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Prosecutor’s Office did not grant victim status to the observer of Human Rights Center

December 27, 2016
 
Lana Giorgidze

Marneuli municipal prosecutor’s office issued resolution on the case of Giorgi Tkebuchava, observer of Human Rights Center during the 2016 Parliamentary Elections. According to the resolution Giorgi Tkebuchava is not victim of violence.

On October 8, 2016, Human Rights Center’s observer Giorgi Tkebuchava monitored the polling process in Keshalo village precinct # 36 in Marneuli DEC # 35, where PEC chairman Payaz Velyev and deputy chairman Saamed Gajyev physically and verbally assaulted him. The observer from the Multinational Georgia video-recorded the incident. The footage shows how Saamed Gajyev, the deputy chairman was shouting at the observer of Human Rights Center and pushes him with hands.

“The investigation into the case did not prove the facts of verbal and physical assault, or other forms of violence against Giorgi Tkebuchava in the polling station. As for the injuries on his body, it appeared after the PEC member Saamed Gajyev grabbed Tkebuchava in the left hand by his right hand and tried to sit him on the chair so that he did not hinder election process; it is confirmed by the testimonies of the PEC members,” the letter of the municipal prosecutor’s office to Human Rights Center reads.

Human Rights Center called police to the precinct #37. Afterwards the witnesses were interrogated in Algeti police office. According to the police statement, the investigation started under article 1621 of the Criminal Code of Georgia, which implies: “violence or threat of violence in the polling station, in or near the location of the commission members, during pre-election propaganda or campaign”.

Forensic medical expertise concluded that Giorgi Tkebuchava had bruises on the upper part of his left hand.

Giorgi Tkebuchava’s lawyer from Human Rights Center Eka Kobesashvili said Human Rights Center held press-conference together with other nongovernmental organizations on October 24 to protest dragged out investigation into the case; they requested the investigative bodies to timely and impartially investigate the physical and verbal assault of the Center’s observer.

“Investigator contacted us after the joint press-conference of the NGOs and asked to meet him in nearest future to speed up investigative activities. Giorgi Tkebuchava was repeatedly questioned and asked additional questions about the case details. Also, they showed him the expertise conclusion. We asked how long it would take to pass final decision into the case, and the investigator answered he was ordered to finish the investigation in short time and promised they would summon us in a few days to grant the victim status to Giorgi Tkebuchava. Afterwards, I petitioned to the Chief Prosecutor of Georgia and asked to personally control the investigation of the case. In response to my letter, I received a notification from the Marneuli municipal prosecutor’s office that our petition was not satisfied and Giorgi Tkebuchava did not receive victim status. At the same time, neither the commission members were accused in violence,” lawyer Eka Kobesashvili of Human Rights Center said.

Although the investigation continues, the lawyer does not hope it will pass impartial decision. Eka Kobesashvili believes the investigation is biased because there are all evidence in the case to pass final fair decision about the violence fact.

On October 24, Human Rights Center petitioned to the Central Election Commission to take the abovementioned circumstances into consideration. The application was enclosed with the video-footage of the incident in the PEC # 37. The CEC forwarded the application to the Marneuli DEC #22, which studied the application and notified the Center that PEC members were requested to write explanation letters, where the facts of physical and verbal assault were not confirmed. The DEC clarified that the video-footage provided by Human Rights Center did not prove physical assault of the observer and consequently they did not issue administrative violation protocol on the fact.

“Due to factual circumstances of the incident, which clearly indicated at the violation of the election law, Human Rights Center appealed the DEC decision under the administrative law. The organization appealed the CEC (Article 7 of the Election Code of Georgia) to discuss the administrative lawsuit of the Center, to study the circumstances and make relevant decision in order to hold alleged violators responsible under the administrative law,” lawyer of Human Rights Center Ana Gurieli told humanrights.ge.

On November 9, 2016 Central Election Commission did not satisfy the administrative appeal of Human Rights Center. In accordance to the CEC resolution, when making the decision, the CEC relied on the letter sent by the head of the Algeti police unit, Marneuli municipality, which states that investigation into the violence fact against Giorgi Tkebuchava is going under Article 1621 Part I of the Criminal Code of Georgia, which has not finished yet. 

“In accordance to the provision in the Article 10 of the Administrative Code of Georgia, it administrative responsibility can be imposed if the violations are not punishable under the criminal law,” the CEC resolution reads.

In accordance to the Administrative Code of Georgia, the CEC resolution cannot be appealed at the court. As for the criminal law case, as the victim’s lawyer Eka Kobesashvili said, the investigation still continues and she can appeal the decision of the Marneuli municipal prosecutor’s office at the superior prosecutor; also she can appeal the decision on not-granting the victim status to her client in accordance to the Article 56 Part 5 of the Criminal Code of Georgia.

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