Georgian Young Lawyers’ Association, Transparency International Georgia, ISFED, the coalition Free Choice and Multinational Georgia are concerned that a new charity fund might be misused to influence voters by the opposition coalition Georgian Dream.

Several media outlets have recently reported about the creation of the charity Komagi. On May 14, the daily newspaper Rezonansi reported that leaders of the Georgian Dream coalition were discussing the future activities of Komagi, associating the fund with the opposition movement.

Rezonansi reports that the organization Komagi will provide financial and legal aid to citizens who have been persecuted because of their political views. Rezonansi quotes Sozar Subari, a leading figure of the Georgian Dream, saying that the fund will provide a lawyer to any citizen who has been assaulted and that it will cover costs of medical treatment and other expenses. Furthermore, it will fully compensate for social assistance that was withdrawn as a result of political activism and for lost salary income. Depending on the need, the fund will allocate GEL 1,500 to 5,000 per case and month, according to the newspaper report.

GYLA reacts on video material reported by various TV companies depicting Beso Gazdeliani – deputy head of local government’s executive body (gamgebeli) of Isani- Samgori district of Tbilisi, abusing physically citizens and activists of one of the opposition parties who have gathered in Ortachala and criticized measures undertaken by the government for alleviation of flood affects in Tbilisi. Video recording shows that Beso Gazdeliani was initiator of the conflict.

Video recording reveals signs of offence. Competent investigative bodies are obligated to launch investigation, as per article 101 of the Criminal Procedure Code, since some TV companies have broadcasted facts of exposed physical violence.

GYLA is especially concerned with the statement released by Tbilisi City Hall in terms of Beso Gadeliani’s behavior. Tbilisi City Hall pays special attention to citizens’ conduct and reports that they have “humiliated” Beso Gazdeliani. The video material broadcasted by TV companies does not prove such fact. According to the video record, one of the citizens applies to Beso Gazdeliani with the following words: “Where was your President …to watch football. He should have been at the funeral… You don’t care about it… because you are members of the “Nationals””. The statements contain public criticism of state authorities’ conduct. GYLA would like to remind Tbilisi City Hall and deputy gamgebeli of Isani- Samgori district that European Court of Human Rights repeatedly stated: “Freedom of expression also implies such statements that cause shock, anxiety and humiliation of the society or its certain part, rather than only such statement that are considered neutrally by public.” The scope of the right to expression is especially observed, when the government becomes the target of criticism.

Today, in hotel “Courtyard Marriott” participant NGOs and media organizations of the campaign “This Affects You” arranged a round table and introduced to international organizations and political parties the package of pending amendments to the Election Code. Representative of diplomatic corps and international organizations, state authorities, member of parliamentary and non-parliamentary opposition, as well as NGOs and media organizations were invited at the round table.

At the meeting, authors of the legislative initiative discussed the gaps of the applicable legislation and submitted their proposals in details, which, in their opinion, will ensure development of the election day procedures, equal media coverage for election subjects in  pre-election period and unrestricted broadcasting by cable operators and will improve media and election enviroenment in the country.

On May 7, member nongovernmental and media organizations of the campaign “This Affects You” submitted to the Parliament of Georgia the new legislative proposals on introducing of amendments to the Election Code of Georgia and certain legislative acts.

The legislative proposal is focused on the following issues:

Georgian Young Lawyers’ Association and its Georgian Media Legal Defense Center respond to the detention of journalist Gela Mtvlivishvili at Tianeti Police Station and argue that burden of proof rests with the Ministry of Interior Affairs of Georgia.

GYLA’s lawyer Amiran Zenaishvili reported about the details from the site of the incident. According to our information, on May 20, 2012, at around 13:00, journalist Gela Mtvlivishvili was carrying out his work-related activities in the regional center of Tianeti when he was approached by officers of MIA’s regional division in Tianeti and demanded a document for identification.

Gela Mtvlivishvili clarifies that he showed his ID card to the police and identified himself. Afterwards, he was forced into the police station for seizing his video camera and examining the footage. At the police department he was abused verbally and physically, beaten in his head and then they called an ambulance.

GYLA and ISFED respond to the reports of violence against the head of the Khobi District Office of the political coalition Georgian Dream, Mamuka Kardava and demand an objective, thorough and timely probe into the alleged fact.

According to media reports, Mamuka Kardava was assaulted by four unidentified individuals near a railroad crossing in the village of Nojikhevi, Khobi District on May 20, at around 00:45, when he was driving back home. Mamuka Kardava alleges that one of the assailants managed to get into his stopped car and tried to strangle him. Mamuka Kardava tried to back up but the assailant interfered with the steering wheel and the vehicle crashed into a metal post. He also states that the three assailants forced him out of the crashed car and beat him with a truncheon. The very same night Mamuka Kardava checked in the Khobi District Hospital with multiple injuries.

It is noteworthy that the incident was preceded by a physical and verbal abuse of Mamuka Kardava by an employee of Khobi Gamgeoba, Vladimer Chitanava during a meeting of the Georgian Dream’s representatives with population of the village Chaladidi in Khobi Municipality, which was witnessed by ISFED observers.

In an interview with ISFED’s representative, head of the Khobi office of the Georgian Dream alleged that the assault was connected with his political activities and state that officers of law enforcement agencies were involved in it.

On May 17, 2012 LGBT rights protection organization “Identity” arranged the outdoor LGBT related event/rally to mark the International Day against Homophobia and Transphobia. On May 8, 2012 the organization “Identity” filed the notice to Tbilisi City Hall. The letter   #07/63542-7 provided that on May 17, 2012 “Identity” planned the rally from Philharmonic Concert Hall to the direction of Grigol Orbeliani Square. The event started on the indicated time nearby Philharmonic building and followed the planned route. At the Rustaveli Avenue, near the Academy of Science, members of the “Orthodox Parents’ Union” and “the Society of Saint Vakhtang Gorgasali”, blocked the movement of the rally by the live chain.

Paragraph 9, Article 8 of the Law of Georgia on Assembly and Manifestations provides that an assembly or a manifestation must be held at the place and time indicated in the notification, in accordance with the route and purposes specified therein. Having blocked the Rustaveli Avenue, members of the Orthodox Parents’ Union disallowed participants of the rally to continue the manifestation according to the indicated route and thus violated paragraph 2, Article 12 of the Law of Georgia on Assembly and Manifestations. The article obliges citizens not to obstruct conduct of assembly or manifestation held in accordance to the rules prescribed by this law. In addition, according to one of the key principles of freedom of assembly and expression, law enforcement representatives are obliged to take measures with a view to separate the participants of the rally and counter - demonstrators and thus ensure exercise of the right to assembly and manifestation by the both parties.   

The coalition Georgian Dream applied to NGOs, stating that Tbilisi City Hall refused to provide it with adequate time for installing a stage for a large-scale demonstration on Freedom Square in Tbilisi on May 27. Video footage of a conversation between the Georgian Dream representatives and Tbilisi City Hall shows that Tbilisi City Hall cited anticipated disruption of traffic as grounds for the refusal. More specifically, the city Hall's representative believes that installment of a stage together with corresponding equipment on Freedom Square prior to the demonstration may disrupt traffic, which amounts to artificial blocking of traffic under the Law of Georgia on Assemblies and Manifestations and would be deemed as unlawful. However, representatives of the Georgian Dream maintain that works for installment of the stage will not result in full blockage of the carriageway.

The below signatory NGOs clarify that in compliance with the universal principles of assemblies and demonstrations, the state is not only prohibited from interfering with the freedom of assembly but it is also obligated to take all measures necessary to facilitate exercising of this right.

Under the first clause in paragraph 4, Article 111 of the Law of Georgia on Assembly and Manifestation, "Blockage of a carriageway is prohibited, unless necessitated by the number of participants of an assembly or a demonstration". The stipulation "unless necessitated by the number of participants of an assembly or a demonstration" must be broadly interpreted. More specifically, when holding a demonstration in a due manner requires certain technical equipment that must be installed prior to the demonstration and it is impossible to do so without blockage of a carriageway, such action must be viewed as blockage of a carriageway “necessitated by the number of participants of an assembly or a demonstration”.  Otherwise, it would be impossible to hold a demonstration in a due manner, which will result in violation of the right guaranteed by Article 25 of the Constitution. As for the second clause in paragraph 4, Article 111 of the Law, prohibiting “blockage of a carriageway by automobiles, various constructions and/or items,” this provision must be narrowly interpreted and applied solely to cases when a carriageway is blocked by automobiles, various constructions and/or items intentionally, as opposed to the need to organize a demonstration in a due manner. Any other interpretation of the provision makes it impossible to organize a large-scale event which is impossible to hold without technical equipment (installment of stage, audio or visual amplifiers, etc.).

On May 25, outside the office of the Ministry of Justice of Georgia, an assembly in solidarity with journalists was held. Participants demanded prompt investigation into the alleged harassments of journalists and prosecution of officials who interfered with journalistic reporting, assaulted, verbally and physically abused or unlawfully detained journalists.

Number of journalists who apply to offices of the Georgian Media Legal Defense Center (GMLDC) in the regions and in Tbilisi for unlawful interference with their professional activities, has significantly increased. Frequently such cases involve insulting journalists and unlawfully interfering with their professional activities. We believe that immediate response to these unlawful actions and restitution of the violated rights is the responsibility of the state.

GYLA’s Georgian Media Legal Defense Center calls on the law enforcement to launch an immediate probe into all alleged harassments against journalists, since supporting media and creating safe environment for journalists to work in is of vital importance for a democratic state.

Georgian Young Lawyers’ Association (GYLA) and the International Society for Fair Elections and Democracy (ISFED) will monitor the manifestation to be held by the coalition Georgian Dream on May 27, 2012 in Tbilisi.

The monitoring will be carried out within the frames of a long-term pre-election monitoring, which entails monitoring of public meetings organized by political parties as well as realization of freedom of assembly and manifestation.

Monitors will observe all developments in Tbilisi and throughout the regions related to organization of the May 27, 2012 assembly and mobilization and relocation of participants.

GYLA and ISFED remain hopeful that the assembly will be held in a peaceful environment and the authorities will observe legal guarantees for assembly and manifestation.

Georgian Young Lawyers’ Association responds to fining of Bidzina Giorgobiani by the Chamber of Control’s Financial Monitoring Service of Political Parties, deeming it unlawful.

On May 28, 2012, Bidzina Giorgobiani was fined with ten times the amount of an allegedly unlawful donation made by him in favor of the non-entrepreneurial non-commercial entity Komagi Foundation . We believe that by doing so the service of the Chamber of Control of Georgia acted beyond the scope of it’s the mandate granted under the Organic Law of Georgian on Political Unions of Citizens. The administrative agency’s decision to fine Bidzina Giorgobiani is unlawful and unsubstantiated due to the following circumstances:

As early as May 18, 2012, the monitoring service of the Chamber of Control of Georgia contended the Bidzina Giorgobiani was a) a secretary of the Conservative Party of Georgia for foreign affairs; b) and also a member of the political coalition Georgian Dream – Democratic Georgia and c) judging from his public statements, Bidzina Giorgobiani was closely linked to the plans of the Georgian Dream . According to the comments made on the very same day, the monitoring service of the Chamber decided on May 18, 2012, to seize the accounts of a charity foundation Komagi, monitor financial activities of the foundation and take administrative measures , essentially meaning that on May 18, 2012, the monitoring service decided to deem the international charity organization Komagi Foundation as a subject of monitoring envisaged in Article 261 of the Organic Law of Georgia on Political Unions of Citizens due to its public statements and publicly declared objectives. It meant that prohibitions for political parties now applied to Komagi Foundation.