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International Federation of Human Rights (FIDH) Confirms There Are Political Prisoners in Georgia

July 30, 2009

International human rights organizations already confirm that there are political prisoners in Georgia. International Federation Human Rights  (FIDH) published its report which demonstrates that there are political prisoners in Georgia. More precisely, the FIDH declared 8 people to be political prisoners; they are: Nora Kvitsiani, Joni Jikia, Revaz Kldiashvili, Shalva Ramishvili, Maia Topuria (and people arrested together with her), Demur Antia, Omar Kutsnashvii, Merab Ratishvili.

So far, no other international organization had confirmed the existence of political prisoners in Georgia.

On our website you can read the short version of the report of the International Human Rights Federation.

INTRODUCTION

In November 2008, at the FIDH regional seminar in Tbilisi on the administration of justice, several representatives of Georgian human rights NGOs strongly drew FIDH attention on the issue of new political prisoners in Georgia (mainly those arrested in 2007-2008). The FIDH thus decided to send a mission to Georgia in order to conduct research on the matter. The Mission was comprised of:

Mr. Gregoire Thery, FIDH Liaison Officer to the European Union, Mr. Kirill Koroteev, Legal Consultant to the “Memorial” Human Rights Centre, and Mr. Eldar Zeynalov, Head of the Human Rights Centre of Azerbaijan, Mission delegates.

The Mission was in Tbilisi on 19-25 February 2009, where it conducted meetings and interviews. Despite its formal request to the authorities, the Mission could not meet with the alleged political prisoners. It met with lawyers and families of the alleged political prisoners, with representatives of the authorities, representatives of Intergovernmental organizations and representatives of Georgian Human rights NGOs, political parties and civil society. The Mission attended a meeting of the Georgian civil society commission dealing with the issues of alleged political prisoners.

This issue is highly politicized in a context of strong tensions both on the internal and the external scene:

1.In November 2007, the brutal and disproportionate repression against demonstrations of the opposition worried the international community (including strong supporters of Sakashvilli's Government). The opposition TV Company “Imedi” was attacked and closed by the authorities.
2.On the occasion of the May 2008 Parliamentary elections, a high number of violations to free and fair elections standards were documented despite the final assessment of the OSCE stating that the elections were, overall, democratic.
3.The August 2008 war with Russia increased internal tensions on allegedly pro-Russian political parties and opponents.
4.In November 2008, the opposition rallies gathered again thousands of demonstrators in Tbilisi calling upon President of Georgia Mr. Sakashvilli to resign.

Despite strong allegations of the existence of political prisoners by Georgian NGOs, human rights defenders, political parties and by the Public Defender of Georgia, neither Intergovernmental organizations, nor International NGOs, formally acknowledged that there are political prisoners in Georgia. The Council of Europe officially recognized the existence of political prisoners in Azerbaijan and Armenia.

However, several intergovernmental organizations and international NGOs have documented and denounced Georgian Government political repression against the opposition.

FIDH investigation report concludes to the existence of political prisoners in Georgia. The report does not give a comprehensive list of political prisoners but aims at illustrating this assessment through 8 pilot cases. These cases mainly demonstrate how some political opponents, funders of the political opposition or influential individuals linked to the opposition are arrested and detained after having been sentenced in, totally or partly, fabricated judicial cases. The most frequently used charges are illegal storage of weapons, illegal storage of drugs, extortion or attempt to overthrow the Government.

CONCLUSIONS

In November 2008, FIDH attention was drawn on the issue of new political prisoners in Georgia.  FIDH member organization in Georgia, the Human Rights Centre (HRIDC) and several partner organizations, including, among others, Human Rights Priority, GYLA, the Association of Former Political prisoners, Article 42 brought several cases to its knowledge. At that time, those allegations were only supported by local Human Rights NGOs, Political Parties, but also by the office of the Public Defender of Georgia.

After having sent a fact-finding mission in Georgia in February 2009, interviewed 19 family members and lawyers of alleged political prisoners,
18 representatives of Georgian Human Rights NGOs, 2 representatives of International Organizations, 3 representatives of Georgian authorities, FIDH fact-finding mission concludes that the 8 pilot cases it has examined in depth allow to assert that there are political prisoners in Georgia.

FIDH conclusion does not aim at pretending that all are fully innocent but can assert that their detention is partly, or totally, the result of political motivations. Some, or all, of the following trends can be found in examined cases:

-The detainees, and/or his relatives, are particularly involved in the opposition to the Government. (in all cases) -The period of the launching of the trial and of the pre-trial detention is linked to specific political activities of the detainees. (in all cases)
-The detainees assert that the authorities themselves unofficially linked their arrest to their political activities by negotiating their release against political guarantees (in most of the cases, similar practice was reported by OSCE EOM report on May 2008 elections) -The formal charges look incoherent and are strongly discredited by reliable testimonies of relatives, professional interlocutors and by the past of the detainees. (in allegedly totally fabricated cases) -Similar unlikely formal charges are used against numerous people involved in the same opposition activities. (in allegedly totally fabricated cases) -There are serious doubts on the fairness of the trial (in general in Georgia and specifically in several cases)

RECOMMENDATIONS

Taking into consideration that:

Georgian opposition parties, but also the main Georgian Human Rights NGOs, consider that there are political prisoners in Georgia and established several lists of alleged political prisoners ;

The Public Defender of Georgia publicly supported this allegation before Georgian Parliament and questioned the Government on the case of several detainees he considers as “political prisoners”;

FIDH fact-finding mission concluded, through the examination of 8 pilot cases, that there are indeed persons who should be considered as political prisoners according to Council of Europe’s definition;

No international NGO, nor Intergovernmental organization, has formally recognized until today the current existence of this phenomenon in Georgia;

However, several International NGOs and Intergovernmental Organizations have documented and denounced various forms of repression of Georgian political opposition these last years;

Georgian Government did not allow FIDH fact-finding mission to meet with several alleged political prisoner despite FIDH formal request,

Georgian Government should have “the opportunity to present evidence refuting these allegations”

FIDH calls upon:

The Council of Europe to:

Mandate a group of independent experts to examine the cases of alleged political prisoners in Georgia and give an opinion on the said cases as to whether the persons in question may be defined as political prisoners on the basis of the criteria adopted in earlier documents of the Council of Europe.

Make sure that this group has the capacity and mandate to meet a number of alleged political prisoners, their lawyers, their relatives, State officials, representatives of intergovernmental organizations as well as representatives of human rights NGOs.

The EU and the OSCE to:

Support the establishment of the CoE group of independent experts in charge of examining the cases of alleged political prisoners in Georgia

Carry out judicial observation in all the cases of alleged political prisoners and in all politically sensitive trials

Pay special attention to the information provided by Georgian Human rights NGOs, lawyers and detainee’s families on the cases of alleged political prisoners

Share all relevant information and expertise on alleged political prisoners in Georgia with Council of Europe’s experts

Georgian Government to:

Support the establishment of the CoE group of independent experts in charge of examining the cases of alleged political prisoners in Georgia

Provide to FIDH with evidences refuting its fact-finding mission conclusion and/or engage with FIDH in a constructive dialogue on the issue of political prisoners in Georgia

Allow FIDH to meet with alleged political prisoners at their place of detention.

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