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Special statement of the Public Defender of Georgia Sozar Subari

May 14, 2009

I express my utmost concern about the statement made by the President of Georgia Mikheil Saakashvili on May 11 after the meeting with opposition leaders. In particular, he said: “In order to dissolve the confrontation, I have offered the radical groups a moratorium on further investigation and prosecution of all the law violations that took place during the protests due to excessive political emotions.”

I declare categorically that no citizen, and especially the President of Georgia who is supposed to be the guarantee that the constitution is upheld, has the right to declare a moratorium on law enforcement in agreement or bargain with their political partners or opponents. This is an unlawful and anti-constitutional act, and such moratoria on the part of heads of state are only characteristic of authoritarian countries where it is recognized that the head of state himself is the law.

The major source of the acute problems in Georgia is that laws do not function, the justice is selective and the government declares a moratorium on law enforcement whenever it deems it necessary. That is why beating and torturing citizens, infringing on their rights, intimidating them and other violations have become commonplace.

It is precisely this criminal moratorium that human rights in Georgia have fallen victim to. If the government wants to dissolve the tension, it must punish all those who have committed crimes, violated human rights and exceeded their authority regardless of their political affiliation rather than declare unlawful moratoria. Impunity of criminals will be a clear message signifying that in Georgia rule of law will again be nonexistent, justice will remain selective and human rights violations will be encouraged.

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