First working group of the EAP National Platform requests impartial investigation into the case of the employee of the Georgian Young Lawyers’ Association (GYLA). On March 28, an incident occurred between three employees of the GYLA’s Batumi office and the head of the Adjara Main Department of the MIA Valeri Telia in Batumi. On the same day, the MIA released a statement and alleged that the GYLA’s driver Roman Partenadze was driving car drunken and breached traffic rules. The MIA even published video-recording of this incident which was withdrawn from the watch video-camera of the pharmacy PSP located in the area.
On April 2, General Inspection of the MIA published the conclusion about the incident between Valeri Telia and Roin Partenadze which stated that based on the video-footage from the camera of the pharmacy and statements of the eyewitnesses, they concluded that Valeri Telia had not abused his professional power. GI estimated as a result of its inspection that G.S. had not premeditatedly damaged the video-footage from the watch camera of the Batumi House though disciplinary punishment was imposed on him for poor work and was strictly reprimanded.
The video-footage containing significant evidence around the aforementioned case was damaged. In accordance to the Article 368 of the Criminal Code of Georgia, destruction of evidence in criminal, civil or administrative case is a crime punishable by fine or imprisonment from two to five years, or by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.
Later it was clarified that V. Telia did not have driving license though nobody had paid attention to that. In accordance to the Article 119 of the Administrative Code of Georgia, if a person drives a car without driving license is crime and is fined with 200 lari.
The state carries negative and positive responsibilities that mean it shall protect fundamental rights and freedoms of the person and launch full, thorough and impartial investigation if it is necessity.
It is urgently important to estimate real reason of damaging the vide-footage. Consequently, relevant investigation shall be launched in order to estimate the perpetrators and impose criminal liability on them. Besides that, equality right before the law shall be guaranteed and relevant sanctions shall be imposed on people regardless their privileges and status. It is particularly important, when public servants and police officers are involved in the case.
We call upon the Ministry of Internal Affairs of Georgia and Chief Prosecutor’s Office to start effective investigation into the case and provide the society with true information.
Undersigned organizations:
1. Penal Reform International
2. Georgian Press Association
3. Association “Green Alternative”
4. European Initiative – Liberal Academy Tbilisi
5. Transparency International – Georgia
6. Open Society – Georgia Foundation
7. Women’s Initiatives Supporting Group
8. Levan Mikeladze Foundation
9. Public Advocacy
10. Human Rights Center
11. Georgian Young Lawyers’ Association
12. Georgian Association of Regional Broadcasters
13. Association “Merkeri”
14. United Public Movement “Multinational Georgia”
15. Youth for Justice – Georgia
16. Tbilisi Center for Policy Analysis (TCPA)
17. Foundation for Media Development
18. Civil Society Institute
19. Knowledge Fund
20. International Center on Conflict and Negotiation (ICCN)
21. Association for Farmers’ Rights
22. Economic Policy Research Center (EPCR)
23. Association “Woman and Business
24. Public Policy Institute
25. Energy Efficiency Foundation
26. Democracy Institute
27. Coalition for Independent Life
28. Article 42 of the Constitution
29. Association Dea
30. International Organization of Human Rights protection and Prisoners Social Welfare
31. Studio Re