Today, on April 24, 2012 three NGOs Georgian Young Lawyers’ Association (GYLA), “Institute for Development of Freedom of Information” and “International Transparency- Georgia” will submit their opinions to the Parliament on the draft of “Information Security”. NGOs consider that the legislative initiative is timely, since the risks associated with ever increasing speed of information technology development and utilization should be reflected in Georgian Legislation accordingly.

Legislative initiative on “Information Security”, examined by the Parliament of Georgia, attracts attention as far as number of provisions influences freedom of information regulating legislation and introduces certain corrections thereto. In particular,

GYLA is concerned with Azer Sulaimanov’s , Member of the Parliament – statements addressed to MP jondi Bagaturia, considers it as expression of the language of hatred and calls on him to abstain from similar conduct in future.  In the Parliament Jondi Bagatruia reported, that having recognized genocide of  Cherkez people, the Parliament has no arguments to resist from recognizing Armenians’ genocide in Ottoman Empire.  Member of the Parliament Azer Suleimanov had interrupted Jondi Bagaturia with the following words: “Our Armenian colleague Mr. Jondi Bagaturyan stays on his Armenian position. ”

MP Azer Sulaimanov’s statement is verbal attack on Armenian Ethnic group, with explicit, hostile attitude to the mentioned ethnic community.  The statement implies that wearing of Armenian family name is humiliating to an individual.

On February 21, 2012 Tbilisi City Court rendered decision on the case “AISEK –Georgia” vs. the magazine “Liberali”. Georgian Young Lawyers’ Association represented interests of the magazine “Liberali” in court.

The case concerned journalistic investigation “A victim of murky transaction” published in the   Liberali publication of March 28-April 3.  The article provided information about contractual misunderstanding among the students willing to continue their studies abroad and AISEK – Georgia.

AISEK – Georgia considered that facts brought in the Article were calumny and claimed compensation for the suffered damage in the amount of GEL 20 000 as well as to repudiate the facts published in the article.

The city court did not uphold the applicant’s position and did not satisfy any of the submitted claims. After communication with Tbilisi City Court GYLA found out, that the respondent did not appeal the decision and it entered into legal force.

GYLA considers that conduct of cleaning service of Kutaisi City Hall, in particular, application of the water cannon trucks against the youth protest,  was unreasonable interference in freedom of assembly and expression.

On May 2, activists of “Georgian Dream” Kutaisi office have gathered in the Center of the city to mark the day of the city “Kutaisoba”. With lighted candles they have written on the pavement the following words: “Happy Day of Kutaisi.” The video records of the TV Company “Maestro” reveal that in the process of the event, a truck appeared spraying water cannon at the protesters. The video recorded how a person dressed in uniform takes aim at participants of the rally with water cannon.

The protest was not held on the traffic road and organizers of the event were not required to submit preliminary notice to Kutaisi City Hall. Therefore, the assembly was legal. GYLA considers that conduct of the cleaning service of Kutaisi City Hall under the excuse to protect sanitary-hygienic or fire preventive norms in the city, is not convincing argument. It is unclear what risk shall be created to city sanitary or fire security norms with some candles placed in plastic glasses.

GYLA is concerned with Zurab Delianidze and Tengiz Belkania’s death facts in prison hospital No. 18 and conveys its sincere condolences to their families.

On May 3, 2012 mass media disseminated information on Zurab Davlianidze’s death fact in prison hospital No.18, whilst on May 4, 2012  T. Belkania’s death fact was reported.

GYLA considers that notwithstanding various proposed versions on the causes of prisoners’ death, it is necessary to conduct effective investigation into each death case by independent investigative body.

GYLA welcomes the statement of the Ministry of Corrections and Legal Assistance of Georgia made on May 4, 2012 according to which investigation of  Z. Davlianidze’s death case was passed to the General Prosecutor’s Office  and expects that investigation will be conducted in an unbiased, effective and transparent manner. In addition, GYLA makes reference to the official statement of the Ministry made on May 3, 2012 mentioning the high public interest towards the issue  and calls on the investigative bodies to submit to public periodic information on the investigation process and its outcomes.

Member nongovernmental and media organizations of the Campaign “This Affects You” are about to launch second stage of the Campaign which aims to introduce amendments to the Election Code and to make the media environment more flexible during the pre-election period. On May 7, the Campaign participants submitted packet of the legislative proposals to the Parliament of Georgia which had been signed by 35 NGOs and media organizations. The draft-amendments are open for other signatures as well.

The legislative proposal is focused on the following issues:

1.Improvement of the vote-counting procedures during the Election Day –according to the draft, the number of voters shall be recorded in the final protocol before the ballot boxes are open in precincts. It will prevent the election commissions to change the number of voters who had taken part in the process throughout the day. The amendment will blockade the possibility to amend the final protocol if the unacceptable number of voters had arrived at the precinct. The counting mechanisms were farther clarified in the proposals.

2. Ensuring transparency of activities of the election administration – online-transmitting of CEC and district election commissions’ sessions during pre-election period;

On May 2, 2012 part of journalists who came to Lado Meskhishvili Kutaisi State Theatre to cover the   President’s visit in Kutaisi, without any explanation were hindered to enter building by the President’s body guards. We consider, that is was illegal interference in journalists’ professional activities.

GYLA Media Legal Defense Center condemns the physical and verbal abuse inflicted upon Irakli Vachiberdize – a journalist of the newspaper “P.S”. As he reports, on May 3, 2012 he came to the closed meeting of government representatives and the activists of “the United National Movement”, where he was deprived of his camera and was abused verbally and physically.

Other journalists who came to Kutaisi Opera and Ballet Theatre were also restricted in their right to freedom of movement. As they reported, until the government representatives had left the city, they were detained by the security.

On May 2, 2012 a public broadcaster showed in  “Moambe” news at 16:00 public assembly dedicated to Zurab Vazagashvili’s death date organized near the tennis court territory by his relatives and friends and public representatives.

Zurab Vazagashvili’s parents applied to GYLA. They consider that a phrase used in the program  “Vazagashvili was a member of an armed group” – was false information.

The compliant was submitted to self-regulation body of a public broadcaster, by which Zura Vazagashvili’s parents claimed to repudiate broadcasted information. Lawyers from GYLA Media Legal Defense Center will protect Vazagashvili’s interests.

GYLA hopes that self-regulation body of a public broadcaster will examine the complaint timely in an objective and unbiased manner.

Today, in Radisson Blue Iveria Hotel, Georgian Young Lawyers’ Association made a presentation of the research “Rehabilitation Process beyond the Facade” prepared in the framework of the project “Promotion of Accountability and Transparency in Georgia”. The research concerns activities carried out by four non-commercial legal entities. In Tbilisi’s case they are:  “Old Tbilisi Rehabilitation and Development Fund” and “Tbilisi Development Fund” established by Tbilisi government, in Batumi’s case “Batumi Historic Part Rehabilitation Fund” established by Batumi City Hall and in Kutaisi’s case “Kutaisi City Rehabilitation and Development Fund” established by Kutaisi City Hall.

There were five key components that fell within the interest of the research:

• What were the authorities granted by the founders to the established Funds?

• What financial and property contributions were transferred to them for exercise of granted authorities?

• Transparency of expenditures received from the state and local budgets and availability of relevant information on the spent amounts by these Funds;

• How was immovable property, transferred by founders, utilized by the Funds? Where there instances of alienation of real property? If there were such facts in which form was the process implemented?

On May 10, 2012 the President Mikheil Saakashvili assessed activities of some media representatives in a negative context in Ilia Chavchavadze museum at the presentation of the Computer Education Dissemination Society.  As he noted, “Alia” and similar newspapers and “some Nazi elements” would have “engulfed and torn off” them (Ilia Chavchavadze and Iakob Gogebashvili.) As Saakashvili stated they preach “ignorance” (citation from Ilia chavchavadze).  “They belong to marginalized group and will never return and rejoin the primary part of the society” – the president added.

GYLA Media Legal Defense Center believes that only public is authorized to evaluate the product prepared by Georgian media representatives, notwithstanding its quality, save for the cases when their activity comes in conflict with Georgian legislation.