Address of NGOs about Alleged Oppression Facts in the Pardon Process of Prisoners

The under-signatory NGOs respond to the statements of the acting and former chairmen of the Pardon Commission of Georgia about oppression from some politicians. According to their allegation, the politicians requested them to pay particular attention to the cases of concrete convicted persons. The former chairman of the Pardon Commission azsAleksandre Elisashvili noted that he had informed the former chief prosecutor Giorgi Badashvili and his deputy Giorgi Gogadze about these facts. Obviously the statements provide information about alleged malfeasance that is particularly risky misconduct of officials and requires investigation within limited timeframe and prompt answers to the questions of the society. 

Nevertheless, we are particularly alarmed with unhealthy reactions of the senior officials and politicians about the statements of the former chairman of the Commission. Instead underlining particular importance to timely and effectively investigate the alleged crimes, they speak about possible liability of the former chairman of the pardon commission for false denouncement. They also question why Aleksandre Elisashvili did not provide the investigative bodies with the information before. Same rhetoric was used in the statements of the MPs and acting chief prosecutor of Georgia.

Statements of the chairwoman of the Human Rights Committee of the Parliament and member of the Prosecutors Council Eka Beselia are particularly alarming, when she requested that Aleko Elisashvili shall prove the allegation and that his activities cast doubts. The main purpose of the Prosecutors Council is to ensure independence and transparency of the Prosecutor’s Office of Georgia and to promote effective implementation of the prosecutor’s office’s functions. It is inadmissible that the Council member made similar public statement about alleged crimes committed by senior political officials. It may have negative impact on the activities of the Prosecutor’s Office, undermine impartiality of the ongoing investigation and will not support to make it free from political influence. 

It should be underlined that senior political officials and senior law enforcement officers shall encourage citizens to provide investigative bodies with the information about alleged abuse of power. It is urgently important because accusations may be brought against influential senior officials and it puts the applicant in more difficult conditions. 

Indicating at the liability for false denouncement will obviously have negative impact on the cooperation between citizens and law enforcement bodies particularly when applicants, witnesses or victims do not have high positions, they are not famous and consequently have less public attention and support. Apart to that, speaking about similar charges are absolutely ungrounded and unjustified because source of information is not and cannot be responsible to prove his allegation on the committed crime, or obtain evidence to prove it. Unfortunately, recent unhealthy use of the article on false denouncement significantly hinders cooperation between society and law enforcement bodies and has impact on reporting about crimes. In similar environment, statements by the members of the Prosecutors Councils and MPs are particularly risky that undermine promptness and impartiality of the investigation process; at the same time they influence negative outcome with regard to the source of information. 

Due to high public profile and interest of the case, we, the nongovernmental organizations, continue monitoring of the ongoing investigation. We believe it is particularly important that in parallel to the prompt, effective and comprehensive investigation, law enforcement bodies ensured security and inviolability of the applicant, witnesses and their relatives. 

• Human Rights Education and Monitoring Center (EMC)
• Transparency International – Georgia (TI)
• Identoba
• Union Safari
• Media Development Fund
• International Society for Fair Elections and Democracy (ISFED)
• Open Society Georgia – Foundation (OSGF)
• Article 42 of the Constitution
• Georgian Democratic Initiative (GDI)
• Georgian Development Agency (CIDA)
• Partnership for Human Rights (PHR)
• Human Rights Center (HRIDC)
• Georgian Young Lawyers’ Association (GYLA)
• Georgian Bar Association