Interview with Igor Gaon, Special Representative of the Council of Europe Secretary General in Georgia

-Mr. Gaon, the goal of the Council of Europe is to guarantee the democracy and the rule of law in its member-states; how can it be implemented in Georgia?
 
- We are managing it in Georgia, however it is impossible to implement it at once, while that need years and years. From one side is the rule of law, on the other the protection of human rights and on the third side is building of democracy - a kind of triangle with three angles connected to each other. Georgia is a full member of the Council of European and thus your country has certain obligations and responsibilities to this organization, linked with signature of certain conventions, their ratification, drawing up various laws, running reforms in different fields etc. A number of obstacles are exists, but Georgia has made a sensible success in the course of last two years. Democracy has the wide sense and each of us have our original understanding of it. Through those reforms we will end with establishing of democratic state.

The Council of Europe has its own representation in Georgia. We assist the country in the all above mentioned fields. Particularly there are the results of dialogues, which are systematically held between the Georgian Government and the Council of Europe. For example, the reform dealing with Criminal Code took several years. My colleagues told me that they had started the reform five years ago, but we have worked quite fruitfully for the last 18 months and have drawn the draft Code.  At present the monitoring group is working on media related issues and we are planning to pass Code of Ethic for journalists. 
 
- Georgia loses many cases in the European Court of Human Rights. However, European Convention on Human Rights is still bluntly violated in Georgia. Finally how will it influence on Georgia’s image in the Council Europe?
 
 -At least most countries are losing the cases in the Court and thus it is not a privilege for Georgia. It depends on the case, how it deals with human rights violation. Each state tries not have the applications against of it in Strasbourg based Court. The point of importance is that the country’s legislation should compliance with the international convention. Ministry of Justice takes it into consideration.

It must be noted that there are the facts of human rights violation in the country; Time will show. I want to point out that a short time has passed since Georgia accessed to the Council of Europe.
 
- Convention protects the rights for life, fear train in criminal and civil cases, and the freedom of expression. Experts admit that the situation in Georgia is not satisfactory in this field.
 
-…Murder can happen in every country; nevertheless the criminal should certainly be brought to the court. The rest is up to justice. The citizen who thinks that he/she can not find the justice in the all instances of the Court, he/she may apply to the European Court of Human Rights. I can not judge your country. I am here to assist Georgia to develop in a right way.
 
- Mr. Gaon, what would be your comments on zero tolerance to tenuous crime expressed by the Georgian President and the Minister on interior?
 
- I represent the Council Europe and thus I have no right to make corrections within the action of government in treating the criminals. But, it must be taken into consideration that if crimes are committed in the country the government should take all measures to prevent them. I can speak how I feel about personal security here. Sometimes I am walking in the streets of Tbilisi 5 a.m. but feel quite safe at that early time. Besides that I am traveling throughout the country and feel safe as well, because of patrol police is everywhere. Thus the level of safety is increased and it is satisfactory.
 
-Thus you approve zero tolerance?
 
- Do not attach these words to response. I simply pointed out that life has become safer than before, while I am well aware of current events in the country. I also know that it was impossible to go out after 6 p.m. in Georgia during the past times. It is a fact and we take it into consideration.
 
- What can you say about the current reform in justice and pressure of judges? Particularly on complicated situation in the regions, where only the single judge works in the courts and thus the discussion of many cases are drawled. Besides that mainly as the preventive tool the judges are using the custody. Is not it an alarming situation?
 
- The reform is being carried out in the justice system and it will take some time. I can not say that the judicial system is ideal and we have reached the ultimate. We have created the High School of Justice in Georgia and now the judges would receive more education. We have to train staff in order they to worked better in the future. I think it will take several years to implement it.
 
- The representatives of NGOs and Political Organizations say that human rights are violated in Georgia everywhere, that Georgian President has political detainees such as Sulkhan Molashvili, Irakli Batiashvili and others. What is your opinion regarding that?
 
-They might have expressed their opinion. If they think so, it is their right. Our monitoring mission has its own opinion regarding this case, and it will soon be public. I point out that Council’s monitoring group has taken quite a critical step. We are involved into this process. Human rights are globally violated all over the world; however the degree of violation is important.
 
-And finally, let’s mention the conflict zones. The government states it supports only the peaceful solution of the conflicts, but simultaneously the military budget is being increased. It is important that defense minister has declared several times that New Year of 2007 will be celebrated in Tskhinvali…
 
- The Council of Europe respects the territorial integrity of Georgia. The statement made by Terry Davis, the Secretary General of Council of Europe was an appeal to the South Ossetian side, that instead of referendum, they should think of co-operation with Georgia. It is our position. We go on with dialogue and two-side cooperation to pave the way towards the building of democratic Georgia.

Gela Mtivlishvili, Kakheti