Amnesty International: Concerns in Georgia

Amnesty International: Concerns in Europe and Central Asia
July – December 2003

GEORGIA

This country entry has been extracted from a forthcoming Amnesty International report, CONCERNS IN EUROPE AND CENTRAL ASIA: July - December 2003 (AI Index: EUR 01/001/2004) issued in April 2004. Anyone wishing further information on other Amnesty International concerns in Europe and Central Asia should consult the full document.

Resignation of the President

Parliamentary elections took place on November 2, amid widespread concern at procedural irregularities including allegations of inaccurate voter lists; instances of violence against election monitors; and falsification of election returns disadvantaging the opposition. The Organization for Security and Co-operation in Europe stated that the conduct of the elections “fell short of a number of international standards”.

Public anger at the conduct of the elections triggered mass demonstrations led by opposition figures, in particular National Movement leader Mikhail Saakashvili, that culminated in a peaceful mass protest outside parliament on November 22, known as the “Rose Revolution”. Demands by the demonstrators included that President Eduard Shevardnadze step down. The President declared a state of emergency, but then resigned on November 23 “to avoid bloodshed”. The same day Nino Burdzhanadze, Speaker of the outgoing parliament and a key opposition figure, was declared interim President. Presidential elections were scheduled for January 2004, and a partial re-run of parliamentary elections for later that year.

Religious freedom curtailed

Religious minorities continued to face harassment, intimidation and violent attacks by supporters of the Georgian Orthodox Church. In many cases, the police failed to provide adequate protection for those targeted. The first prosecution of the perpetrators in a series of attacks over more than four years resulted in suspended prison sentences handed down on five men in November (see below). Hundreds of other attackers remained unpunished.

 Amnesty International learned of three attacks on Jehovah’s Witnesses after the “Rose Revolution” in the town of Samtredia in the west of Georgia (see below).

Attacks on religious minorities

On October 13, 40 men reportedly raided the home of a Jehovah’s Witness family in the town of Senaki in the west of Georgia. One of the attackers was reportedly armed with a gun. The men were said to have physically assaulted Merab Kardava, his son-in-law Leri Otkhozoriya, and their neighbour Zoya Ashordiya and threatened further violence if they continued to hold religious gatherings in their home. The attackers reportedly took away religious literature and destroyed the gate of the house. As in hundreds of similar cases a complaint was filed with the authorities, but no criminal case had reportedly been opened by the end of the period under review.

On October 26, several young men blocked the entrance to the home of Pentacostal priest Nikolay Kalutsky, which houses the congregation's church in Gldani-Nadzaladevi district in Tbilisi, to prevent the congregation from holding a church service. When Vera Kalutskaya, the priest's wife, called the local police for help, a senior officer reportedly told her "to leave [him] alone" and that he was "fed up" with the congregation's complaints. The city procuracy also responded reluctantly and only following phone calls from local human rights activists did the police arrive at the scene. By that time, some 20 men had gathered who were verbally abusing the congregation and beating several of its members. For example, in the presence of the police 17-year-old Maksim Kalutsky, one of the priest's sons, was hit several times to prevent him from taking photographs of the attack. Suzanna Gvenetadze, an elderly church member who was recovering from a heart attack, was hit in the chest. The attackers were said to have repeatedly consulted with at least one Georgian Orthodox priest by mobile phone. Reportedly, the police only intervened after Nikolay Kalutsky had repeatedly urged them to do so. The congregation has faced a series of attacks since July 2002 by a crowd of radical supporters of the Georgian Orthodox Church, reportedly incited by at least three Georgian Orthodox priests. For most of the time since, they have been unable to hold religious gatherings in the church. In many cases the police have failed to protect the congregation; several members sustained injuries and one had to be hospitalized following physical abuse.

Violent supporters of the Georgian Orthodox Church physically and verbally assaulted members of the Jehovah’s Witnesses in the town of Samtredia on December 7th, 23rd, and 28th. Jehovah’s Witness Paata Arabuli, for example, suffered a concussion as a result of the attack on December 23. Complaints regarding the three attacks were filed with the Prosecutor General and the Ministry of the Interior. However, no criminal cases were reportedly opened by the end of the period under review.

Suspended prison sentences handed down on five attackers of Jehovah’s Witnesses

On November 4, Rustavi City Court handed down suspended sentences of between two and four years’ imprisonment on Paata Bluashvili, a supporter of the Georgian Orthodox church and member of the radical Jvari (Cross) group, and four supporters. The men were convicted of involvement in two attacks on Jehovah’s Witnesses. Reports suggested they had been involved in a series of attacks on religious minorities.

Special Rapporteur on freedom of religion or belief

Abdelfattah Amor, the United Nations Special Rapporteur on freedom of religion or belief, visited Georgia from August 31 to September 7 to examine the situation of freedom of religion and belief in the country. In his 16 December report he urged the authorities of Georgia, among other issues, “to take steps immediately to investigate all acts of violence or religious intolerance which have been committed in Georgia, to put those responsible on trial within a reasonable period and to take them into custody if the courts order a term of imprisonment or pre-trial detention”; and “to ensure the complete safety of the victims and applicants for civil indemnification so that they are free to attend the hearings and do not feel threatened”. He also stressed that “freedom of speech does not authorize the press to broadcast messages which might constitute incitement to religious hatred” and urged the authorities to “take appropriate steps for the swift prosecution of anyone who commits a criminal offence of this kind”. In addition, he called on the authorities to promptly remove any passages from schoolbooks that “run counter to religious tolerance or, if this is infeasible, to withdraw [such] books”.

Jehovah’s Witness entity re-registered (update to information in AI Index: 01/003/2001)

On November 28,the Jehovah’s Witnesses were informed by the authorities that a branch of the Watch Tower Bible and Tract Society in Pennsylvania was registered with the Ministry of Justice in Georgia. The registration followed an application lodged by the Jehovah’s Witnesses in September.

On February 22, 2001, the Supreme Court of Georgia had upheld a lower court’s decision to revoke the registration of two Jehovah’s Witness entities – the Union of the Jehovah’s Witnesses and a branch of the Watch Tower Bible and Tract Society in Pennsylvania – that had been registered in Georgia since 1998. Following the ruling the Jehovah’s Witnesses had

repeatedly unsuccessfully applied for re-registration of the two entities. The Union of the Jehovah’s Witnesses remained unregistered by the end of the period under review.

Extraditions

On September 16, the European Court of Human Rights declared admissible an application against the extradition to the Russian Federation of 13 Chechens who had been detained by border guards near the village of Girevi in the Akhmeta district in August 2002. The Court also announced that it would take evidence from the 13 applicants and from witnesses in Russia and Georgia. The application had been lodged with the Court on October 4, 2002. However, five of the 13 applicants had already been extradited to Russia on October 4. The men were believed to be at risk of serious human rights violations including torture upon their return to Russia. On September 19, 2003, the trial of four of those extradited opened in Stavropol in Russia on charges including “terrorism” and “participation in an armed group”. On May 16, 2003 the Supreme Court of Georgia refused to permit the extradition to Russia of three of the applicants: Huseyn Alkhanov, Ruslan Gelogayev and Rustam Elkhadzhiyev.

International Criminal Court

On September 5, Georgia became a party to the Rome Statute of the International Criminal Court (ICC). The Rome Statute provides for the establishment of a permanent ICC to bring to justice people accused of genocide, crimes against humanity and war crimes as the most serious crimes under international law. However, prior to this, on May 7, 2003 the Parliament of Georgia had become the second parliament in the world to ratify a bilateral impunity agreement with the United States of America (USA). By doing so it agreed not to surrender US nationals accused of genocide, crimes against humanity or war crimes to the ICC. Such agreements are in breach of states’ obligations under international law.

Concerns in the autonomous republic of Ajaria

AI learnt of several cases where activists critical of the authorities of the Autonomous Republic of Ajaria were harassed and intimidated, in particular in connection with the November parliamentary elections. On November 2, 21-year-old Giorgi Mshvenieradze, who monitored the elections on behalf of the non-governmental Georgian Young Lawyers’ Association, was reportedly beaten inside the polling station no. 23 in Kobuleti region after he had tried to prevent a man – who was said to have been a police officer in plainclothes – from bringing unmarked ballot papers into the polling station that were reportedly intended for ballot box stuffing. Giorgi Mshvenieradze was subsequently detained by police. On December 5, Kobuleti regional court sentenced him to three months’ imprisonment on charges of “hooliganism” (Article 239 part 3 of the Criminal Code of Georgia), “infringing on the expression of the will of the electorate” (Article 162), and “committing a crime against a government official” (Article 353) and kept in prison no. 3 in Batumi. He was released early from preliminary detention on December 7.