The Public Defender calls Mr. Irakli Garibashvili, the Minister of Internal Affairs of Georgia to take immediate and effective measures to avoid confrontation on religious grounds.
The Georgian Muslim eco-migrants from Adjara region reside the village Samtatskaro since 1978. They performed their religious rites for many years without problems. . This year, “Administration of Muslims of All Georgia” purchased a house in the village Samtatskaro for the prayers of Muslims, which has no typical signs of the mosque (location of the building to south, minaret, dome, microphones, etc.). The house was intended to serve as a place for prayer, where they could conduct the Friday prayers. The fact of purchase of this house was confronted by the inhabitants. The Orthodox population of the village protest the exercise of freedom of religion by Muslims. Since May 2012, several cases of confrontation between Orthodox and Muslim Georgians residing the village Samtatskaro were revealed.
The state recognizes the fundamental human rights and freedoms - including freedom of religion. Freedom of religion and belief is not solely individual right as it can be exercised collectively as well.
Effective realization of freedom of religion is not limited by the state liability of non-interference in realization of this right. The state has a positive obligation to ensure the effective realization of freedom of religion. The above obligation is especially important for religious minorities. Positive obligation requires that state agencies take all necessary measures to avoid violation of the right and prevent such violation and ensure that no encouragement of intolerance and violence takes place through inaptitude and legally inadequate response.
Today the Friday prayers are still to be held in village Samtatskaro. The representatives of Public Defender will monitor developments on the site. The Public Defender will ensure protection of constitutional right of followers of all religions confessions with all possible measures under his mandate : “Everybody has the right of freedom of speech, thought, conscience, religion and belief”. Freedom of religion protects the individual’s right to live, work and carry out activities according to religious customs and own internal belief. (Paragraph first of Article 19 of the Constitution of Georgia).
The Public Defender hopes that all government resources will be applied for prevention of actual and possible threats of confrontation.