Does Sachkhere population face threat of imprisonment?

Nino Kakhishvili, Netgazeti

Do 50 thousand residents of Sachkhere municipality face threat of imprisonment up to three years? – Legislation adopted by the Parliament at the end of December of last year envisaged this possibility.

People are standing in lines in the yard of Sachkhere hospital since the middle of February of 2012 when the financing for voluntary medical (personal) insurance was restored by Ltd Insurance Company Cartu, people. Locals state that insurance policy which they receive from Cartu every year has such a big limit that they cannot use it up fully for one year: planned therapeutical stationary service within 20 000 GEL, ambulatory service within 1200 GEL, giving birth for free, dentist service, radial therapy and etc. Insurance policy covers 100% of this service.

Since the distribution of new insurance policies has not finished yet it is unknown how many residents of Sachkhere are insured by company Cartu. The person responsible for issuing the policies states that last year this number amounted to 49 thousand. According to data of 2009 approximately 7 million GEL was spent for Sachkhere population for insurance.

International Charity Fund Cartu finances health insurance programs in Sachkhere. Irakli Gharibashvili has been in charge of the fund for years. Gharibashvili is a member of initiative group of Georgian Dream – Democratic Georgia since February 15th. Since February 14th he has left the job at the fund Cartu and has been replaced by Nikoloz Chkhetiani.

The owner of International Charity Fund Cartu is Bidzina Ivanishvili’s Cartu Group. Spending money for insurance of Sachkhere population from Bidzina Ivanishvili’s fund was considered to be a charity. In October of last year Ivanishvili openly declared his political objectives. At the end of 2011 the legislative amendments which prohibited political parties and legal and physical entities related to the political party to do charity work took force:

“Non-commercial organization i.e. fund which does charity work or physical or legal entity which has declared political goals and objectives is doing charity will be deprived to do so as political party does not have right to do charity,” – representative of Georgian Young Lawyers Association (GYLA) Lela Taliuri states.

According to the legislative amendments adopted at the end of December of last year, charity work of legal entities including the funds may be considered to be bribing of voter. Also, according to 126¹ article, the penalty for bribing voter is up to three years. (Penalty applies to the voter as well). Besides, for the act envisaged by this article legal entity (except for political party which is not subject to criminal liability) is punished by liquidation or depriving right to work or fine.

Fearing the possible sanctions Bidzina Ivanishvili’s companies – Atu and Cartu stopped charity work since January of 2012. The member of coalition of Georgian Dream, leader of Republican Party Tina Khidasheli openly stated: “More than 30 thousand people who are receiving financial assistance from the fund are in the regime of waiting. We do not know whether the Chamber of Control considers funds to be in direct or indirect connection with political parties. If they do, that means that charity work will be considered to be bribing according to this law.”

Chamber of Control has not made relevant explanations so far. Nevertheless, Ivanishvili’s funds restored charity work. Fund Cartu explains that “Bidzina Ivanishvili does not yet have a political status.”

According to 26¹ Article of Law on Political Unions of Citizens adopted by Georgian Parliament at the end of December of last year, restrictions for political party also apply to individual who has declared political and electoral goals and objectives.

Bidzina Ivanishvili announced to be willing to join elections in October of last year. On February 15th of this year he personally presented initiative group of Georgian Dream – Democratic Georgia. Moreover, non-commercial legal entity Georgian Dream the founder and head of which is Bidzina Ivanishvili was one of the first organizations which Control Chamber considered to be connected to political party.

With the questions whether or not charity foundation Cartu and Construction Company Atu are legal entities connected to political party and whether Bidzina Ivanishvili is also physical person connected to political party and thus whether the bribing of voter took place in case of Sachkhere population which except for the medical insurance receives financial assistance of different kinds (i.e. financial assistance to the teachers, monthly allowance for Chorvila residents and etc) Netgazeti addressed the press-service of Financial Monitoring Service of Control Chamber and called the hot line.

Chamber of Control left our questions unanswered.