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Information Center of Kakheti Refused Prosecutor’s Office to Give Video-Footage

October 7, 2013
 

Information Center of Kakheti refused the Chief Prosecutor’s Office of Georgia to provide full version of the video-footage made in the cell of former defense minister Bacho Akhalaia in Prison # 7.

In accordance to the Article 3 Part II of the Georgian Law on Freedom of Speech and Expression, everyone except for administrative agencies enjoy the right to freedom of expression that implies the following: the right of a journalist to keep confidential the source of information and make editorial decisions based on his own conscience. 

In accordance to the Article 6 of the International Declaration of Principles on the Conduct of Journalists, the journalist shall observe professional secrecy regarding the source of information obtained in confidence.

In my opinion, if I provide you with the requested full version of the video-footage, I might breach any of the aforementioned principles and assist disclosure of the confidential information source. Thus, I refuse to provide you with the full version of the video-footage,” the letter of the ICK reads.

Investigator Malkhaz Kapanadze of the investigative unit for particularly significant cases at the Chief Prosecutor’s Office addressed to the Information Center of Kakheti on October 5. “On October 4, 2013 investigative unit at the Chief Prosecutor’s Office launched investigation into the alleged abuse of professional power by certain officers of the Penitentiary Department. The basis of the investigation was the article published by the Information Center of Kakheti with enclosed video-footage. For the conduct of complete and impartial investigation into the case, we kindly request you to provide us with the full version of the video-footage published in your article,” the letter of the Prosecutor’s Office re ads.

ICK exclusively obtained the video-footage, produced in the cell of the former defense minister Bacho Akhalaia in the prison # 7. The video shows daily life of the accused person – his meetings with the journalist members of the Public Monitoring Group of Prisons, MP Akaki Minashvili and their conversation. The Monitoring Group’s members did not have information that their conversation was audio-recorded. The video-footage is several-hour long and was recorded in November of 2012. ICK aired only several fragments from it. Representatives of the Public Defender’s Office are not seen in the publicized footage but the source claims their meetings with Bacho Akhalaia were also audio-recorded that was prohibited by the law. Public Defender of Georgia has not made statement about the issue yet.

Ministry of Penitentiary released statement that visual and electronic supervision in Bachana Akhalaia’s cell was conducted based on his agreement. His lawyer said the accused person had not agreed the administration to audio-record his conversations.

Former Public Defender of Georgia and former interim Minister of Penitentiary Giorgi Tugushi stated that members of the Public Monitoring Group entered the prison to detect violations and problems; when administration audio-records their conversations with the inmates, it contradicts norms and standards.

Executive Director of the Georgian Young Lawyers’ Association Eka Popkhadze also commented on the issue. She said audio-recording of the conversation between the monitoring members and Akhalaia was inadmissible fact.

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