The press-conference caused a great interest. The following appeal was read out at the press-conference:
APPEAL
According to the humanitarian principles common to all mankind, the regulations and
the commitments of international organizations for human rights, we, the following
non-governmental and non-political organizations:
1) "Former Political Prisoners for Human Rights"
2) "Anti-torture Committee"
3) "Georgian Committee of Helsinki Citizens Assembly"
4) "Georgian Prisoners Commonwealth - National Service for Prisoners International Commonwealth"
demand abolition of capital punishment in Georgia.
We fully support the position of All-Georgian Katholykos-Patriarch Ilya II about this question and hope, that the population of our country will also support this supreme requirement of Christian faith connected with capital punishment.
We shall be much obliged to derive the encouragement from any persons or organizations without regard for their political positions.
At the same time, we are sure that no persons or organizations will venture to exploit the struggle for this sacred affair in their strictly party or political interests.
We hope, that international organizations for human rights will also actively support the campaign against capital punishment in Georgia.
In order to achieve our object we call all organizations or people of good will to coordinate within the framework of the campaign against capital punishment. That's why we are creating a public coordinating group.
Besides this document, the press-conference published an appeal of Holly Cartner, the executive director of Human Rights Watch, to the President of Georgia, which says:
August 13, 1996
President Eduard Shevardnadze
pr. Rustaveli, 8
380018 Tbilisi
Republic of Georgia
Fax: ( 99532 ) 99-79-85 and ( 49 ) 5151. 13056
Dear President Shevardnadze
On behalf of Human Rights Watch, the international human rights organization, I extend my respects.
I write to express profound concern over the continued practice of execution in Georgia as a form of judicial punishment. In particular, we fear for at least three men, who currently are awaiting execution - Irakli Dokvadze, Petre Gelbakhiani, and Badri Zarandia - and at least five others, who are currently being tried on capital charges and could be executed if found guilty - Jumber Bokuchava, Zviad Dzidziguri, Vakhtang Kobalia, Nugzar Molodinashvili and Simon Zhgenti.
We appreciate the importance of effective law enforcement in Georgia. However, Human Rights Watch opposes the infliction of capital punishment in all circumstances because of its inherent cruelty. Moreover, the argument that rising crime merits the use of the death penalty rests on the specious assertion, that capital punishment acts as a deterrent to would-be murderers, that would therefore reduce the number of grave crimes. A 1990 United Nations study suggests that the opposite is often true, that use of the death penalty in fact can have a " brutalizing effect " on societies, eroding the principle of the sanctity of human life, and justifying lethal vengeance.
We are also concerned that the death penalty is most often carried out in a discriminatory manner. Discrimination on ethnic, religious or political grounds frequently enters into the determination of which persons are executed and which persons are allowed to live. Furthermore, the inherent fallibility of all criminal justice systems assures that even when full due process of law is respected innocent persons are sometimes executed. Because an execution is irreversible, such miscarriages of justice can never be corrected.
The risk of such injustice is particularly real in Georgia because of the disregard for due process guarantees that the Georgian law enforcement and justice systems regularly demonstrate. Concern about the inadequacy of these systems has been brought to your attention by numerous sources, including the Organization for Security and Cooperation in Europe, the US Department of State and US Helsinki Commission, your own Committee on Human Rights and Interethnic Affairs, and Human Rights Watch / Helsinki.
Georgia's July 14, 1996, application for membership in the Council of Europe makes this appeal particularly timely. As you know, member-States of the Council of Europe are expected to become signatory to the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. Article 1 of the Sixth Protocol of that Convention stipulates that " the death penalty shall be abolished. No one shall be condemned to such penalty or executed ". In addition to the humanitarian considerations, instituting a moratorium would send a clear signal to the Council of Europe that Georgia is ready to comply with the human rights standards that are the corner-stone of that institution.
We have already applied to you with regard to Mr. Dokvadze and Dr. Gelbakhiani, but we have received no response. Both men, whom we have met in prison, have been beaten and intimidated during arrest and interrogation and they were forced to make a confession, that was actually ignored in the judge's findings. Both remain on death for seventeen months after their sentence was handed down. To our knowledge, the Clemency Commission does not easily accept decisions. Failure of response to our inquiry can look like indifference to these urgent cases, but we are sure, that it does not reflect your true attitude to such questions.
We insistently call on you to institute an immediate moratorium on the death penalty and a full ban in the near future. We also urge you to do your best for providing immediate commutation of sentence from the Clemency Commission, and if such decisions are not expected use your presidential prerogative to personally commute the sentences immediately.
Thank you in advance for your attention to these urgent questions. I look forward to your response, which may be sent to me by fax at (1) (212) 972-0905 or ( 095 ) 265 4448.
Respectfully,
Holly Cartner
Executive Director
Human Rights Watch / Helsinki
Copies to: Rismag Gordeziani, Chairman of the Clemency Commission of the Parliament of Georgia.
Konstantin Kokoev, Chairman of the Committee on Human Rights and Interethnic Relations.
UN Center for Human Rights.
Hose Ayala-Lasso, UN High Commissioner for Human Rights.
Daniel Tarshys, Secretary General, Council of Europe.
Ambassador Dieter Boden, Organization for Security and Cooperation of Europe.
John Shattack, US Assistant Secretary of State.
US Helsinki Commission,
Ambassador William Courtney, US Embassy.
At the press-conference the journalists were answered by Nana Kakabadze, Gela Nikolaishvili ("Former Political Prisoners for Human Rights"), Kakhaber Gogashvili (Anti-torture Committee), A. Rusetski (Georgian Committee of the Helsinki Citizens Assembly), and Lali Aptsiauri (Georgian Prisoners Commonwealth). They noted, that 2-3 months ago number of those sentenced to death made 35 persons in Georgia, at present it makes 50 persons. The fact, that the cases of death penalty according to article 65 of the Criminal Code of Georgia (high treason) have become too often, is most shocking.
It looks like the situation of the communist regime in Georgia during the thirties. Only in 1937 tens of thousands of people were shot according to this article. The fact that on October 7, during a trial at the Supreme Court of Georgia, the Procurator demanded to pronounce death sentence on three defendants, gave a powerful incentive to this movement against death penalty. Here we give an appeal about this question:
APPEAL
From February 1, 1996, the Supreme Court of Georgia is pleading a criminal case No 7495927 against the defendants: Vakhtang (Loti) Kobalia, Djambul Bokuchava, Nugzar Molodinashvili and Zviad Dzidziguri. During the October 7 trial, Procurator Tsereteli demanded the death sentence for 3 defendants (Kobalia, Bokuchava, Dzidziguri) according to article 65 (high treason) of the Criminal Code of Georgia.
As is generally known, in connection with Georgia's becoming a member of Eurocouncil, the authority and the society widely discuss the question of abolition of capital punishment. Meanwhile, for the last several months Georgian courts have passed more than ten death sentences, and the number of those prisoners, who are waiting for execution of the death sentence comprises 50 persons at present. The fact that number of death sentences increased recently is most disturbing.
We, the undersigned organizations and persons, are against the existence of capital punishment in Georgia. We ask Judge Aladashvili not to pass the death sentence on the above mentioned persons. We also ask all foreign representations in Georgia, Georgian and international organizations for human rights, as well as Georgian MPs, to spare no efforts for the abolition of capital punishment in the country.
We hope that in the near future Georgian authority will meet the commitments of Eurocouncil in connection with this question and capital punishment will be officially abolished in our country soon.
The organizers of the press-conference noted, that death penalty is meant for 13 types of crimes. In 1994-95 14 defendants were executed in Georgia, while the Council of Europe ( recently Georgia was granted the status of its guest ) requires from its members abolition of capital punishment by the authorities. Paragraph 2 of article 15 of the Georgian Constitution, which concerns capital punishment, says: " According to the organic law, capital punishment, till its full abolition, may be intended for especially grave crimes against life . Only the Supreme Court of Georgia has the right to pronounce this sentence ".
At the same time, paragraph 3 of article 106 of the Georgian Constitution directly notes: " For two years after the Constitution's coming into force, the parliament of Georgia should adopt organic laws stipulated by the Constitution, or confirm the lawfulness of the existing regulations ".
Hence, it was said at the press-conference, that as far as the parliament of Georgia has neither adopted the organic law on capital punishment stipulated by the Constitution, nor confirmed the lawfulness of the existing regulations since adoption of the Constitution, it may be said, that the legality of all death sentences pronounced in Georgia since adoption of the Constitution is under doubt. This question is in the centre of attention of all non-governmental organizations and lawyers of Georgia and an application has already been submitted to the Constitutional Court.
The press-conference also noted, that in most countries public opinion often supports the existence of capital punishment. For example, in Japan, USA, England and Lithuania 60-70% of population supports the existence of this punishment ( another situation is in Germany, where, according to the latest data, 55% of population is against capital punishment ). Despite it, the authorities of many countries take a decisive step and abolish capital punishment. For example, it happened in Lithuania recently.
The results of the sociological research, which was held in Georgia by the public research department of the State Office, were read out at the press-conference. The results were too interesting. It appeared, that 38% of respondents supports abolition of capital punishment and only 47% supports the existence of this punishment.
The press-conference also discussed different legal and moral aspects connected with capital punishment. It was said, that in April, 1996, All-Georgian Katholykos Patriarch Ilya II applied to the parliament of Georgia: "One of the God's commandments says: "Do not kill". These words are meant for everybody - individuals, nations, and states, as well. It is impossible to eradicate evils by evils. To kill means to act villainously, as far as nobody has the right to deprive any person of life, except the God ".
On October. 17-22, an international seminar was held in Prague. Its participants actively supported a campagr on abolition of capital punishment, which started in Georgia recently.
An Initiative Group "The International Humanitarian Campaign on Abolition of
Capital Punishment" of the Participants of the Prague Seminar "An International
Solidarity Yesterday and Today"
APPEAL
Dear Sisters and Brothers!
We, the representatives of public organizations of Georgia, Armenia, Ukraine, Azerbaijan, Bulgaria, the Crimea and Nagorny Karabakh support a wide-scale campaign on abolition of capital punishment, which was started in Georgia on October 14 by the Georgian organizations for human rights.
We offer the participants of the seminar to make the following decisions:
1) Support the initiative of Georgian human rights activists and send supporting letters;
2) Support the initiative of public organizations of Georgia, Armenia, Bulgaria, Ukraine, the Crimea and Nagorny Karabakh on an international humanitarian campaign against capital punishment.
We, the authors of the appeal, hope, that the participants of the seminar will support us; we believe that our present solidarity will enable us to achieve real results.
Respectfully
1. Alexander Rusetski - the Helsinki Citizens Assembly ( Georgia )
2. Karen Ogadjanyan - the Committee of " Helsinki Initiative - 92 " ( Nagorny Karabakh )
3. Asmic Chetilyan - the Helsinki Citizens Assembly ( Armenia )
4. Leonid Pilunski - the Regional Committee of Helsinki Citizens Assembly ( the Crimea )
5. Ognyan Minchev - Helsinki Citizens Assembly ( Bulgaria )
6. Mikhail Gonchar - Helsinki Citizens Assembly ( the Ukraine )
7. Natalia Belitzer - Helsinki Citizens Assembly ( the Ukraine )
8. Genrikh Altunyan - Ukraine
9. Anneliz Ebbe - Helsinki Citizens Assembly ( Denmark )
10. Heide Shutz - the Organization for Women's Rights ( Germany )
11. Lizelote Engman - the Committee for Women's Rights ( Germany )
12. Nana Klimesova - the Committee for Women's Rights ( Czechia )
13. Vagif Dmangirov - Nagorny Karabakh Committee ( Azerbaijan )
14. Arzu Abdulaeva - National Committee of Azerbaijan ( Azerbaijan )
15. Petr Garbunenko - Helsinki Citizens Assembly ( Moldova )
16. Anne Leureu - Helsinki Citizens Assembly ( France )
17. Bernard Dreano - European Citizens Assembly ( France )
18. Lise Orelou - European Citizens Assembly ( France )
19. Lidea Zevanovic - the Office of Helsinki Citizens Assembly ( Banialuka )
20. Miriam Skruye - Helsinki Citizens Assembly ( Tuzla )
21. Vyacheslav Chernovil - MP of Ukraine ( Kiev )
22. Yan Skomal - Co-chairman of Inter5nation Society for Human Rights ( Czechia )
23. Larisa Bogoraz - Helsinki Group in Moscow ( Moscow )
24. Yan Petranek - radio journalist ( Prague )
25. Igor Chubais - Assistant Professor at the Philosophy Department ( Moscow )
26. Tomas Roger - Television Fund of Czechia ( Prague )
27. Mustafa Djamilev - representative of the mejlis of Crimea Tatars ( the Crimea )
28. Bidzina Ramishvili - Radio Liberty ( Prague )
29. Tbilisi Strasburg Group
30. Emil Adelkhanov - AI member (Georgia)
31. Paata Zakareishvili - Forcid Migration Projects Open Society Institute
32. Dato Darchiashvili - Cavcasion institute for peace democracy and developmenm
33. Faund - Science and Education for life
34. Tamas Dugashvili - Cavcasion institute
35. Zaal Kikodze - NGO juot Elechons
36. Nugzar Ivanidze - NGO juot Elechons
37. Guram Svanidze - Human Right activist
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