Law Enforcers’ May 26 Mistreatment to Journalists Contained Signs of Criminal Offence, Public Defender

Nata Dzvelishvili, media.ge

Delivering his human rights annual report to the Parliament on June 14, Public Defender Giorgi Tugushi, told lawmakers, that law enforcers' mistreatment to journalists during the May 26 events contained the signs of criminal offence, therefore the prosecutor's office shall launch investigation into the cases.

"When dispersing the protest rally organized by the opposition media representatives were physically and verbally abused, some of them were detained, their equipments were damaged and their professional activities hindered," said Tugushi.

Requesting the launch of the investigation into the cases Public Defender has already lodged an application to the main prosecutor's office in the capital city.

On the night of May 26, 2011 the riot police broke up the protest rally. Tens of rally participants were detained, the killing of two people were officially confirmed but some human rights organizations suppose at least two more people were killed. Some NGOs allege following the dispersal of the rally many people have disappeared. The Ministry of Internal Affairs strongly denies the allegations.

Some verified facts of excessive use force, Tugushi said, against the rally participants shall be examined as well.

A 400-pgae report on general trends applied in the country in terms of human rights and particular facts of human rights violations was heard by 30 law makers out of 150 MPs that make up the supreme legislative body on Georgia.

Delivering his speech Public Defender briefly reviewed the current situation in the penitentiary system, the cases of beating and abuse of prisoners, as well as the issues related to hygiene, medical service and overfull cells. Giorgi Tugushi stressed the cases of death of prisoners due to physical abuse as well as negligence of doctors employed within the penitentiary system.

In the report a separate chapter is dedicated to the violations of journalists' rights and freedom of expression.

In 2010, Tugushi said, numerous facts of hampering journalists' activities were observed, the violations of freedom of expression were more large-scale and diverse. Public Defender emphasized citizens' intrusion into Kavkasia TV premises in May 2010 and physical and verbal abuse of the TV director general David Akubardia and five cameramen.

Last year, Public Defender clarified, the violation of journalists' and TV owners' rights was due to pressure and violence exercised by the state agencies as well as their inactivity. He cited the physical abuse of Trilaeti TV journalist and cameraman in the course of dismantling Stalin monument in Gori in June 2010 as an example. A similar case, Tugushi said, took place in September 2010 on the territory of Lilo fair, in particular Kavkasia TV camera crew covering the protest rally were physically abused by security guards who also tried to seize video camera. In both cases the representatives of the law enforcement body were present on the scene but they did nothing to defend journalists.

In addition Public Defender referred to the October 7, 2010 beating of John Nanetashvili, Director, Gori-based Trialeti TV by law enforcers in Gori. In regard to the case the investigation was launched for the abuse of official power but the investigation was terminated for the lack of signs of criminal offence.

"I am not competent to assess the legality of the termination of the investigation but I would like to remind the court - a crime doesn't include a criminal offence only. The law enforcers applying the actions of the kind shall be at least deprived of the possibility to work for the police," Giorgi Tugushi stressed.

Public Defender focused on the problem related to the access to public information. The main issue, he said, is the denial to provide public information or the violation of terms set by law. The denial to the provision of information, Tugushi stressed, should be substantiated and the citizens shall have a possibility to appeal it.

After hearing the report Giorgi Akhvlediani of the opposition faction Christian Democrats said the speech delivered by Public Defender shouldn't be take a as a mere notice, it should be followed by particular results and decisions. Christian Democrats presented a draft resolution which was ultimately disapproved by the parliamentary majority. The draft includes the recommendations in regard to the actions to be taken to improve the situation in terms of human rights.

Giorgi Gabashvili of the majority pointed out that the human rights-related problems do exist but the facts Public Defender discussed over need to be provided systematic and fundamental response and the authorities are working in this direction.

At the end of the sitting MP Lasha Tordia of the majority introduced draft resolution drawn up by the Committee for Human Rights and Civil Integration. The document referred to the report delivered by Public Defender on the situation in terms of human rights and protection of liberties in Georgia. The casting of lots to the draft resolution on accepting the report as a notice will be carried out in the course of the plenary session scheduled to be held on June 17.