Tamaz Galuashvili before the European Court of Human Rights

Tamaz Galuashvili before European Court of Human Rights

After the anniversary of the “rose revolution” Georgian authorities once again have to give explanations as regards violations of human rights in Georgia.
 
On June 6, 2004 the police conducted a special operation based on anonymous information against the Georgian citizen Tamaz Galuashvili. Only by chance he survived the police fire which had been directed at his car without prior warning. Given the indifference of investigators to identify the person on the basis of whose information the operation had been conducted, Galuashvili’s advocates are sceptic whether such an anonymous call ever occurred. Beyond this alleged call there appears to be no motive for the the detention of Galuashvili.

At 4 p.m. on the central street of the city – Tchavchavadze avenue, police officers without warning opened the fire at Galuasvili’s car. He was immediately detained thereafter and transported to the city police head quarters. Neither was he given the opportunity to meet a lawyer for hours not did the members of his family notified as required by the criminal Code of Procedure.
 
Galuashvili has diabetes and needs permanent injection of insulin, which was not accessible for him during a few hours after his detention. The lack of insulin caused a life endangering condition that is equal to torture for those suffering from diabetes.
 
Late in the evenin, still detained by the police, he learned about a search being conducted in his house located on the territory of Tskneti by watching TV instead of being informed in person. During the search a gun was removed from his house. According to the protocol another gun (specified as nagani) is said to have been taken from Galuashvili during a personal search upon detention. In consequence, a criminal case has been brought against Galuashvili for the illegal keeping and carrying of guns. Galuashvili denies any connection between him and these guns mentioned above and maintains that the investigation tries to prove these allegations based on false evidence.
 
It is noteworthy, that after the detention of Galuashvili, the authorities spread information of a person of criminal record being detained via mass media. By such an act, the authorities have violated the principle of presumption of innocence, for in fact Galuashvili has no criminal record as yet and was running a business.
 
Similarly, the decision of Vake –Saburtalo regional court of June 28, 2004, which sentences Galuashvili to custody needs to be considered illegal. He was placed in the 7th isolator of the Ministry of internal affairs. With neither natural nor artificial light, no water or furniture and a moist and pungent smell everywhere the conditions inside the cell are inhumane. Sulkhan Molashvili, former chairman of the chamber of control was detained in the same cell.  The cell has been visited by the leader of the monitoring group of the European Council, Matheos Iorish, as well as by the representatives of various NGOs. They confirmed the grave conditions as reported by the defendants.
Galuashvili’s hesalth has been deteriorating after his detention.
Only after the aforementioned visit Galuashvili was moved to the prison hospital were he still is.
In October 2004 Galuashvilii applied for defense to the union “article 42 of the Constitution “.  The advocates of the organization have already sent the application form to the European Court.
 
Articles 3, 5 and 6 of the European Convention of human rights are violated in regard to Galuashvili.  During his detention the state exceeded its use of power and opened fire at an unarmed person, thus risking Galuashvili’s right to life as guaranteed by the Constitution of Georgia and the European Convention on human rights.
 
 Additional information can be obtained under:  www.article42.ge