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Appeal of Georgian non-governmental organizations working in the field of protection of rights

December 16, 2010
To:      Diplomatic Missions Accredited in Georgia;
International Organizations Accredited in Georgia;
International Organizations working in the
field of Protection of Rights;

From:      Georgian non-governmental organizations
working in the field of protection of rights

Appeal

On October 21, 2020, in Tbilisi, at the territory of “Elsavaco” Ltd (so called “Lilo” marketplace) the market traders hold the peaceful protest rally. They addressed representatives of political union “National Forum” for assistance and support. According to the declaration made by Mr. Giorgi Tskhakaia, head of Revenues Service on the same day (see: www. interpressnews. ge at 16:10, 21/10/2010;  News Program of TV Channel Caucasia at 20:30) Lilo market place was not closed or sealed, i.e. any citizen could freely enter and move around inside the market area. However, the rally participants were impeded to move freely by the persons dressed in casual clothes that caused an incident between the rally participants and the mentioned persons. The persons wearing casual clothes physically abused Mr. Kakha Chakvetadze, Deputy Head of partial control of p/u “National Forum”, that is proved by the video materials recorded by TV channels: Caucasia, Maestro and itv.ge and the testimonies given by the rally participants.

Mr. Kakha Chakvetadze was detained immediately after the incident by the law enforcement officers of Tbilisi Isani-Samgori Police office of the Ministry of Internal Affairs under the first part of the article 353 of Georgian Criminal Code (resistance to the police officer or the state authority aiming impediment of public order or terminate his/her duties).
On October 23, 2010 the Board of Criminal Cases of Tbilisi City Court sentenced Mr. Kakha Chakvetadze to imprisonment as a preventive measure, and on November 2, 2010 the Investigative Board of the Court of Appellations upheld the decision of the Tbilisi City Court.

According to the materials at our disposal, we can assume that:
 
During the course of the rally the persons dressed in casual clothes deliberately attacked Mr. Kakha Chakvetadze and abused him physically. As it was clarified later, those persons were the officers of Security Police of Georgian Ministry of Internal Affairs and the private security guards of the “Elsavaco” Ltd. itself.

The video materials recorded by TV channels “Caucasia”, “Maestro” and “itv.ge” make obvious that none of the security police officers wore their relevant uniforms or the distinctive badge, thus violating the article 28 of Georgian Law about Police, and the Order #1633 issued by the Minister of Internal Affairs on December 28, 2007.

The same video material proves that Mr. Kakha Chakvetadze in no way resisted to the officers but he was a subject of physical abuse – several persons beat him lying on the ground. The incident was cancelled as soon as police officers intervened.

The case materials confirm that Mr. Kakha Chakvetadze obeyed the very first call from the police officers and got into a police car without any objection.
 
It is also noteworthy, that at the scene of the incident the law enforcers did not explain to Mr. Kakha Chakvetadze that he was detained; neither reminded him about his rights; deceptively put into the car and taken to the unknown direction. Neither Mr. Kakha Chakvetadze’s family  nor the representatives of p/u “National Forum” could get any information about his location during 20 hours after the incident. The law enforcers denied to disclose Kakha Chakvetadze’s location during the mentioned period.
 
Taking in consideration the above listed facts, we believe that:

1.    The charge imposed to Mr. Kakha Chakvetadze  - resistance to the police officer or the state authority aiming impediment of public order or terminate his/her duties – cannot be confirmed by the case materials;
2.    The action conducted by the law enforcers against Mr. Kakha Chakvetadze, the criminal case launched, the decisions made by Tbilisi City Court and the Court of Appellations are political payment to punish him for his different political views.
 
Due to the circumstance that we have one more political prisoner in the form of Mr Chakvetadze, we would like to address Diplomatic Missions and international Organizations accredited in Georgia, as well as to the International organizations working in the field of rights protection, to study the above described case in the frames of their competence and monitor the court trial in order to avoid next unlawful decision against Mr. Chakvetadze.
 
1.     “Priority of Human Rights” – Lia Mukhashavria
2.    „Center for Human Rights” – Ucha Nanuashvili
3.    „House of free Opinion”  - Bakur Bakuradze
4.    „Article 42 of the Constitution” – Manana Kobakhidze
5.     „Solidarity to illegal prisoners” – Eka Beselia
6.    „Former political prisoners for human rights” – Nana Kakabadze, Gela Nikolaishvili

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