Address of Former Political Prisoners and Repressed People

Mr. Irakli Garibashvili, Prime Minister of Georgia 

Mr. Mindia Janelidze Georgian Defense Minister

Mr. Vakhtang Gomelauri Georgia's Minister of Internal Affairs

Mr. Giorgi Badashvili Chief Prosecutor

Mr. Ucha Nanuashvili Georgia's Public Defender

Georgia based non-governmental organizations and media

   We, the undersigned, non-alternatively and unanimously recognize the human rights and obligations stipulated by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and totally agree with the principles reflected in the document prepared by the UN Commission on Human Rights – “Set of principles for the protection and promotion of human rights through action to combat impunity” (E/CN. 4/2005/102/Add 1). According to the preamble of the document, "Impunity" means the impossibility, de jure or de facto, of bringing the perpetrators of violations to account - whether in criminal, civil, administrative or disciplinary proceedings - since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims.

   At the same time, we express concern regarding the events developed in Georgia during the last one year related to restoration of justice promised by the authorities, which has not been fulfilled yet, including non-investigation of law violations, non-taking proper measures towards the perpetrators, non-fulfillment of their obligations, non-bringing the suspects of crime to account for the purpose of criminal prosecution and non-imposition of respective punishment on them, non-compensation of damage caused to them, violation of indefeasible right of people to know the truth and non-taking any other measures by the state mandatory not to allow the commitment of violations again. 

We express hope that the Georgian authorities have proper courage, force and will to fully share the human rights stipulated by the Universal Declaration and the International Covenant on Civil and Political Rights and the principles reflected in the document prepared by the UN Commission on Human Rights – “Set of principles for the protection and promotion of human rights through action to combat impunity” (E/CN. 4/2005/102/Add 1) and accordingly, will make a proper effort to protect the fundamental principles of restoration of justice in the country, to reveal and expose the crimes committed by the ruling authorities of Georgia during 2004-2012, as well as compensate the moral and material damage caused to the Georgian citizens and legal entities. 

   At the same time, having duly and fully realized the shortage of the budget of the country, large number of economically disadvantaged and unemployed citizens, lack of budget funds for implementation of the required and necessary social programs, having well realized that that the budget of Georgia will not be able to fully recognize the material damage and loss caused to the Georgian population and legal entities as budget commitments during the year 2014 and the following 5-6 years, we are announcing a comprehensive initiative:  

1. The Georgian population and the World Community have a right to know the truth about the horrible crimes committed by the senior authorities and representatives of government of Georgia as well as high officials of the government and their subordinates in the nearest past of Georgia, during 2004-2012 and the causes of circumstances which resulted in commitment of crimes by mass and systematic violation of human rights, as the people’s knowledge of history of their oppression represents a part of its cultural heritage and as such, within the obligation of the state, should be ensured by disclosure and protection of archives and other evidences (including “classified”) reflecting the violation of human rights law and the humanitarian law. 

These measures are aimed at protection from erasing of events from the collective memory, in particular, to allow opposing the revisionist and unsubstantially repudiating arguments.

2. The Georgian state is obliged to immediately take proper actions, including the measures which are necessary to ensure the functioning of an independent and effective judiciary system; to include non-judiciary procedures in respective measures for ensuring justice which will allow to fill the lacunae within the judiciary system so that people who faced the horrible crimes committed on a mass or systematic basis can benefit from creation of Truth Commissions, by establishment of facts, which had any relation with the above violations, to establish the truth and avoid elimination of evidence. 

   For the purpose of gaining a high level of confidence by the newly established Truth Commission, active involvement of the civil community is recommended in the process of selection of the commission members. Together with organizations for human rights protection and NGOs, they should participate in implementation of powers and scope of activities, policy of the Truth Commission. These organizations should be viewed as the source of information of the Truth Commission.

The Georgian state is obliged to discuss and pass a new judgment through the Cassation Courts about the disputable and legally effective court judgments passed by violation of law, revealed as a result of impartial and unbiased investigations conducted by the Truth Commissions, for the purpose of rehabilitation of the persons convicted by these illegal court judgments, recovery of unlawfully seized property, compensation of moral and material damage and loss. Correspondingly, it is significant to: 

2.1. Consider the amendments to the Code of Criminal Procedure of Georgia and deem the lacunae of the disputable and legally effective court judgments passed by violation of law, revealed as a result of impartial and unbiased investigations conducted by the Truth Commissions as newly detected circumstances.

2.2. In case of violations revealed as a result of impartial and unbiased investigations conducted by the Truth Commissions and upon recommendation of this Commission, the unlawfully seized movable and immovable property on the balance of agencies and organizations of the Georgian state to be returned to the initial owners.  

2.3. The damage caused as a result of wrongful conviction, wrongful prosecution, application of arrest or recognizance not to leave as a preventive measure, wrong administrative punishment in the form of arrest or corrective labour towards rehabilitated persons shall be compensated regardless of inquiry, preliminary investigation by the Georgian state, culpability of officials of prosecution authorities and the court. These persons shall be jointly and severally responsible together with the state for wrongful acts committed intentionally or in a grossly negligent manner within the amount of loss established in favor of the rehabilitated persons by the Courts of Appeal of Georgia. The compensation must be apportioned to be paid equally and gradually during 5 years upon adoption of such resolution.  

2.4. For the purpose of avoidance of the expected heavy load to the budget of Georgia, which may be expressed by mass accounting of the lost property and proprietary rights in balances reflecting annual results of companies by the legal entities of Georgia during the year 2014 and the following years, which will lead to formation of detrimental balance sheets and sharp reduction of profit taxes in favour of the state, it is better to temporarily adopt a regulatory document which will apportion the compensation of damage caused to legal entities under pressure of state agencies during 2004-2012 from the profit tax during 2014-2018 in equal amounts.  

   The investigation carried out by the investigation commission should cover all persons violating the human rights law or humanitarian law, who gave respective orders or directly participated in or committed the violations as direct executors or co-participants, whether it concerns public officials or partially state or private agencies. The circumstance that the perpetrator acted on the basis of the order of the government or the superior manager should be disregarded and this does not exempt him from liability, in particular, criminal liability, likewise the crime committed by the subordinate person does not exempt his superior manager from liability, in particular, criminal liability, if they had grounds to know that this subordinate person commits or intends to commit such crime and they did not take all necessary measures within their rights, to prevent commitment of crime or punish the perpetrator even in the case when the head of the state or the head of the government are involved. 

   At the same time, we firmly support and recognize the universally recognized principle of irremovability of judges as the most important guarantee of independence of judges. At the same time, the judges who were appointed unlawfully or acquired judiciary powers in return for promise of loyalty must be immediately dismissed as well as all state officials and employees directly responsible for gross violations of human rights. In particular, the persons representing the armed forces, security forces, police, and intelligence bodies must be dismissed in compliance with the requirements of proper legal procedures. The persons officially incriminated of commitment of serious crimes stipulated by the International Law must be removed from office during the criminal or administrative legal proceedings. 

   We, personally grieved by unlawfulness and injustice, do not want and do not combat for drastic demands, but we believe that a healthy democratic society cannot be built on a void, unjust ground. Accordingly, we request to give everything and everybody their names, a perpetrator to be called a perpetrator and an unlawfully convicted person to be given proper merit and respect. 

We the lawlessness and injustice, embittered, we do not want and we do not fight radical demands, but we believe in and we believe that, in vain, unjust foundation can not be built in a healthy democratic society, therefore we ask for its name and everyone and everything, the convicted offender, unfairly punished due honor and dignity.

  Illegal deprivation of liberty of our citizens and law enforcement structures is basically the same officers were involved in the other, I am sending them a list of appropriate actions against them, here they are:

1.Valeri Zumbadze

2.Vladimer Datasvili

3.Otar Ordzhonikidze

4.Archil Gvadibadze

5. Colonel Sadateirashvili

6.Giorgi Mazmishvili

7.Mikheil Berekashvili

8.Zviad Esebua

9.David Devnozashvili

These people acted according to the instructions of Mikheil Saakashvili, Merabishvili, Zurab Adeishvili, Amiran Meskheli.

We confirm our determination and demands by our signatures. 

Sincerely, 

Former political prisoners and repressed:

Bakur Kiguradze

Vakhtang Maisaia

Simon Kiladze

Giorgi Abdaladze

Armen Georkyan

The address is attached with the petition to Ms. Navi Pillay, UN High Commissioner for Human Rights and December, 2013 Petition to the Prime Minister of Georgia Mr. Irakli Garibashvili that were signed by 15 people.