Statement of the Article 42 of the Constitution and Human Rights Center on the Developments about the TV-Company Rustavi 2

Based on the November 5, 2015 decision of the Tbilisi City Court to appoint temporary managers in the TV-Company and considering the declared position of the management team of the TV-Company Rustavi 2, we observe the following reality:

On the one hand we have court judgment which shall be executed in accordance to the Georgian law though there are many questions about its legality, substantiality and constitutionality. 

On the other hand current management of the Rustavi 2 claims they will not leave the TV-Company that might give a push to forced execution of the judgment with the involvement of the enforcement police in the process. Disseminated video-recordings show that a political party or parties plan to take advantage of the aforementioned situation in favor of their own party interests or against the government that will result into controversy inside the society as well as violence or provocative actions. 

As a result of the tense situation, the process entirely goes beyond the frames of lawful regulations. It creates threat that we may receive the situation like on November 7, 2007 that made irretrievable damage to the democratic development and international reputation of the country. If ongoing processes develop in the same direction, it will first of all damage parties of this controversy, the judiciary authority, civil society, the government and the international reputation of the country.

In order to bring the process back to legal frames and avoid violent developments in the country, we call on:

1. Rustavi 2 to immediately appeal the November 5 judgment of the Tbilisi City Court and address to the Constitutional Court of Georgia to find the norm non-constitutional which allows Common Courts of Georgia to pass similar verdicts (in both cases we offer our legal assistance to the TV-Company).

2. the Common Courts of Georgia to put an end to the faulty practice and immediately discuss the claim against the verdict of the Judge Urtmelidze.

3. the Constitutional Court of Georgia to shortly discuss the issue of suspending the norm action.

4. the Executive Authority of Georgia which is in charge of the execution of the court verdict to be more conscious and feel responsibility for the ongoing developments, to refrain from the execution of the November 5 court judgment with sharp measures before the final decision is made into the case because it will cause more tension in the society that might finally led us to the public disorder.

Article 42 of the Constitution

Human Rights Center