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Appeal to International Community

July 4, 2006

Appeal to International Community

On June 29, 2006, under the ruling of the Head of the Appellate Court, members of the Georgian NGO the “Equality Institute”, including prominent Georgian activist and writer Irakli Kakabadze, poet Zurab Rtveliashvili, ecologist Lasha Chkhartishvili, students Jaba Jishkariani and David Dalakishvili were arrested and sentenced to 30 days administrative  imprisonment  under article 208 of the Criminal Procedural Code.

The Coalition of Georgian NGOs “Civil society for democratic Georgia” expresses its grave concern over this action, particularly in light of the following facts:

  • Detainees were publicly expressing their opinions on existing political situations in the country and were appealing to the Appellate Court to release political prisoners (on their opinion) Shalva Ramishvili and David Kokhreidze. As such they were acting in accordance with article 19 of the Constitution of Georgia, which guarantees the freedom of expression of every individual as well the law on “Gatherings and Manifestations.” There was no possibility whatsoever for them to hinder work of the court as they were arrested as soon as they appealed to the Court for “release of political prisoners” without any previous warning or remarks.
  • Detainees were protesting outside the Court building, while the head of the Appellate Court applied Article 208 of the Criminal Procedure Code envisaging responsibility for the violation of the order only in the Court building. Accordingly, the judge could not rule over the violation of order taking place outside the Court building. It obviously falls beyond her/his competence.
  • The Article applied by the Head of the Appellate Court directly contradicts the Constitution of Georgia as well as the European Convention on Human Rights as pursuant to Article 208 of Criminal Code Procedure of Georgia,  the Judge’s Ruling on imposing the administrative measure was taken without an oral hearing and was not subjected to any appeal.
  • Moreover, it has to be stressed that criminal measures hindering fundamental human rights and freedoms should be interpreted with great care and limitation as their broad interpretation might lead to unjustified and unlawful restriction of fundamental rights as well as abuse of power.  Unfortunately, the action taken reflects a relaxed and expansive interpretation of the present norm and as such presents a dangerous basis for hindering basic human right to expression.
  • Furthermore, as Irakli Kakabadze suffers from severe form of diabetes his detention in inadequate conditions and without proper care might be fatal to his life.

Therefore, the Coalition “Civil Society for Democratic Georgia” is greatly alarmed with the repressive climate in the country, which is exercise by the Georgian law enforcement officials towards Georgian citizens.  Coalition asserts that aforementioned detainees are “Prisoners of Conscience” as they were deprived of liberty because of voicing their opinion.

Coalition of NGOs “Civil Society for Democratic Georgia” appeals to international organizations to request Georgian government to release immediately Prisoners of Conscience. We hereby appeal to all international organizations to address President of the United States George W. Bush, for the matter to be raised at the oncoming meeting with the President of Georgia, so that active measures be taken for immediate release of Prisoners of Conscience.

Coalition of NGOs “Civil Society for Democratic Georgia”
(this includes 297 organizations)

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