Why Was News Program of TV-Company “Sakartvelo” Closed?

Ana Sheshaberidze

News program of the TV-Company “Sakartvelo” ceased broadcasting. According to the executive director of the Human Rights Center, the reason might be active struggle of the foreign investor David John Mapley for his property. He has been fighting to protect his investments for many years.

David Mapley is citizen of Great Britain but lives in the USA. He first got interested in Georgia in 1993; more precisely in the communication sector where he decided to invest money. Mapley owns 20% of the MagtiCom and besides that he claims he owns shares in the Georgian frequency – former TV33; currently, TV-Company Sakartvelo is using the frequency. The founder of the TV 33 was Hans von Sachsen-Altenburg – citizen of the USA and Mapley has disagreement with him. Altenburg purchased the TV-Company from Varlam Kiladze. Before that, TV-Company “202” was using the frequency whose director Shalva Ramishvili was arrested and the TV-station was then closed.

Based on the agreement signed on December 8, 2005 Altenburg had to assign the 33, 3 % of the TV 33 on Mapley after the latter had paid the agreed sum. On December 23, 2005 Mapley transferred 120 000 USD on the bank account of Altenburg’s wife Nino Andronikashvili; and on November 26, 2006 he transferred the rest 30 000 USD on the personal account of Altenburg in the US Bank. Despite that, Altenburg did not assign the property to Mapley.

Throughout 2006 Mapley repeatedly demanded Altenburg to fulfill the terms of the agreement and transfer of 33, 3 % of the shares on him; finally, Altenburg invited Mapley to his notary. On December 27, 2006 Mapley arrived in Georgia but the Notary told him the documents on transfer and registration were not ready yet.

After that, Mapley started fight for his investments. On April 29, 2007 he appealed to the Minister of Internal Affairs of Georgia Vano Merabishvili and sent the copies of the same appeal to the US Embassy, UK Embassy and German Embassy in Georgia. In his appeal he wrote that he had been interested in investing money in Georgia since 1990s; particularly in the communication field. In 2005, Hans von Sachsen-Altenburg and his spouse Nino Andronikashvili continuously suggested him to purchase share in the TV 33. However, Altenburg explained to him that Mapley, as a foreign citizen could not purchase the share in accordance to the national law. Thus he could buy the 100 % of the TV-company and then assign the 33, 3 % of it to him. For that, Altenburg requested Mapley to transfer 150 000 USD on his account – that was the price of the 33, 3 % in TV33.

On December 8, 2005 Mapley and Altenburg signed conditional sale and purchase agreement according to which Altenburg had to purchase 100 % share of the TV-Company. After the purchase procedures finished, he had to assign 33, 3 % to Mapley. Based on the agreement, David Mapley was to become owner of the 33, 3 % of the company and had to remit two payments of 120 000 USD and 30 000 USD. On December 23, 2005, Mapley transferred 120 000 USD to the account of Altenburg’s wife Nino Andronikashvili; and the second part – 30 000 USD was transferred only one year later on November 28, 2006 in the USA on Altenburg’s bank account. Mapley wrote in his appeal that he could provide the relevant evidence to prove the payments were made.

Throughout 2006 Mapley continuously demanded Altenburg to fulfill terms of the agreement and assign the share to him. Finally, Altenburg agreed and informed Mapley that the Georgian law had changed and he could be the foreign owner of the local company (only after that Mapley transferred the remaining 30 000 USD to Altenburg).

Although Mapley had transferred the 120 000 USD according to the agreement, he had not received the share yet. Altenburg registered the company on his name. Simultaneously, Mapley found out that Altenburg had purchased TV-Company for 120 000 USD (the sum he had received from Altenburg) and not for 450 000 USD as he had told him was the price of the Company. After that, on February 12, 2007 Altenburg sold the 100 % share of the company to Kakhaber Ninua for 560 000 USD. According to Mapley, Altenburg and Andronikashvili received and divided the sum. After that, Mapley requested to return his money back; however; he has lost both the money and 33 % of the company.

It is noteworthy that Altenburg had to sell the Company because of the oppression from the government of Georgia. On February 12, 2007 Kakhaber Ninua purchased TV 33 for 564 000 USD. Later he founded TV-Company Sakartvelo which has been funded by the Defense Ministry of Georgia. Supposedly, Ninua is close to the government of Georgia. Representative of the Union of Journalists “Objective” Irma Inashvili spread more concrete information about it. Reportedly, the government seized decimeter Channel 35t from Objective and assigned it to the TV-Company Alania.

Irma Inashvili: “Since they seized decimeter Channel 35 from us in December of 2006, owner of the TV 33 Altenburg offered us to use their frequency for broadcasting. We held presentation of the new broadcasting; however, a month later TV 33 was sold. Altenburg is a German lawyer and he worked in Georgia. He did not hide that he had sold the channel based on the demand of the former chairperson of the National Regulation Commission of Communications Dimitri Kitoshvili. Today, the channel of the Defense Ministry “Sakartvelo” broadcasts on the frequency of the TV 33. The latter was assigned to Kakha Ninua. This person is brother of the deputy of the former defense minister Davit Kezerashvili.”

The Human Rights Center prepared long journalistic investigation about terrorizing the independent TV-companies. The investigation was published in several articles on the www.humanrights.ge and one of them tells the story how channel of Dardubala transformed into military channel Sakartvelo.

http://www.humanrights.ge/index.php?a=article&id=2330&lang=en

Executive director of the Human Rights Center Ucha Nanuashvili said ceasing news program on Sakartvelo might be related with the activities of the legal owner of the frequency David John Mapley. He does his best to restore justice with the support of international organizations. On its side, the government also realizes that Mapley has real chance to gain the TV-Company back and supposedly they closed the news-program in order to disable the owner to use the news reporting to influence the audience in future.

Ucha Nanuashvili: “Today, the legal owner of the TV-Company Sakartvelo has started to fight for the property and has appealed to the European Court of Human Rights. He petitioned to the EU on March 23. He is trying to gain his property back through serious support and international organizations and diplomats are supporting him in it.  I do not exclude the possibility that the government will try to transform the TV-Company before the court passes final verdict; in this case, the legal owner will lose rights on it. The TV-Company closed news program lately. Although it is funded from the budget, it has serious problems.”

It is noteworthy, that David John Mapley owns 40 % in the English-language newspaper Georgia Today. Ucha Nanuashvili does not exclude the possibility that next time his newspaper would also be closed down.

David John Mapley published his first appeal to the MIA in 2007; he sent copies of his appeal to the Embassies of the US, UK and Germany and EU Mission in Georgia; he requested to return his legal share in the company. However; his appeals were not responded. Consequently, Mapley appealed to the EU on March 23 and requested their assistance to find all measures to return his property. 

Currently, the investor is in Switzerland. He sues both the government of Georgia and Altenburg who seized his property and sold without his permission and never paid even one USD to him.