - many famous human rights activists and organizations from different countries have joined us.
The sphere of our organizations' activities is mainly connected with protection of civil and political rights. It implies the study and control of the state of defendants and accused at the places of imprisonment. Up to date our organizations regularly realized the monitoring of this situation, but now we think, that time has come to let us receive information not from prisoners' letters or from their families, but just on the spot.
We think, that the authority should be interested in opening isolators and colonies to non-political, non-governmental organizations, as far as it will put an end to the gossip and false information, which is often spread by means of mass media. Recently the fact of accused Valeri Phisun's death at the Ksani Colony became the point of gossip. The fact was discussed at the parliamentary session. Several participants demanded to pay more attention to the state of accused Tengiz Kitovani, who, at present, is at the Avtchala Colony ( as it is known, T. Kitovani was convicted together with V. Phisun and I. Surguladze ).
Hence, we ask you to give the admittance right to one representative of our organizations in the case if human rights are violated or the situation connected with a certain prisoner is under doubt.
We want to inform the society about the situation existing at the places of imprisonment. We hope, that it enters into the authority's interests and we shall receive a positive answer to our request.
Respectfully,
Former Political Prisoners for Human Rights;
Prisoners' Commonwealth - the National Service of Prisoners' International Commonwealth
Georgian Committee of Helsinki Citizens Assembly;
Anti-torture Committ Tbilisi-Strasbourg Group
A Fund "Science and Education for Life".