We are highly interested in objective evaluation of human rights problems in Georgia executed by both local and international organizations for human rights. The annual reports of US State Department about the state of human rights protection in our country are especially important because of their objectivity and thorough knowledge of the problem. Thus, we shall thoroughly discuss the above-mentioned report.
TABLE OF CONTENTS
REFUGEES
Here we give some facts of violence by Abkhazian militia or armed groups towards those ethnic Georgians, who remained in Abkhazia:
1) On February 5, 1996, an inhabitant of Gali Region, 33 years old Emzar Basaria was severely tortured and killed at Sukhumi Isolator;
2) On February 7, 1996, 27 years old Tamaz Pipia was taken prisoner by the Abkhazian separatists during the next punitive operation together with other 32 peaceful inhabitants; he worked on a building job, where he died on March 8, 1996, as a result of tortures;
3) In March 1996, the Abkhazian separatists burnt Valerian Sartania's house down, they tortured him severely, as a result of which 70 years old Valerian Sartania died from heart attack;
4) On April 9, 1996, Irodion and Eter Tsurtsumia were killed in Shesheleti. Their distorted corpses were found on April 27, 1996;
5) On December 9, 1996, the Abkhazian separatists fired the Arakhamia family in Gali Region: 55 years old Omar Arakhamia and his daughters 22 years old Nani Arakhamia and 24 years old Nino Arakhamia. Their brother was taken to Zugdidi hospital.
Since the cessation of hostilities the separatists have killed more than one hundred peaceful inhabitants only in Gali Region. The next issue of our bulletin will give a full list of the victims of genocide.
The report notes, that besides Abkhazian armed groups Georgian armed groups act on the territory of Abkhazia too. We are against violence, especially towards peaceful population. It should be noted, that the guerrilla movement of Abkhazia's Georgian population becomes more wide-scale, thus, we are not insured against the fact, that among the guerrillas there are bandits and robbers, who cause great moral and material damage to Abkhazia's population. In the refugees' opinion, the only way to return to their native country is to take arms and join the guerrilla movement. This process threatens the protection of human rights of Abkhazia's peaceful population.
Unfortunately, this danger is not realized by those international forces (UN, OSCE, Russia, etc.), which play a mediator's role in this conflict. They consider, that if wide-scale military actions are ceased in Abkhazia, their efforts would be considered successful. Of course, the cessation of hostilities is a step ahead, but the state of human rights protection will become worse in Abkhazia, until the refugees do not return to their permanent residences. Last years showed, that the Georgian authority is not able to give real guarantees to the refugees, it also is not able to stop the guerrilla movement (it would be difficult for international forces too). Thus, the mediators should spare no efforts in order to create the conditions for refugees mass repatriation. Otherwise, kidnapping, terrorism, murders, robberies and diversions will become daily events in Abkhazia, to say nothing of the fact, that it will help the separatists to establish anti-democratic regime. The question is, that mass psychosis and chauvinistic hysteria are incompatible with democratic values.
This is the most painful theme in present Georgia. The authors of the report know the situation in our country well, but it is impossible to discuss all the problems in one report. That's why we shall try to discuss the problem of total corruption, which exists in current Georgia.
According to the official data, at present the living wage of Georgia's citizen is about 80-85 USD, and the living wage of an average family (4 persons) is about 200 USD, while the salary of employees of state structures makes only 8USD, average salary makes 20-25 USD, high salary - 45-50 USD, the maximum salary makes 110-110 USD (only high rank officials have such salaries). Hence, we can conclude: state officials are not able to keep either their families or themselves. Recently many employees of state structures are dismissed on grounds of redundancy, at the expense of which the authority tries to increase salaries to the remained employees. According to the official data, at present number of unemployed makes 65 thousand persons in Georgia, as to the unofficial data, this number makes 500 thousand.
Of course, a new strata has appeared in Georgia, the income of which does not depend on the charity given by the authority. This strata earns money by its own work. They are businessmen, dealers, small proprietors, etc. This income is much above the living wage; the number of persons engaged in private sector is too small (about 20-25%). Thus, we have the following situation: state officials receive too little salaries, which are not enough even for their physical existence. That's why they confront those persons, who are engaged in the private sector and who earn much more money. Under such conditions most officials try to use their posts for corruption. For example: as a rule, the employees of control bodies prefer to take a bribe from physical and juridical persons, than transfer hidden sums to the state budget, a policeman, an investigator and a procurator also prefer to take a bribe from a criminal, than conduct an objective investigation, a judge prefers to sentence a prisoner to less years imprisonment in exchange of a particular sum, etc.
Thus, there exists favourable climate for corruption in Georgia. Although, many high rank officials speak much about the struggle against corruption, nothing is changing, because the reasons causing corruption have not changed yet. The report of USA State Department mentions the facts of oppressing some persons and gives their names: Gelbakhiani, Dokvadze, Kobalia, Zarandia, Molodinashvili, Korbesashvili, Sherozia, Gulua, Malania, others.
Here, we shall add new information about Badri Zarandia, a prisoner sentenced to death; in January 1997 the Supreme Court changed his death sentence to 15 years imprisonment.
The above-mentioned persons were not the victims of corruption. They were political opponents of various high rank officials, as a result of which they were arrested. These persons found themselves in the better situation, as far as they were certain political figures and their names were mentioned in the report. Thus, their rights will be protected in future. As to those persons, whose rights are violated not by political motives, but by illegal actions of certain officials, their state is much more grave. In such cases, we come across tortures, threats, trade, etc. We consider, that human rights organizations should pay special attention to such cases. Within the limits of the possible, we publish such facts in every issue of our bulletin and try to help such persons. We'd like to find the names of the victims of state officials' corruption in such a report. Other human rights organizations, as well as Georgian free press, work over publishing such facts. Hence, international organizations have the possibility to spread such facts.
Our organization has other data as well. In particular, according to our information in 1996 the number of dead prisoners in Georgia made 60.
As the report notes, a new isolator, which should have been built in 1995, was not completed even in 1996. At present Parliament of Georgia discusses the budget estimates for 1997, which allocates 5 million GEL (approximately 3,8 m USD) for the new isolator. Generally, according to the budget estimates, 7m GEL (5,4 m USD) is stipulated for the penitential system. The authors of the budget estimates confirm, that in 1996 60 tetri (about 46 cent) was spent daily on keeping one prisoner, according to the budget for 1997 1 lari and 10 tetri (about 85 cent) will be spent daily on keeping one prisoner. It should be noted, that the total number of prisoners makes 10 thousand in Georgia: 7,5 thousand persons are already convicted and the cases of 2,5 thousand prisoners are at preliminary investigation.
It should be noted, that ratio of prisoners in Georgia is 150 prisoners per 10 thousand people. In Russia the same ratio is 750 prisoners per 100 000 inhabitants, in USA - 650, in Latvia, Lithuania and Estonia - 300, Norway, Denmark, Finland about 60-70, etc.
To present real picture of the current situation at the places of imprisonment in Georgia, it is necessary to cite President Shevardnadze's words. On January 24, 1997, he said publicly: "The situation in the penitential system of Georgia is so grave, that our country would have been convicted by the international tribunal, if there existed any". We think his statement is more than clear. However, the efforts by the authority to improve the situation are not enough.
If speaking about the everyday problems the authority can justify itself by hard economic situation in the country or lack of necessary sums, it is impossible to justify oneself this way while speaking about the problems of the penitential system. We mean the permission to visit prisoners in order to study their state on the spot. The report notes, that "in 1996visiting prisoners became easier, though it is still connected with many difficulties, as far as it requires appropriate permissions at high level". The report also notes, that by the October 10 order of President Shevardnadze the representatives of the Red Cross Organization were admitted to prisoners' cells without any obstacles. They have met with 303 prisoners in Georgia (60 prisoners in Abkhazia). In some cases the representatives of OSCE mission and foreign diplomats have had the possibility to meet with prisoners, though sometimes they came across difficulties and were often refused on the part of representatives of the authority. They had such difficulties, when they wanted to meet with Loti Kobalia, Badri Zarandia, Guram Papukashvili. Nugzar Molodinashvili went on hunger-strike for 30 days, in order to achieve the meeting with human rights activists. Here we can add Nikoloz Kvezereli's example, who starved for 28 days for the same purpose. We have written about it in issue 5 of our bulletin in details.
As a rule, the representatives of law-enforcement bodies justify their refusal by the theme, that the preliminary investigation has not been completed yet and they consider prisoners' meeting with anybody inexpedient. Firstly, an investigator can attend this meeting, and secondly, law-enforcement bodies often refuse human rights activists to meet with prisoners, even when the investigation is completed and a prisoner already looks through the materials of the case. The main thing is, that law-enforcement bodies ignore Georgian non-governmental HR organizations and never admit them to prisoners' cells. We should remind you, that in 1996 we sent an official letter to Internal Minister of Georgia Kakha Targamadze and raised a question about creating a monitoring group (7-8 persons) from the representatives of HR organizations, which will be able to meet with prisoners and examine the information about HR violations on the spot. It would be useful for law-enforcement bodies too, as far as if HR are not violated there, this group would announce about it in public and thus put an end to every doubts towards law-enforcement bodies. But, it seems, that Internal Ministry and Procurator's Office do not want to make the existed situation public, as far as Mr. Targamadze gave no answer to our letter. By ignoring local human rights organizations the governmental structures damage the common business, as far as international organization receive information about HR violations just from local HR organizations. Moreover, international organizations pay great attention to famous cases and prisoners, while ordinary prisoners are, as a rule, remained without any attention. That's why we try to publish the cases of such ordinary prisoners systematically in our bulletins.
As to Internal Minister of Georgia, Mr.Kakha Targamadze, he ignores international HR organizations. We give an extract from his interview (December 1996):
Question: Recently an international organization "Amnesty International" published a detailed report, which says, that prisoners are still tortured and insulted in Georgian prisons. Does this information correspond the facts?
Answer: According to my information, it is not a serious organization. Of course, there were and are some cases of abuse. We have dismissed and even arrested some employees, but violations are not wide-spread. We cooperate with international organizations, including Red Cross, which is officially admitted to prisons. They personally meet with prisoners, study the situation and send recommendations to us.
The report directly notes: "The Constitution of Georgia prohibits human tortures; still there are serious violations in this sphere. Prisoners were often beaten by security employees". We shall add, that prisoners were beaten by employees of Internal Ministry as well.
The legislation of Georgia stipulates admittance of a lawyer from the very beginning of a prisoner's detention. The representatives of law-enforcement bodies often try not to admit a lawyer to a prisoner, until they receive every necessary evidences from a prisoner. They often force a prisoner to take the blame upon himself. Afterwards, many unhonest lawyers antedate examination records, as if they have attended these examinations.
Very often prisoners describe the facts of violence towards them. Though, they often deny the same facts. It is obvious, that they are forced to act so. For example, in October 1997 a defendant Giorgi Fedorov described the terrible tortures he was subject to. He also named a person, who participated in this torture. "I demand to punish those representatives of law-enforcement bodies, who almost destroyed me physically; as a result of the above-mentioned tortures, I am undergoing medical treatment in prison hospital now", he wrote. It is an extract from his statement and the whole statement was published in issue 3 of our bulletin for 1996 year. Georgian free press also wrote about this fact and when the society raised a question of punishing the participants of the torture, Mr. Fedorov denied the fact of his torture. Moreover, he announced, that he has not written such a statement at all (though there really exists an original).
Thus, when there are no guarantees of admitting a lawyer to a prisoner, and human rights organizations have no right to meet with prisoners, there exists a real danger, that law-enforcement bodies will force any citizen to sign any kind of evidence. They have very good methods for it.
Parliament of Georgia tries to bring some norms of current Penal Code into correspondence with Georgian Constitution, until a new code is adopted at the end of 1997. For example, since Georgian Constitution (paragraph II of article 15) notes, "capital punishment, till its full abolition, may be envisaged by an organic law for the gravest crimes against life", on December 11, 1996, Parliament made changes in the Criminal Code of Georgia. Though these changes were considered insufficient by our organization, it should be noted, that they were made to bring Criminal Code of Georgia in correspondence with Georgian Constitution. If before Criminal Code of Georgia envisaged death penalty for 13 types of crimes, after these changes death penalty remained only for 9. We repeat, that we demand full abolition of death penalty in Georgia, our organization considers the moratorium declared by President Shevardnadze on December 10, 1996 correct, though an insufficient step in this direction.
Our organization gives serious importance to the law adopted by Parliament of Georgia on November 27, 1996. The law was put in force on January 1, 1997. As it seems, the authors of the report could not look through the afore mentioned law "On making changes and additions in the judicial procedure in Georgia". We shall address this law in details, because if this law is implemented, it will reveal violations in the work of law-enforcement bodies. We shall provide some items from the new law. For example, the following third part was added to article 10 of Judicial Code of Georgia:
"A defendant has the right to appeal against the illegality of the decision about prolongation of time limits for pre-trial detention or arrest".
The following part was added to article 83 of the same code.
"While detaining a defendant, law-enforcement bodies, investigator or procurator must explain to the detainee, that he has the right to appeal to the court against the illegality of his arrest ".
Article 221 (paragraph 5) gives more detailed description of the mechanism of appealing against prolongation of time-limits of pre-trial detention or arrest:
"The illegality of time-limits prolongation by investigator or procurator during the arrest or pre-trial detention of a defendant can be appealed in the court".
A defendant, a lawyer or a legal representative appeals to the court with direct help of an investigator or a procurator.
The administration of places of confinement is obliged to send such an appeal to the court of appropriate region within 24 hours; according to part 4 of the same article (it means an accusation, which envisages death penalty) the appeal must be sent to Supreme Court.
Article 221 (paragraph 6) of Judicial Code explains how the legality of time-limits prolongation is examined in the court. In particular, this article writes:
"A judge will fix the date of the hearing on the appeal within 5 days after receiving the appropriate documents. He will inform a defendant, his lawyer or legal representative, as well as the procurator and the administration of the detention place about it in written form.
The appeal will be discussed at the closed hearing with participation of a defendant's lawyer, legal representative and procurator... If a judge considers, that the appeal includes the sufficient data about violations of defendant's rights during the detention or investigation, he/she has the right to summon a defendant for participation in the discussion. A judge will ascertain, whether there exist any grounds for prolongation of time-limits of pre-trial detention or arrest, in particular, whether there is sufficient evidence and whether articles 80, 88, 89 and 134 of Judicial Code of Georgia are observed.
During the examination a judge does not discuss, whether a defendant is guilty or not.
After discussing an appeal, a judge withdraws for debating the case and then passes the following motivated resolution:
1) On cancellation of a resolution about time-limits prolongation, discharge of a defendant and use of lighter form of preventive punishment.
2) On denying an appeal.
If it appears during the discussion of an appeal, that a defendant's rights were violated during the pre-trial detention or arrest, according to articles 108 and 113 a judge will bring an action for subsequent preliminary investigation ".
We give this extract from the law, because it marks the beginning of establishment of a new institute in Georgia. If this institute really acts, it will become an important barrier for law-enforcement bodies violating of human rights. A defendant is enabled to prevent prolongation of time-limits for his detention or arrest. The new law is an important step ahead. Now, the law-enforcement bodies should know, that all their decisions about arrest and the legality of their activities towards a detainee will be discussed in public and they will have to answer for their violations. Of course, we have no illusion, that this institution will settle all the existing problems; still its establishment requires a great struggle on the part of democratic forces and non-governmental organizations.
"Former MP T. Zhorzholiani was sentenced to 4 years imprisonment for using drugs. His immunity was violated during his detention (see Mr. Zhorzholiani's case in issue 1-2 of our bulletin) ".
"Definite circles announce, that some persons (Zviadists and former employees of Internal Ministry) are just political prisoners, despite the fact, that they are convicted by criminal (instead of political) articles".
"According to certain information, the security employees listen to telephone conversations. Police and Tax Inspection enter apartments and offices without any sanction. Police regularly stops people and cars in the street and examine them with the purpose of taking a bribe. Corruption is at high level in law-enforcement bodies, and the authority knows well about it".
The above-mentioned estimations are accurate, objective. We have discussed these questions almost in all issues of our bulletin.
The report also discusses the question of human rights violations of those defendants, who are accused of the terrorist act upon President Shevardnadze on August 29, 1995. 15 months have passed since their detention, though a trial has not been held yet. In this connection, we shall speak about those persons, who were arrested the very next day after the terrorist act. These persons were arrested on the initiative of Security Minister of that period, Igor Giorgadze, who, himself, was later accused of the terrorist act upon President of Georgia (at present Mr. Giorgadze is hiding in Russia). The above-mentioned persons have not been convicted yet (they are supporters of ex-president Gamsakhurdia). Their trial began on February 14, 1997. The following persons are accused of organizing and participating in the terrorist act upon President Shevardnadze: Giorgi Oniashvili, David Mchedlishvili, Givi lashvili, Shota Ratiani, Tamaz Mamadashvili, Gela Nanadze and Zaza Dvali. The preliminary investigation accused them of conspiracy with the purpose of overthrowing the state authority, creation of an anti-state organizations and active participation in anti-state activities.
According to the bill of indictment Ratiani, Mamadashvili and Mchedlishvili are also accused of illegal carrying of arms. Their case is discussed by Judicial Board under the chairmanship of Mr. Jemal Leonidze. The trial will be continued on February 25.
As to the question of independence of courts, the report writes: "Before adoption of the Constitution, the courts were greatly pressed by the executive authority. This practice is still continued". Though it is also said, that "the new legislation tries to limit the powers of procurator's office".
Presently, the problems of influence of the executive authority on the court, as well as its corruption, are quite urgent in Georgia. The establishment of the rule of law greatly depends on settling these problems.
Many independent newspapers, including daily ones, exist in present Georgia: they are not licensed by the authority. It can be said, that the existence of free press is one of the major achievements of post-totalitarian Georgia. Though, many problems are hiding behind surface freedom. It should be noted, that the report exactly describes and emphasizes these issues. For example, the report marks, that "not a single free newspaper is spread on the whole territory of Georgia". The main reason is, that the circulation of such newspapers is too small, and the absolute majority of the population has no means to buy newspapers. That's why, newspapers can not influence the establishment of public opinion. Besides, there are some cases, when representatives of the authority threaten those journalists, who write the articles unacceptable for them. The report writes about it too.
"TV is the main source of information for Georgian population, though it is fully under influence of the authority" the report notes. The fact, that the authority can not accept the existence of free channels on TV is proved by the case, connected with "Rustavi-2". Erosi Kitsmarishvili, the director of the telecompany "Rustavi-2" commented on the part of the report, which concerns "Rustavi-2". He announced:
"The document marks, that the authority deprived the telecompany of its right to broadcasting. Despite the fact, that Supreme Court decided the case in favour of "Rustavi-2", its broadcasting is still dragged out. The question is, that a respondent Communication Ministry and one of the independent channels - made a complaint, but the sittings fixed on February 4 and 11 were postponed.
Mr. Kitsmarashvili considers, that if the court does not decide this case on February 18, this question will remain undecided forever.
"The later "Rustavi-2" begins broadcasting, the more severe its material and moral damage will be" he announces.
Though, according to Mr. Kitsmarashvili, if others see that a private organization can win a suit and restore its rights, it will somehow compensate the damages.
"I think, that this process is connected with the fact that the authority wants to create a certain balance simultaneously. As for us, we have gathered the strength and are ready for broadcasting" the director of "Rustavi-2" notes.
As for freedom of meetings and mass demonstrations, the report notes only one case (May 26, 1996), when the meeting of Zviadists, with participation of 200 persons, was dispersed. It should be noted, that in 1996 other meetings were also roughly dispersed (for example, during the trial of Loti Kobalia and others, people, who gathered in front of the building of Supreme Court, were dispersed). The main issue is, that the law on meetings and mass demonstrations is imperfect. Unfortunately, a new bill, submitted to Parliament of Georgia, does not satisfy the requirements of a democratic state.
We do not speak much about the problems of women's rights, religious minority, ethnic and race minorities, as far as they are not so urgent for present Georgia.
As to the problems of children and unemployed, these questions are too serious in present Georgia and their settlement depends on the correct social policy of the authority. For example, one of the most painful problems for present Georgia is the question of homeless children. According to the official data, their number makes 18 thousand.
Finally, we shall discuss one more painful and important question: a law on ombudsman. It was adopted in Georgia in May 1996, though, as the report marks, an ombudsman has not been elected yet. This issue affects the state of human rights protection in Georgia. The law on ombudsman gives great powers to public defender and this institute will really improve the state of human rights protection in Georgia. The fact, that Parliament of Georgia has not been able to elect an ombudsman for already 10 months after adoption of the law, is explained differently. The representatives of the authority say, that they realize the responsibility, which will be assumed by an ombudsman, that's why they look for a nominee scrupulously. Non-governmental organizations for human rights say, that the authority wants to find such a nominee, who will be both authoritative and obedient to the authority.
In such a situation the role and significance of non-governmental organizations are increasing. Unfortunately, their potential is not fully used by democratic forces.
In conclusion, it should be noted, that the USA State Department report is an important document, which directly describes the reality and tendencies existing in present Georgia. That's why, its conclusions should be taken into account by everybody, who cares for democracy and human rights in Georgia.
Non-governmental, non-political
orgazation "Former Political Prisoners for Human Rights".
P.S. The current state of human rights, first of all, reflects on the attitudes of Georgian population. That's why, we think it would be interesting to give the results of the sociological research, which was held in Georgia in December 1996. The questionnaire prepared by firm "Sociogeo".