| Paris,
19th November 2001
Dear Mr
Chevardnaze,
The FIDH
is deeply concerned with the recent violations of human rights
in Georgia.
On 30th
October 2001, a police raid was conducted in the offices of
the main independent television channel Rustavi 2 in Tbilissi.
This raid was carried out on the basis of an alleged fiscal
fraud of the channel. According to the information given by
the Human Rights Information and Documentation Center (the former
ISHRG, Independent Society "Human Rights in Georgia"),
a fiscal inspection made the previous week had concluded that
the channel respected its financial obligations. This raid caused
a major political crisis, which resulted from a strong mobilisation
of civil society to defend the freedom of the press.
This raid
was not the first act of intimidation against Rustavi 2. On
26th July 2001, its main presenter, Géorgiy Sanaya, was
found dead from a bullet in his head. Even though an investigation
was officially launched, neither those responsible for this
crime nor its perpetrators were identified. These acts aim at
neutralizing this independent channel, critical towards the
government and firmly committed to denouncing the endemic corruption,
including within the Ministry of the Interior.
Besides,
on 12th October, the director of the press agency "Caucas-Press",
Paata Kurashvili, was attacked and seriously injured by unidentified
men who stole him money and his mobile phone.
These events
occurred in violation of the Universal Declaration of Human
Rights which affirms in its article 19 the right "to freedom
of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart
information and ideas (...)", and of the International
Covenant on Civil and Political Rights ratified by Georgia,
which also guarantees freedom of expression in its article 19.
Furthermore,
in the framework of their joint programme of the Observatory
for the Protection of Human Rights Defenders, the FIDH and the
OMCT (World Organisation Against Torture), have been informed
of hindrances to freedom of association. According to the Human
Rights Information and Documentation Center, on 4th July 2001,
the "Liberty Institute" organisation's office was
robbed. The thieves did not touch the new computers but took
two monitors and three hard disks, which contained investigation
data on corruption. The police opened an investigation only
on the following 21st August.
The Human
Rights Information and Documentation Center (the former ISHRG)
has also been the target of several acts of harassment. On 6th
July 2001, one of its representatives, Zviad Mamasakhlisi, and
his friend Tamaz Varsimashvili, were attacked by five policemen,
who severely beat them, first in the street, and then in the
police offices. Last year, on 8th July 2000, the ISHRG's head
of public relations and George Chanadri, reporter for the independent
newspaper Dilis Gazeti, were arbitrarily detained. On 11th November,
the association's offices in Gori were invaded and sacked by
a group of seven to eight people armed with iron bars. They
confiscated their equipment (computers, printers...) along with
all their documents.
These acts
are in contradiction with the main human rights instruments
which guarantee the freedom of action for human rights defenders
and particularly, the Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental
Freedoms adopted on 9th December 1998 by the United Nations
General Assembly. Its article 8.2 stipulates that everyone has
the right to " submit to governmental bodies (...) criticism
and proposals for improving their functioning and to draw attention
to any aspect of their work that may hinder or impede the promotion,
protection and realization of human rights and fundamental freedoms
".
The FIDH
is all the more concerned about these recent acts of harassment
since they occur in the context of renewed tension between Georgia
and Abkhazia. The absence of any progress towards a political
and pacific settling of conflicts in Abkhazia (1992-1994) and
South Ossetia (1990-1993) creates conditions for regional instability
and renewal of hostilities, whose first victims are civilian
populations.
During the
conflict opposing Georgia to Abkhazia, nearly 250 000 Georgian
people were forced to flee this territorial entity. Yet, as
of today, no solution has begun to take shape on the statute
of Abkhazia, the return of refugees, and the restitution of
goods or the compensation for properties lost between 1990 and
1994. This situation has been emphasized by the Council of Europe
Parliamentary Assembly, which in its last resolution in September
2001 (Resolution 1257) " regrets that no substantial progress
has been realised ". The FIDH calls on all the parties
in presence to do their utmost to allow a lasting political
solution to be found in the shortest time.
Moreover,
according to the information received, serious violations continue
to be perpetrated by the police. Acts of torture in police offices
and in preventive detention centres keep being reported. The
police officers accountable for these violations benefit from
widespread impunity.
Furthermore,
freedom of religion has continually been attacked for more than
two years. These past months, religious extremists have carried
out recurrent and violent attacks against non-Orthodox religious
minority groups, in particular the Jehovah Witnesses and the
Baptists. For example, on 28th September 2001, the Jehovah Witnesses,
gathered for their annual convention, were attacked by a hundred
of assailants. They were all severely beaten, including women
and children. Property was sacked and books burnt, following
the orders of the revoked Orthodox priest, Mr Vasili Mkalavishvili
known for holding violent speeches full of hatred against religious
minorities. These attacks seem to have benefited from the police's
tacit complicity, as they refused to help the victims. Yet the
Jehovah Witnesses had notified their convention's venue to the
police which then committed to protecting them. On 30th September,
nearly 124 people, members of the extremist ultra-orthodox organisation
" Jvari ", attacked a Jehovah Witnesses meeting in
Rustavi.
These various
elements have also been underlined by the Council of Europe
Parliamentary Assembly, which recently made public an alarming
report on the human rights situation. It considered in its last
resolution that " Georgia was far from honouring its obligations
and commitments as member of the Council of Europe ". The
Assembly also insisted on corruption, which " remains one
of the most serious problems faced by the Georgian society "
(Committee on the honouring of obligations and commitments by
member states of the Council of Europe, Report 9191, 13th September
2001).
The FIDH
considers that the information received establishes serious
human rights violations and contradicts the principles and provisions
inherent in the Rule of law.
The FIDH
calls on the Georgian authorities to guarantee the free exercise
of the fundamental freedoms. The FIDH also asks that Géorgiy
Sanaya's murderers be identified and prosecuted as soon as possible.
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