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Sozar Subari: Activities of Georgian National Communications Commission (GNCC) Scrutinized

February 13, 2008

The Public Defender addressed Eke Tkeshelashvili, Prosecutor General of Georgia to study the fact of law violation from the side of the GNCC. The Public Defender alleges that the GNCC partly infringed Article 341 of the Criminal Code of Georgia (this article is on official fraud i.e. the introduction of false information or recording into an official document by an official or a person equaled to such, or drawing up or issuing of a false document, or falsifying official or private document of an enterprise, office or organization, which is committed with self- interest or other personal motive in mind.)

Sozar Subari has addressed a request to Giorgi Arveladze, chairman of Georgian National Communications Commission. According to Subari in the event of violating broadcasting law, the license owner should be first given a warning. Georgian National Communications Commission (GNCC) now plans to hear the case on February 15 over the suspension of the broadcasting license for Imedi TV.

On November 7, 2007 the GNCC issued an act #20 on monitoring the Ltd. Imedi.  The decree stipulates that GNCC monitored Imedi programs on 5.40 p.m. and wrote an subsequent protocol. The protocol states: “It is proved that the Ltd. Imedi broadcasted the written statement of Arkadi (Badri) Patarkatsishvili several times. According to the current situation in the country the statement can be considered as providing support for illegal activities, for the purpose of engaging in additional illegal acts..”

On the same day (meaning November 7, 2007) the GNCC convened an extraordinary meeting and issued a decree based on the act #20 and Article 71 of the Georgian Law and Article 95 of the General Administrative Code of Georgia.

The Commission decided to give a warning to Ltd. Imedi and imposed a fine of 2,500 GEL for violating II Subparagraph of Article 56 and III Subparagraph of Article 70 of the Georgian Law.

Bidzina Baratashvili, General Director of Ltd. Imedi presented the tape of the written statement of Badri Patarkatsishvili dating November 7, 2007 to the Public Defender. The tape proves that TV Company Imedi had broadcasted the statement on 6.28 p.m. It is interesting how the GNCC knew on 5.40 p.m. what Patarkatsishvili would say in the statement which only was later broadcasted. It is also interesting how quickly the GNCC organized a meeting that was held on 6 p.m.

The representatives of the GNCC have introduced false information into an official document. The Office of the Public Defender has areasonable suspicion that this activity was personally motivated.

The Public Defender now addressed Eka Tkeshelashvili, Prosecutor General since he had the right to do so, and based on Subparagraph C of Article 21 of  Georgian Organic Law on Public Defender.

Source: The Office of Public Defender

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