Vakhtang Khmaladze: “Diplomat’s Post on Facebook Is More Significant Than It Can Seem at First Sight”

Koba Bendeliani, Interpresnews

Interpresnews interviewed director of the Law Department of the Georgian Development Research Institute Vakhtang Khmaladze about recent statement of Irakli Alasania about establishment of paramilitary groups by the government in Samegrelo region; about US Ambassador John Bass’s comment about the activities of the Chamber of Control and about implementation of the recommendations of the international community and Venice Commission with regard to elections by the government of Georgia.

-Mr. Vakhtang, how do you evaluate the alarming statement of one of the leaders of the Georgian Dream Irakli Alasania during his meeting with diplomatic corps? He said the government is establishing paramilitary groups in Samegrelo region that means the government is not going to hold fair elections and even more, they are preparing to annihilate political opposition…

-Different people have been releasing information about establishment of armed formations in Samegrelo region for the last two-three months. Initially, those statements were not serious because it was necessary to check the reliability of the information. Irakli Alasania made this statement not during ordinary interview with journalists but during official meeting with diplomatic corps. Alasania, being a serious politician in the country, cannot make irrational statements particularly during similar meeting. So, we can assume that his statement was made only after they had thoroughly studied the situation. It is really dangerous fact.

Armed formations can be created only in accordance to the law. They might be an army or police. Any other formations are illegal and extremely dangerous. The government must make clear clarifications with regard to presence of armed groups in Samegrelo region. The society should know what is going on; who establishes paramilitary groups in Samegrelo and what their purpose is. Any illegal paramilitary group is dangerous for both country and society. They are particularly dangerous when they are set up in the name of the government. The government has legitimacy to create armed formations for the maintenance of public order and safety but they should answer the questions why they carry out mass armament of the population.

Similar mechanism in the hands of the government is particularly dangerous. Bearing in mind the current situation [election year] – people will ask – why? Why now? If we analyze the statements and activities of high-ranking governmental officials, it is completely logic to assume that everything is related with the autumn scheduled elections.

-Alasania believes “without active involvement and assistance of the Georgia’s partner countries, it will be difficult not only to eradicate illegal activities of the government but also to avoid confrontation.” The main message of Alasanaia’s statement is “interfere as soon as possible not to be late!” What do you think, is it possible that current events will turn into confrontation and will the West take Alasania’s request into consideration?

-It is difficult to evaluate the chance of confrontation; but I am also concerned with possibile confrontational development of current events because the government reinforces its violent activities and widespreads illegal actions every day. It is natural, that it increases public discontent. When protest rises, the process turns into active phase that is very dangerous for the country. It might cause controversy between oppositionist and pro-governmental groups of people and finally it can turn into civil confrontation that has never done anything good for either parties. So, Alasania’s statement towards the diplomatic corps, who represent various states in our country, is extremely important because unlike Russia, who can allow itself due to its huge resources, to neglect statements and recommendations of international community, Georgia cannot do the same. In this case, Georgia might appear only in political isolation but can also face a set of sanctions. First of all, it will be very difficult for the government of Georgia and particularly for our country and population to be in isolation.

-US Ambassador John Bass wrote on his Facebook page that “he is concerned with the activities of the Chamber of Control” but has not made any official statement about it. How do you think, why did not he make official statement?

- Diplomat’s Post on Facebook page is more significant than it can seem at first sight. Non-diplomats express their positions in other words. Diplomatic language is different. We should conclude that Mr. Bass demonstrated his position in his post on Facebook.

When somebody writes something on facebook, it is considered that it is their private opinion. But, everybody knows that behind the statements of government officials; President, Prime-Minister, Minister of Foreign Affairs, Parliament Chair, there always lies an official position. I cannot imagine that the President or Prime-Minister can say something different from government’s official position. The same is in case of ambassador. In this case, ambassador chose softer form of statement. Let us see what kind of reaction government will have towards the comments of US ambassador and what will happen later.
- You will often hear allegation that government is not going to consider recommendations of USA regarding the elections in order to maintain power. Do you think the same?

- Usually, leaders of countries like ours consider it, but our government will not. If countries like that call on you to do something that may increase the possibility of losing power, then the government if it cares only for its fate might neglect a just recommendation. If this really happens so, it will bring severe results for the whole country and concretely – for our government.

Less government considers request of international community to act in accordance with democratic standards, more problems it will have with the outside world. On the other hand, this will escalate confrontation inside the country. We have numerous times seen the results of such confrontation and we are seeing now what is going on in other countries. I do not want the same thing to happen in Georgia. But imprudent government can do anything to maintain power.

- Official site of Venice Commission reports that commission is examining both Law on Political Unions of Citizens as well as Election Code. What is your expectation regarding the recommendations of Venice commission?

- Institute of Research Development of Georgia addressed Venice Commission to discuss these issues. We also sent the analysis made in our institution but Venice Commission hears such issues only in case of address of government or Ombudsman.

As far as I know our government has never addressed Venice Commission with this request. If it addressed Commission and it hears issues which are very important for us, this will be very good. Law on Political Unions of Citizens has some obviously unconstitutional articles. I hope Venice Commission will make right conclusions. As for Election Code, it also has serious problems. It has range of provisions which will deteriorate the election environment. While adopting election code government did not consider range of recommendations of Venice Commission.

Recommendations regarded restrictions of administrative resources and regulation of media activities in such way that it would ensure equal conditions for all political contestants. The issues like removing prohibition which establish restrictions for religious and charity organizations were taken out from the Election Code. Commission indicated to government that it violates articles of European Convention of Human Rights. So it would be good of Venice Commission prepares an evaluation on these issues. The content of this evaluation is another issue. But it will definitely improve the election environment. This will be possible only in case government uses recommendations of Commission and implements them. But we have also witnessed that government did not consider these recommendations.