THE FACTS OF HUMAN RIGHTS VIOLATIONS IN CURRENT GEORGIA
PERSECUTION OF FREEDOM
OF SPEECH
In September 1993 Abkhazian separatists managed to drive the Georgian population from Abkhazia with outside assistance, and those who remained there were exposed to genocide. At present 200 thousand refugees from Abkhazia live in Georgia. The Abkhazian State Television moved to Tbilisi and began functioning on the base of Georgian television and radio company. As far as neither the Abkhaz authority (which functions in Tbilisi) nor the Georgian administration were satisfied with the contents and directions of Abkhazian TV programs, Abkhazian TV was often oppressed. In particular, in April 1994 Abkhazian TV had to cease its work for 5 months. After explicit demands of the Parliamentary Commission on Human Rights and non-governmental organizations, Abkhazian TV resumed its work in September 1994, though it again ceased functioning in November of the same year (after two months). When the interested persons and organizations asked about the reason, the administration of Georgian television and radio company and the representatives of Abkhazian Council of Ministers shifted the blame on each other.
According to Malkhaz Pataraia, the head of Abkhazian TV, the main reason of the Georgian authority's struggle against Abkhazian television was the fact, that "the employees of Abkhazian television prepared their best programs according to universally recognized democratic standards about mass media's functioning, taking into account all requirements of law and the company's regulations. Some considered this act as anti-State activities."
Finally, as a result of this conflict, in May 1995 the Council of Ministers of Abkhazian Autonomous Republic passed a resolution on relieving Malkhaz Pataraia, the head of Abkhazian Television, of his post due to his professional incompatibility.
The document, according to which Mr. Pataraia is relieved of his post, includes a great number of such accusations, which obviously oppose the Georgian Legislation in force and violate the 1966 year International Pact on Civil and Political Rights. In particular, this document consists of the following accusations towards Mr. Pataraia:
1) Gross violation of the law on mass media;
2) The activity of Abkhazian television and radio company obviously opposes the state policy of Abkhazian authority and government;
3) He cannot consolidate refugees from Abkhazia for solving the Abkhazian problems;
4) One-sided and tendentious interpretation of Abkhazian problems;
5) A difficult moral-phychological climate in the staff of the telecompany;
6) Using radio and television broadcasts for inner-Party interests.
The above-mentioned document does not include any concrete facts of violations of the legislation or the company's regulations on the part of the administration of TV company or Mr. Pataraia himself. By relieving Mr. Pataraia of his post, the Abkhazian Council of Ministers violated the International Pact on Civil and Political Rights, in particular, its article 1 ("Each person has the right to have his own opinion"), article 2 ("Each person has the right to express his opinion, as well as to search, receive and spread any kind of information orally, in written form or by means of press beyond the limits of the country ") and paragraph "c" of article 25 ("All persons should have equal rights when assuming state office ").
To protest the illegalities in his loss post, Mr. Pataraia applied to the court. Almost one year has passed since then. Mr. Pataraia's case is moving from one court to another, but its examination has not begun yet. Thus, we consider that the authority puts pressure upon the court to drag out and if possible not to begin its examination at all, as far as it is obvious that Mr. Pataraia's relieving of his post is a gross violation of the Georgian Legislation and the International Pact on Civil and Political Rights. During this period different courts have postponed the examination of this case 16 times. They either declare that this case is subordinated to another court, or contend that it cannot be subordinated to any court at all. They appeal to article 213 of the Georgian Labour Code, according to which "The question of that leader who is elected, approved and appointed to the post by state authorities should be discussed by supreme organs of the government." Thus, being guided by this article, the court considers the Supreme Council of Abkhazia and the Council of Ministers of Abkhazia supreme organs of the government that opposes the Georgian Constitution.
Moreover, by approaching the matter in this way, the court violates paragraph 1 of article 14 of the International Pact on Civil and Political Rights which says: "All persons have equal rights towards the courts and the tribunals; a competent, independent court created on the basis of law should examine a case of any persons justifiably and openly." Article 6 of the Georgian Constitution directly says: "Georgian Legislation corresponds with the universally recognized principles and norms of International Law. Any international treaty or agreement of Georgia, if it does not oppose the Georgian Constitution, has an advantage over the inner-State regulations."
Despite everything, Mr. Malkhaz Pataraia's struggle with the state bodies for justice, supported by different organizations for human rights, goes on at present. Though the struggle drags on, Mr. Pataraia and his supporters do not lose hope.
P.S. While preparing the bulletin, we were informed that Mr. Pataraia had won his suit at the court and he was re-established at his office. However, according to the most recent information the Council of Ministry of Abkhazia has completely abolished the very office Mr. Pataraia held. Clearly, the Council is doing its best to keep an independent journalist away from mass media.