Accused for the Restriction of Free Opinion Is Appointed at High Position

Davit Kapanadze, former member of the Georgian Parliament, who was condemned by Lagodekhi district court for the persecution of free opinion in 2008, has recently occupied the position of the deputy head of the administration at the Chamber of Control. Journalists and human rights defenders consider that this fact is continuation of the governmental policy because those, who fight against freedom of expression and try to frighten journalists, are appointed to high positions.

On March 17, 2008, Kakheti regional prosecutor’s office arrested Davit Kapanadze, former single mandate MP from Lagodekhi district. The criminal prosecution was launched based on the suit filed by Ramaz Samkharadze, director of regional Radio Station “Hereti”. According to the suit, on October 9, 2006 Kapanadze and his allies met Samkharadze in front of his house and assaulted him both verbally and physically; the reason for the harassment was reportage about past illegal activities of the former MP released by Radio “Hereti”.

Although criminal case was launched on the incident, Gurjaani district prosecutor’s office dropped the investigation because of absence of evidence against the accused.

“With the support of influential friends, Kapanadze tried to stop the investigation and it was confirmed by the decision of the Gurjaani prosecutor’s office. According to the decision preliminary investigation estimated that activities of Kapanadze did not turn into hooliganism and did not breach public order; however, based on the recommendation of the Public Defender, Prosecutor General’s Office renewed the investigation; soon Kapanadze was arrested together with his friend Gia Korghanashvili, member of the ruling “National Party”, commented administration of the Radio “Hereti”.

Lagodekhi district court found Kapanadze and Korghanashvili guilty under Article 156, Part II of the Criminal Code of Georgia (persecution of a person because of his/her diverse opinion or professional activities). Although Prosecutor Zurab Javakhishvili from Kakheti regional prosecutor’s office requested 18 month imprisonment for Davit Kapanadze and 12 month imprisonment for Gia Korghanashvili, the judge bailed Kapanadze for 8 000 GEL and Korghanashvili for 4 000 GEL. According to the Radio “Hereti” Samkharadze requested the condemned to apologize to him in public.

Reportedly, Kapanadze, despite having committed a crime against the freedom of expression, short time ago was appointed to the position of deputy head of the administration at the Chamber of Control. Giorgi Botkoveli, the head of the administration, confirmed the appointment.

Kapanadze stated that conviction record was abolished on him and now he has right to start work. “I do not remember exactly when it happened but approximately 4-5 months ago the court abolished my conviction record,” said Kapanadze.

Press-service department of the Supreme Court of Georgia reported that Kapanadze’s conviction record was abolished based on his appeal. Journalists and human rights defenders consider that it is continuation of the governmental policy because people who fight against freedom of expression and try to threaten journalists are appointed to high positions.

Ia Mamaladze, chairperson of the Association of Regional Media in Georgia: “it is next decision of the government which illustrates that activities similar to Kapanadze’s action are acceptable for the government. I can recall an incident in Kutaisi when former regional governor, Akaki Bobokhidze beat journalist Irakli Imnaishvili; however, instead punishing, Bobokhidze was promoted in his positions and now he is MP. It is fact that harassers are encouraged in our country. If it was in different way, regional governmental officials would not dare to threaten, harass or attack journalists.

Zviad Koridze: “Kapanadze, a fighter against free expression, should not become public official. He paid 8 000 GEL for his freedom but it does not mean that he is not guilty for the fight against freedom of expression. Similar people should not occupy high positions either in the Chamber of Control or in the representations. It creates the syndrome of impunity and people are encouraged to beat journalists and persecute freedom of expression; however, despite their action they could be promoted.

Ucha Nanuashvili, executive director of the Human Rights Center: “This fact once more demonstrates that people are stimulated for the harassment of journalists. It is impossible to believe that the board of the Chamber of Control did not know who they were employing. International organizations were also informed about the incident and they have mentioned it in their reports. Based on the current situation in the country, the reaction of the international community will be not only our rejection from the euro-integration, but I think soon we will reach the Central Asia.”

Gela Mtivlishvili, Kakheti