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S t a t e m e n t

April 21, 2009

The Human Rights Center welcomes Georgian government’s call for a dialogue to solve the ongoing political crises in the country. The government made this proposal in response to thousands of opposition supporters calling on President Mikhail Saakashvili to step down at peaceful demonstrations throughout Tbilisi.

This proposal is a particularly welcome step after the years of the government delibrately ignoring and marginalizing the dissent and after having violently dispersed the November 7th Demonstration in 2007.

The Human Rights Center wishes to stress however, that the dialogue should not become an end in itself but the means for achieving a real change in the country. In this regard, we call upon the Georgian government to take concrete steps towards the change, inter alia to:

1 Initiate Constitutional amendments to restore the proper balance between the executive, judicial and legislative branches; the Constitution now grants overwhelming power and control over the other branches to the President.

2 Initiate prompt and effective investigation into irregularities documented during the raid on TV Imedi during the November 7th demonstrations, as well as investigate falsification of the official documents ordering the closure of  Imedi by altering their dates.

3 Review the procedures for appointing the leadership of the Public Broadcaster and ensure meaningful participation of the political opposition in the selection processes of the new leadership.

4 Annul the illegal suspension of the broadcasting license of the TV company 202.

5 Initiate institutional changes in the Ministry of International Affairs of Georgia in order to decentralize the numerous functions which this organ has accumulated during the current government (such as police, security forces, counter-intelligence, frontier–security, etc.).

6 Start consideration of the cases of political prisoners in Georgia and take steps to ensure that people are not detained or imprisoned on political grounds in Georgia.

The Human Rights Center wishes to stress the fact that it was a  massive violation of human rights and freedoms in the recent years, in particular of the right to life, freedom from torture, fair trial, freedom of speech and right to property, as well as the establishment of the arbitrary rule of men as opposed to the rule of law, which paved the way to the existing crises in Georgia.

Bearing this in mind, the Human Rights Center firmly believes that the dialogue between the opposing parties will have a very little chance to succeed if it fails to adequately address the issues listed above - restoring the constitutional balance of powers, freeing the Georgian media from governmental control and creating the environment conducive of political dissent.

Therefore, Human Rights Center calls upon all the potential participants of the dialogue, as well as upon its facilitators, including and more so - to international actors, to stress these issues with the government of Georgia during all the negotiations over the ongoing political crises in Georgia.

The Human Rights Center at the same time expresses its deep concern regarding the cases of violence and harassment of peaceful demonstrators and the mounting allegations that the state authorities themselves commit, order and/or support commission of such acts.

On April 9 a peaceful demonstration by thousands of Georgians started in Tbilisi. The demonstrators demand resignation of President Saakashvili as they accuse him of mishandling last year's conflict with Russia over the breakaway region of South Ossetia, and of being increasingly autocratic.

The following cases of violence, intimidation and harrasment have been reported before and during the demonstrations:

April 8

1 A Zugidi patrol policemen destroyed the newspapers of the political party “Alliance for Georgia”. On the same day people in civilian clothes, who were sitting in a black car with the state number SDS 591, beat several activists.

2 A representative of Irakli Alasania’s political party was arrested for having insulted law officers and for minor hooliganism.

3 Tamaz Makashvili, head of the Gori office of the Republic Party, was sent to jail for 10 days by the Gori District Court . The court did not consider the evidence properly, e.g. the witnesses mentioned in the detention protocol were not interrogated and the circumstances in the explanations of the policeman were completely different from those mentioned in that of the detainee.

April 9

4 The central highways from Kakheti region, Gori district and Samegrelo region were blocked so that demonstrators could not enter Tbilisi.

1 It was reported that policemen were stopping mini-buses near the Avlabari underground station and Kashueti Church and were checking the passengers without providing any explanations whatsoever.

2 Members of the public movement “Why?” had their car damaged by people in masks. There were three members of the public movement in the car. Irakli Kordzaria, founder of the public movement “Why?” said: “Some activists were going home from the rally. On Baratashvili Rise they were stopped by patrol police who demanded presentation of documents. After that, three jeeps chased the activists to where masked people were sitting. The masked people smashed the front window of the activists’ car.”

3 Activists of the public movement “November 7” Irakli Khukhuneishvili, Lasha Kopaliani, Otar Chelidze, Natia Archvadze and Elene Baramidze were attacked. One of the activists, Tsaguria said: “They were going home after the demonstration when masked people in black clothes blocked their road with three jeeps. The harassers physically assaulted the demonstrators with truncheons and electric shocks.” Later it was reported that two of the cars were Toyota Land-cruisers and the third one was a BMW “X 5”. It is reported that these cars were seen in several places in the city on April 10.

April 11

1 At about 12:00 am strangers destroyed the stage of the demonstrations and the technical equipments near the Parliament. Reportedly the vandals were wearing uniforms of the representatives of the City Council’s street-cleaning agency. The Ministry of Interior stated that the incident was not provoked by the cleaners. The opposition leaders blame the agency and the city government for that.

April 12

2 Activists of the public movement “Why?” were attacked again close to their office. They were going to their office when people who arrived at the place in two cars attacked them. About four people were sitting in each car. The attackers were not in masks and the activists assert that they recognized deputy Minister of Environment, Davit Ioseliani and Otar Davitashvili among the attackers.

3 In the evening, demonstrators and activists were beaten and threatened again. One was beaten near the Hotel “Sakartvelo” and two in Hero Square. Shmagi Gelbakhiani, a member of the youth office of the Alliance for Georgia, was beaten. Mikheil Demetrashvili, a member of the Alliance for Georgia, who witnessed the attack, reported that when they were going to the parliament building from the Public Broadcaster’s Office, some young people stayed back and one of them, Shmagi Gelbakhiani, was attacked. He was hit with a truncheon and he was badly injured.

April 13

1 70-year-old Karlo Didebulidze, an open supporter of the opposition, was physically assaulted in Aleksandre Park in the middle of the day, behind the Kashueti Church.  His eyes were badly injured. The incident happened several minutes before the demonstration.

2 Giorgi Oniani and Mamuka Girgvliani, members of the youth branch of “April 9,” were wounded in front of the parliament building late at night by agents of the Ministry of Interior. Later, it was also reported that the incident happened between the members of Alasania and Burjanadze’s parties.

April 14

1 Three members of the “People’s Party”, political party “Tavisufleba” and “Alliance for Georgia” were beaten. As a result Gizo Sartania, Hamlet Gulordava and Malkhaz Charkviani are in the Tbilisi Central Hospital. Gizo Sartania said that close to the Avlabari underground station, when they were sitting in the car to go to Rustaveli Avenue, people sitting in three cars attacked them and beat them ruthlessly. Mr. Sartanis said: “They were hitting us in the head and then they pushed us down to the ground and started kicking us.”  Hamlet Gulordava said the attackers were armed and were officers of the Ministry of Interior. Gulordava said that he can recognize all of them.

2 Businessman Vakhtang Laghidze, director-general of the Coca-Cola Bottlers of Georgia, was beaten and his car was taken. Maka Tavamaishvili, wife of Laghidze, reported that on April 14, at 6:00 pm her husband was coming back from the demonstration and nearly 12 people followed him in 6 cars. When he approached his house in Chavchavadze Avenue he was beaten severely and then the harassers took his car. Laghidze is being given medical treatment in the central hospital.

April 15

3 A popular singer Zurab Manjavidze was beaten. The singer reported that he was going home from the demonstration with his two brothers when ten people in a “Golf” car with state numbers WNX 937 or WNX 927 and a BMW attacked them.

4 Member of the “New Rights” David Ujmajuridze was kidnapped and his car was burned. He was gagged, beaten and then left in Saguramo village outside Tbilisi. His car was left in Vashlijvari burning.

Violence, especially if sponsored or condoned by the state, will only threaten to intensify the mistrust and hostility among the different parts of the society and undermines credibility of the proposed dialogue.

Therefore, the Human Rights Center calls upon Georgian authorities to:

1 take all the necessary steps to immediately stop violence against the demonstrators,

2 publicly condemn all the acts of violence,

3 initiate prompt and objective investigation of all cases and bring perpetrators to justice.

The Human Rights Center calls upon all the parties involved to:

1 abide by the Constitution and laws of Georgia,

2 take all the measures to avoid further escalation of the conflict.

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