Georgia
21.10.03
Urgent Interventions
Georgia : Open letter to the President of the Republic
OPEN LETTER TO THE PRESIDENT OF THE REPUBLIC OF GEORGIA, EDUARD
SHEVARDNADZE
Paris - Geneva, 21 October 2003
Mr. President,
The International Federation for Human Rights (FIDH) and the World
Organisation against Torture (OMCT), in the framework of their joint
programme, the Observatory for the Protection of Human Rights
Defenders, express their deepest concern with regards to the draft
law "On Suspension of Activities, Liquidation and Banning of
Extremist Organizations", which has lately been approved by the
Security Council of Georgia and is now pending before the Parliament.
It will probably be passed in December 2003 or January 2004. If
passed, this law would seriously hinder Human Rights Defenders'
activities, and put them under the constant threat of being closed
down without previous notice.
A first draft of this law, entitled law "On Suspension of Activities,
Liquidation and Banning of Extremist Organizations and Organizations
under Foreign Control" was introduced on 18 February 2003 by the
Ministry of Security. The original draft provided the Ministry with
the power of suspending, liquidating, and banning any organization
"under foreign control" and/or acting "against the interests of
Georgia". However the draft law did not define the constitutive
elements of actions "against the interests of Georgia", nor did it
provide for criteria for considering the activities of an
organization as terrorist or extremist. The suspending of activities
or closing down by the Ministry of Justice were not subject to the
right of appeal in national courts.
Due to protests and pressure of civil society and international
experts, the Ministry of Security modified the draft law, and the
provisions regarding "organizations under foreign control" were
omitted. Article 4 of the current draft law "On Suspension of
Activities, Liquidation and Banning of Extremist Organizations"
enables the Ministry to ban organizations which show signs of
extremism, whether in activities conducted or planned, or in
statements made by heads or members and alluding to the need for a
new government, or constituting a threat for Georgian sovereignty or
territorial integrity.
According to Article 5, if such extremist activities or statements
occur, the Ministry of Security warns the organization. On the second
warning, the Ministry refers the case to the Constitutional Court or
to the Supreme Court. In case of emergency, the Ministry can refer
the case without any previous warning.
The Observatory is particularly worried that this law, if passed,
will put NGOs and Human Rights Defenders under constant monitoring
from the authorities, and constant threat of being closed down for
actions of statements arbitrarily deemed "extremist".
The Observatory recalls that Article 1 of the Declaration on Human
Rights Defenders provides for the right to "promote and to strive
for the protection and realization of human rights and fundamental
freedoms at the national and international levels." Moreover, Article
2 provides that "each State shall adopt such legislative,
administrative and other steps as may be necessary to ensure that the
rights and freedoms referred to in the present Declaration are
effectively guaranteed".
The Observatory is all the more concerned by the adverse effects that
the law will have on NGOs as it comes within the scope of a context
of obstacles to the activities of Human Rights Defenders. The
situation of Human Rights Defenders, which the Observatory denounced
in 2002 (see Human Rights Defenders on the Front Line - Annual Report
2002) indeed remains unchanged. In March 2002, Georgian highest
authorities compared NGO's activities to those of terrorists and
called for strict financial control.
On 17 September 2003, the participants to a demonstration organized
by the Union of Environmental Protection and Animal Rights ("Lobo")
were attacked and beaten up
by the police and local authorities. The demonstrators requested the
modification of the planned route of a new pipeline that is due to
cross Borjomi.
In July 2003, Mr Grigol Khurtsilava was sentenced to 13 years
imprisonment. He was charged with the murder of Giorgi Sanaya, a
journalist of Rustavi 2 TV channel known
for his denunciations of official corruption, who was shot dead on 26
July 2001. Mr. Khurtsilava confessed to the killing of Mr Sanaya and
denied any political motivation.
However, this version of the facts is open to serious doubts.
Witnesses were apparently threatened during the trial.
In April 2003, Giorgi Lagidze, a member of the Public Control Council
of the Penitentiary System of the Ministry of Justice, was denied
access to the juvenile facility of a
prison. He requested to be provided with the list of persons in
charge of the monitoring in the prison facilities. The Deputy
Director of the Regime and Security Department
subsequently beat him up.
Also in April 2003, the office of the Fund of Georgian Human Rights
Defense was attacked by unidentified men. Technical equipment and
documentation were stolen.
According to the Head of the organization, this was aimed at
preventing the release of information about violations by the police.
The Sachkhere branch of the Fund has
already been robbed four times.
In January 2003, representatives of NGOs belonging to the independent
council of public control of the Ministry of Justice were precluded
from conducting an investigation at
Tibilisi Jail Number 5. The penitentiary authorities argued that a
riot had taken place a few days earlier, and that the
representatives' security could not be guaranteed.
The Observatory urges the authorities of Georgia to amend the draft
law "On Suspension of Activities, Liquidation and Banning of
Extremist Organizations" so that it
conforms with Georgia's regional and international obligations, and
more particularly the International Covenant on Civil and Political
Rights and the U.N. Declaration on
Human Rights Defenders. Furthermore, the Observatory urges the
authorities of Georgia to ensure that the individuals responsible for
attacks of NGOs and aggressions of
their members are subject to an independent trial and punished
according to national laws in force.
The FIDH will refer the case to Mrs. Hina Jilani, Special
Representative of the Secretary-General on Human Rights Defenders,
and to the relevant OSCE bodies, and urges the authorities to invite
the Special Representative to Georgia in order to assess the
situation.
Sidiki KABA - President of the FIDH
Eric SOTTAS - Director of the OMCT
SHEVARDNADZE
Paris - Geneva, 21 October 2003
Mr. President,
The International Federation for Human Rights (FIDH) and the World
Organisation against Torture (OMCT), in the framework of their joint
programme, the Observatory for the Protection of Human Rights
Defenders, express their deepest concern with regards to the draft
law "On Suspension of Activities, Liquidation and Banning of
Extremist Organizations", which has lately been approved by the
Security Council of Georgia and is now pending before the Parliament.
It will probably be passed in December 2003 or January 2004. If
passed, this law would seriously hinder Human Rights Defenders'
activities, and put them under the constant threat of being closed
down without previous notice.
A first draft of this law, entitled law "On Suspension of Activities,
Liquidation and Banning of Extremist Organizations and Organizations
under Foreign Control" was introduced on 18 February 2003 by the
Ministry of Security. The original draft provided the Ministry with
the power of suspending, liquidating, and banning any organization
"under foreign control" and/or acting "against the interests of
Georgia". However the draft law did not define the constitutive
elements of actions "against the interests of Georgia", nor did it
provide for criteria for considering the activities of an
organization as terrorist or extremist. The suspending of activities
or closing down by the Ministry of Justice were not subject to the
right of appeal in national courts.
Due to protests and pressure of civil society and international
experts, the Ministry of Security modified the draft law, and the
provisions regarding "organizations under foreign control" were
omitted. Article 4 of the current draft law "On Suspension of
Activities, Liquidation and Banning of Extremist Organizations"
enables the Ministry to ban organizations which show signs of
extremism, whether in activities conducted or planned, or in
statements made by heads or members and alluding to the need for a
new government, or constituting a threat for Georgian sovereignty or
territorial integrity.
According to Article 5, if such extremist activities or statements
occur, the Ministry of Security warns the organization. On the second
warning, the Ministry refers the case to the Constitutional Court or
to the Supreme Court. In case of emergency, the Ministry can refer
the case without any previous warning.
The Observatory is particularly worried that this law, if passed,
will put NGOs and Human Rights Defenders under constant monitoring
from the authorities, and constant threat of being closed down for
actions of statements arbitrarily deemed "extremist".
The Observatory recalls that Article 1 of the Declaration on Human
Rights Defenders provides for the right to "promote and to strive
for the protection and realization of human rights and fundamental
freedoms at the national and international levels." Moreover, Article
2 provides that "each State shall adopt such legislative,
administrative and other steps as may be necessary to ensure that the
rights and freedoms referred to in the present Declaration are
effectively guaranteed".
The Observatory is all the more concerned by the adverse effects that
the law will have on NGOs as it comes within the scope of a context
of obstacles to the activities of Human Rights Defenders. The
situation of Human Rights Defenders, which the Observatory denounced
in 2002 (see Human Rights Defenders on the Front Line - Annual Report
2002) indeed remains unchanged. In March 2002, Georgian highest
authorities compared NGO's activities to those of terrorists and
called for strict financial control.
On 17 September 2003, the participants to a demonstration organized
by the Union of Environmental Protection and Animal Rights ("Lobo")
were attacked and beaten up
by the police and local authorities. The demonstrators requested the
modification of the planned route of a new pipeline that is due to
cross Borjomi.
In July 2003, Mr Grigol Khurtsilava was sentenced to 13 years
imprisonment. He was charged with the murder of Giorgi Sanaya, a
journalist of Rustavi 2 TV channel known
for his denunciations of official corruption, who was shot dead on 26
July 2001. Mr. Khurtsilava confessed to the killing of Mr Sanaya and
denied any political motivation.
However, this version of the facts is open to serious doubts.
Witnesses were apparently threatened during the trial.
In April 2003, Giorgi Lagidze, a member of the Public Control Council
of the Penitentiary System of the Ministry of Justice, was denied
access to the juvenile facility of a
prison. He requested to be provided with the list of persons in
charge of the monitoring in the prison facilities. The Deputy
Director of the Regime and Security Department
subsequently beat him up.
Also in April 2003, the office of the Fund of Georgian Human Rights
Defense was attacked by unidentified men. Technical equipment and
documentation were stolen.
According to the Head of the organization, this was aimed at
preventing the release of information about violations by the police.
The Sachkhere branch of the Fund has
already been robbed four times.
In January 2003, representatives of NGOs belonging to the independent
council of public control of the Ministry of Justice were precluded
from conducting an investigation at
Tibilisi Jail Number 5. The penitentiary authorities argued that a
riot had taken place a few days earlier, and that the
representatives' security could not be guaranteed.
The Observatory urges the authorities of Georgia to amend the draft
law "On Suspension of Activities, Liquidation and Banning of
Extremist Organizations" so that it
conforms with Georgia's regional and international obligations, and
more particularly the International Covenant on Civil and Political
Rights and the U.N. Declaration on
Human Rights Defenders. Furthermore, the Observatory urges the
authorities of Georgia to ensure that the individuals responsible for
attacks of NGOs and aggressions of
their members are subject to an independent trial and punished
according to national laws in force.
The FIDH will refer the case to Mrs. Hina Jilani, Special
Representative of the Secretary-General on Human Rights Defenders,
and to the relevant OSCE bodies, and urges the authorities to invite
the Special Representative to Georgia in order to assess the
situation.
Sidiki KABA - President of the FIDH
Eric SOTTAS - Director of the OMCT