Categories
Journalistic Survey
Articles
Reportage
Analitic
Photo Reportage
Exclusive
Interview
Foreign Media about Georgia
Editorial
Position
Reader's opinion
Blog
Themes
Children's Rights
Women's Rights
Justice
Refugees/IDPs
Minorities
Media
Army
Health
Corruption
Elections
Education
Penitentiary
Religion
Others

Six CSOs Address to the President, Prime-Minister and Parliament Speaker of Georgia

October 10, 2014
 
To: Mr. Giorgi Margvelashvili 
President of Georgia 

 Mr. Irakli Gharibashvili 
  Prime Minister of Georgia

 Mr. Davit Usupashvili
 Chairman of the Parliament of Georgia 

Hereby, we apply to you over the violation of rights of a citizen of Georgia, Saikhan Muzaev. The Ministry of Interior Affairs has prohibited him from leaving the country without providing any substantiation, and is restricting his freedom of movement guaranteed by the Constitution of Georgia. 

Saikhan Muzaev, who became a citizen of Georgia in 2012, decided to travel to Great Britain to study. He obtained appropriate visa, paid for tuition, room and boarding. However, on January 13, 2014, Interior Ministry officer stopped him at Tbilisi International Airport and refused to allow him to leave the country without providing any legal or factual clarification. Muzaev tried to leave the country twelve more times but his every attempt was met with analogous illegal actions of the law enforcement authorities. 

He believes that the refusal to allow him to leave the country has to do with the so-called Lapankuri case. He stated that the investigating authorities were forcing him to testify about the special operation and confirm the information that he had no possession of. Under the circumstances, Muzaev feels unsafe and believes that he may be subjected to other illegal actions.  

Inquiry of GYLA’s lawyer as to why Muzaev’s freedom of movement was restricted was responded by the Department of Counter Surveillance of the Ministry of Internal Affairs of Georgia saying that they are “unaware of factual and legal circumstances that serve as the basis for restricting Saukhan Muzaev’s right to leave the territory of Georgia.”   

On March 17, 2014, Saikhan Muzaev filed an administrative complaint with the Interior Ministry, describing the facts and demanding that any interference with his right to leave the country be prohibited but the Ministry has not taken any further actions in response to the complaint. S.Muzaev filed in Tbilisi City Court for protecting his Constitutional rights. His case is still pending. We would like to note that MIA representative has not attended any of the court hearings and expressed official position, while the trial has been delayed unreasonably. Both the general inspections of MIA as well as the prosecution service have been alerted about gross violation of Muzaev’s rights; however, the authorities have not taken any further actions in response to his applications and complaints.   

Pursuant to Article 22 of the Constitution of Georgia, “Everyone legally within the territory of Georgia shall be free to leave Georgia. These rights may be restricted only in accordance with law, in the interests of securing national security or public safety, protection of health, prevention of crime or administration of justice that is necessary for maintaining a democratic society.” Pursuant to the law of Georgia on Exit from and Entry into Georgia by Citizens of Georgia, a citizen of Georgia can be refused to cross the border if s/he is wanted by the law enforcement authorities or if s/he presents false or invalid documents, which S.Muzaev has not committed. None of the agencies have provided any substantiation or factual and legal circumstances and arguments for justifying violation of the Constitutional right of a citizen of Georgia. In its recommendation dated 06.05.2014, the Public Defender of Georgia found illegal intrusion in the field of freedom of movement protected by Article 22 of the Constitution of Georgia, resulting in violation of the individual’s legal rights. Human rights organizations have pointed to gross violation of Muzaev’s rights but no further actions have been taken. 
 
In this light, we apply to you requesting and hoping that adequate further actions will be taken in response to the illegal restriction of Constitutional rights of Saikhan Muzaev, citizen of Georgia. We kindly ask you to examine the foregoing facts and take adequate further actions.  
   
Georgian Young Lawyers’ Association 
Transparency International – Georgia 
Human Rights Center 
Human Rights Institute 
Article 42 of the Constitution 
Center for Human Rights Education and Monitoring   

News