GYLA challenges constitutionality of Para 1 and 4 of Article 60 of the Local Self-governance Code. The norms envisage automatic termination of official authority to the heads of services of municipality units after election of municipality gamgebeli and designation of a citizen on the position of the head of structural unit without considering his/her qualification and experience. Further, the Code allows dismissal of the person anytime without any justification.
Georgian Young Lawyers’ Association releases this statement in reaction to the meeting of the High Council of Justice yesterday on September 28, when the Council discussed filling of 68 vacant positions in general courts of Georgia by judicial appointments/transfers, amongst other important matters.
The decision made by the HCoJ as well as the process leading up to the decision, clearly shows that the work of the Council is ineffective. With its ineffectiveness, the Council further acerbates challenges and problems that exist in the court system that it tries to address by its fragmented, unsubstantiated and subjective decisions with questionable motives, as opposed to systemic, well-thought out and well-reasoned approach.
Presence of unauthorized individuals was reported outside electoral precinct no.2 of Martvili and electoral precincts no.14, no.15 and no.31 of Sagarejo. They were registering voters who had arrived at the polls, which constitutes indirect control of voters’ free will and suggests the necessity to establish applicable legal regulations and introduce the notion of ‘area outside a polling station’ in the Election Code. Mikheil Nachkebia, a majoritarian member of Martvili Sakrebulo from Village Martvili was present at the electoral precinct no.13 of Martvili wearing a badge of Martvili Newspaper. The issue is rather problematic, because in absence of applicable prohibitions, political officials are able to monitor the process as a representative of press and other media. The said incident illustrates a legislative gap that allows a member of Sakrebulo to participate in and monitor the process of elections as a representative of press and other media.
Coalition for Media Advocacy wrote a letter to the General Director and the Chairperson of the Public Broadcaster, inquiring about the broadcaster’s interpretation of conflict of interests and its practice of the Code of Conduct, with reference to the dismissal of Eka Mishveladze as Pirveli Studia talk show host and selective application of regulations of conflict of interests.
Georgian Young Lawyers’ Association (GYLA) is extremely concerned about the decision of Imedi TV management to temporarily suspend the segment of social and political talk shows during its fall season. As a result, two highly popular talk shows - Imedis Kvira and Reaktsia hosted by Inga Grigolia were closed down. Management of the TV Company explained the decision by its desire to change format of existing programs and create “a brand new TV product” for 2016 season. Producers and reporters of the said TV programs released a joint statement saying that the decision to close down the programs was rather unexpected, because the management of the TV Company had not discussed it with them. They had not been informed of anticipated changes in advance. The statement also notes that lately authorities had repeatedly expressed their disapproval about the programs and alleges that the decision is politically motivated.
Based on yesterday’s reports, court granted Kibar Khalvashi’s motion and froze shares of Rustavi 2 majority shareholder company Sakartvelo TV Ltd. that owns 51% of the shares, which may potentially result in suspension of operations of the most popular TV channel known for its criticism of the authorities. The said fact was preceded by a lawsuit filed by Kibar Khalvashi seeking to reclaim back his shares of Rustavi 2. By its August 5, 2015 decision, court simultaneously issued several interim orders in favor of the plaintiff and froze assets of Rustavi 2 TV Copmany as well as shares of the company shareholders. In addition, Director of Rustavi 2 was prohibited from discharging his authority as the company manager/executive. In view of the NGOs, the court’s decisions lacked substantiation and the interim orders were disproportional and unnecessary.
This statement is issued in reaction to the arrest of Rustavi 2 TV Company supporters outside the parliamentary building for assaulting MP Davit Lortkipanidze of the faction Georgian Dream. The detainees were charged with hooliganism (Article 239 of the Criminal Code of Georgia), which constitutes serious crime and is punishable by deprivation of liberty from 4 to 7 years. Notably, reports indicate that whereabouts of the detainees were unknown for three ours, until Rustavi 2 reported that they were missing. They were sentenced to pre-trial detention as a measure of restraint.
On September 15, 2015, during the visit of Prime Minister in Ozurgeti, members of the United National Movement (UNM) hung up a fabric banner on façade of one of the buildings in Ozurgeti bearing words “Government is a liar”. This was followed by immediate arrest of UNM members Davit Mzhavanadze and Ilia Malazonia, as well as a member of NGO Free Zone, Beso Katamadze by Ozurgeti Police under para.2, Article 150 of the Code of Administrative Offences – Making various types of inscriptions, drawings or symbols on building facades, shop windows, fences, columns, trees or other plantings without authorization, also putting up placards, slogans, banners at places not allocated for this purpose, or leaving fences and buildings unpainted, committed repeatedly, which carries a fine of 500 laris. Authorities drew up corresponding protocol of administrative offence but the detainees allege that they never received a copy of the document.
On September 21, a Facebook page named Georgian Ultras released a video footage of two incidents of assault of peaceful people in the streets of Tbilisi by an organized group. The videos were captioned as “Bergman against Negros. Hooligan firm of Dinamo often performs similar “cleaning works.” The hooligans from Tbilisi mostly target Negros but they also resist Turks and Arabians.” Notably, the Facebook page also featured another video, photo materials and symbols that illustrated hatred towards different ethnic and racial groups. The Facebook page is no longer accessible; however, media and non-governmental organizations were able to store the materials. Analysis of the video footage, photos and texts suggests that the group is well-organized and is propagating xenophobic ideas by means of social networks. In addition, it perpetrates physical violence against representatives of different racial and ethnic groups.
The present statement has been issued in reaction to the document published on official website of Khulo Sakrebulo, titled ‘Report by the chairman of the fraction Georgian Dream-Demoractic Georgia in Khulo’s Municipal Council about previous work implemented’, containing hate speech and displaying anti-Armenian sentiments. In particular, the document contains negative reerences to the alleged Armenian origin of Mikheil Saakashvili, former president of Georgia and current Governor of Odessa Oblast of Ukraine:
