Prosecutor’s Office Refuses to Investigate Harassment of Journalist

Prosecutor’s Office Refuses to Investigate Harassment of Journalist

Shida Kartli Prosecutor’s Office officially declared to Saba TsitsikaSvili that the office will not be able to start a preliminary investigation into the alleged harassment of Saba Tsitsikashvili by the governor Mikhail Kareli and his security service members. Nothing can be done as long as the acts do not violate the criminal code regarding hindrance of professional duty.

The application was brought to the General Prosecutor's office of Georgia in the name of the General Prosecutor on the 30th of December, 2005. The General Prosecutor's Office sent the application to the district prosecutor Mikhael Abuladze for discussion. Abuladze then passed the application of the journalist to the head of the department of investigations, Gela Gelashvili.

On the 24th of January 2006, Gela Gelashvili sent the following response to the applicant: “I notify you that the facts stated in the application do not contain an indication that a crime under Article #154 of the Criminal Code of Georgia has been committed and that is why the preliminary investigation on the above mentioned facts will not start."

Saba Tsitsikashvili stated: "On the 1st of February I asked the head of the department of investigations to give me a detailed explanation about the issue of which law and which articles he was guided by whilst discussing my application. It is known that according to Article 263 of the Criminal Procedure Code of Georgia, the prosecution must start a criminal case if the facts stated in the application contain signs that a crime has been committed."

On the 10th of February 2006, the prosecutor's office of Shida Kartli additionally explained to Saba Tsitsikashvili, that the facts stated in his application do not contain any indications that a crime has been committed under Article 154 of the Criminal Code of Georgia. The prosecutor’s office stated that "the article relates to the hindering of professional duties of a journalist; either compelling the journalist to spread some information or to avoid spreading it. According to your application these kinds of things have not taken place against you, so there are no grounds to start a preliminary investigation”.

From Saba Tsitsikashvili's point of view, the prosecutor's office of Shida Kartli has violated Article 263 of the Code of Criminal Procedure Rules of Georgia, as they did not consider all the facts stated in the application regarding signs of a crime committed by the governor. I must remind you that on the 26th of April 2005 in the village of the Gori region, Uplistsikhe, Mikhael Kareli verbally insulted a journalist that had arrived there to take pictures during the flood and ordered security service members to drag the journalist out of his car, who did so immediately.

Saba Tsitsikashvili accuses the prosecutor's office of being in the hands of the governor of Shida Kartli and states that: "The prosecutor has written me that the facts stated in my application do not contain any signs that a crime has been committed. Except for my application, the prosecutor has ignored the statements of journalists and the public that I have attached to my application. Two journalists and about a hundred of inhabitants of the village all confirm to the prosecutor that Mikhael Kareli and his security service members have hindered me carrying out my professional work. It is obvious that the prosecutor's office is protecting the governor of Shida Kartli."

For this, Saba Tsitsikashvili intends to apply to the Gori district court.

Saba Tsitsikashvili from Gori