Freedom of Speech Under Countrywide Attack

Violence against media rises in the regions and capital of Georgia

Akaki Gogichaishvili, Imereti regional CSO members, and journalists from the newspaper “Batumelebi” in Adjara, is the short list of individuals assaulted by local or central government in the past few days. Tbilisi-based CSOs and media companies are demanding an answer from the government for all these facts.                                                             

“The government uses all possible ways to stop the spread of free and independent information during the pre-election period,”said CSO representatives at a meeting on August 13, 2003.

The attacks began with Temur Shashiashvili’s “list of public enemies”, in which he labeled five individuals from the civil sector and independent media as “public enemies” who “dare to criticize him” (“Imereti Governor Threatens Freedom of Speech”).

A few days after Shashiashvili’s statement, a Tbilisi local court reached a decision in the case of Akaki Chkhaidze vs. Akaki Gogichaishvili and Rustavi 2 (an independent TV company), which was hailed as an “unambiguously political decision”.

According to the court ruling, Rustavi 2 has to pay 1 million Lari (approximately USD 450 000) to Akaki Chkhaidze [head of state LTD. “Georgian Railway”] in compensation for moral damage as a result of the information included in an episode of the TV program “60 Minutes”. 

 “How else can we label a decision of the court in a country where the president demands that the judges of the Constitutional Court consult with him and the government before reaching a decision? Or when [the president] reminds the judges that they are appointed by the head of the state, and thus fully accountable to him?” said Levan Ramishvili, of the Liberty Institute, at the CSO meeting.

The civil activists were shocked by both the amount of the compensation and the general attitude of the local court judges. As Akaki Gogichaishvili said at the meeting, the judges did not listen to the arguments of the defendant and reached a verdict in only 4 hours.

“What criteria were used in determining the amount of compensation is unknown to us, but another strange thing is the time period for reaching the decision,” said Giga Bokeria, of the Liberty Institute, at the meeting.

“We are worried about this turn of events and about the fact that none of the political parties made any statement these days concerning the acts of the government,” said Erosi Kitsmarishvili, founder of Rustavi 2, at the civil ring meeting.

However this is not the only situation where the freedom of speech has been attacked. Recently the government of autonomous republic of Adjara issued a law entitled “Press and other means of Mass Media”, clearly demonstrating the threat not only to media printed in Adjara, but also to media issued and distributed outside the region.

“This is a real “masterpiece” for those who are interested in how to regulate the freedom of speech and media,” said Tinatin Khidasheli, of the Young Lawyers’ Association of Georgia, at the CSO meeting.

It is interesting that the first victim of the law, which entered into force on July 23, 2003, already exists. The independent newspaper “Batumelebi”, founded in Batumi two years ago, was ruled to close down by the city court until the change its title.

“We were ready to obey the court ruling if the change of title would be made on the same day so that our readers would not be inconvenienced and would continue to receive the newspaper; however our request was not satisfied,” Mzia Amaglobeli of “Batumelebi” told Advocacy.Ge.

This triggered the concern of civil society and media representatives that the question of closing down the newspaper was political rather than legal.

Strangely enough, just a few days before closing down the newspaper, representatives from the department of taxes searched the offices of “Batumelebi”; however nothing illegal was found.

The journalists of “Batumelebi” think the question of closing the newspaper is directly connected to Avto Abashidze, a judge on the Supreme Court of Adjara. “When [Avto Abashidze] was appointed to this position, we published an article entitled “Asanidze ‘promoted’ another official” where the journalist considered that there was direct relation between Asanidze’s case and the appointment of Avto Abashidze.”

“Avto Abashidze, furious about the article, warned us that he had sufficient experience at closing down newspapers, and “Batumelebi” would be next,” Mzia Amaglobeli told Advocacy.Ge.

The staff of the newspaper has left Batumi and has registered “Batumelebi” in Tbilisi. Now the group of journalists “threatening the state security of Adjara” continues its work in the capital city, however as civil activists have noted, this is not a solution to the problem.

“We will send a letter to the government, asking them to stop the pre-election violence on the freedom of speech and expression, attacking civil leaders and journalists and hopefully all cases will be duly investigated,” said Giga Bokeria at the end of the meeting.

A signed petition was sent to the State Chancellery and the Security Council of Georgia.

Advocacy.Ge will keep you updated concerning the development of these events.