Q&A with Ucha Nanuashvili

Today much is talked about the situation in the sphere of human rights. In this regard we interviewed Ucha Nanuashvili, the head of the Human Rights Information and Documentation Center.

Q. How would you estimate the activities of human rights watchdog organizations in Georgia?

A. The situation has significantly changed compared with previous year, in terms of protection of human rights. We can distinguish both positive and negative moments. Firstly, the civil sector has undergone particular changes since the November rose revolution, that reflected the human rights watchdog organizations as well. In particular, the staff moved from the non-governmental sector to the governmental organizations. As a result, the authorities consider, that the non-governmental sector has weakened and does not exist really.

In the government’s opinion, the non-governmental organizations have already performed their function in the rose revolution and are no more necessary. The President held the first meeting with the representatives of civil watchdog organizations only a year after his election. It means that the non-governmental sector does not matter for the authorities. 

Q. What can you say about the relationship between the authorities and the non-governmental sector?

A. The critical approach towards the developments, which is characteristic for some civil leaders, triggers inadequate response of the authorities. They think, that if we slam them, we are negatively disposed towards them. Anyway, the non-governmental organizations should keep constructive, if not opposite, position towards any authorities. Generally speaking, the present authorities have greater reaction to criticism, compared with the previous one.  

At the same time, the non-governmental sector finds rather important to cooperate with the authorities, since without this cooperation no real results could be achieved. Presently joint commissions including civil watchdogs act in many spheres. Some non-governmental organizations are also involved in a law-making process … However, this issue has the reverse side as well. Such cooperation should not be demonstrative. Today, the authorities step back in particular cases or try to create the atmosphere of imaginary cooperation.

At the same many NGOs are not involved in such kind of cooperation. For instance for our organization, the doors of many governmental structures appeared closed. Even more, our appeals for cooperation remain without response (the Ministry of Justice for instance). The simple thing – demand of public information from the different governmental structures causes irritation and threats from the governmental officials.

Q. Which key problems do the human rights watchdog organizations face currently?

A. I would like to stress one circumstance. In reality, a human rights watchdog organization is an  independent structure throughout the world. This means, that besides the changes occurring in the authorities, a non-governmental organization should stay neutral and independent. Most important is that there exist rights, legal norms and principles, which are inviolable and the governmental reshuffle should not lead to their revision.

Moreover, particular split is observed in the human rights watchdog organizations. During [Eduard] Shevardnadze’s presidency a uniform front of organizations existed, which, in case of violations, jointly tried to improve the situation. Actually, they put pressure on the authorities. Unfortunately, this does not happen today.

Q. Exactly which problems could you distinguish in Georgia?

A. It is worth noting, that the most important problem, which triggers such high scales of human rights violations, is a syndrome of impunity, which existed for years and still persists. Each official, who committed a crime, should answer in law.

As for particular rights, the situation is alarming at the pretrial detention cells, where the facts of beatings and tortures are very frequent. The right to obtaining a lawyer from the moment of detention as well as other procedural rights are often violated. The social and economic rights are also violated in Georgia.

The fact that the judicial authorities are independent on authorities can be considered a violation as well. Reduction of quality in the judicial authorities is caused by constitutional changes. As a result of these changes, the Parliament entitled the President to dismiss judges. So, in case of any “undesirable” moves, a judge can easily lose his job.

Q. How can the non-governmental organizations interfere in the ongoing processes?

A. As for the non-governmental organizations, I think, that a period of euphoria has already passed and we appeared in front of rather serious problems. The non-governmental organizations should play a key role in the ongoing processes. What is more, we have done much in terms of human rights protection during previous years – actually, for past two years, nobody was tortured to death in the pretrial detention cell; monitoring is constantly conducted; so there exists a factor of fear.

Today the non-governmental organizations should use the same methods, which were used previously. They should put pressure on the authorities. I think, that first of all the organizations should find a common language among themselves.

Q. Are any positive changes observed in terms of human rights protection with coming of the new authorities?

A. Generally, positive changes are really observed in the country. For example, patrol police was set up, particular social programs were launched, a level of corruption decreased in several structures. However, as for protection of human rights, I expected more radical changes. This was a pledge of the political team, which came to power. Unfortunately, a year has already passed and I find it rather difficult to name any important positive changes. On the contrary there are the evident setbacks in many spheres. All these changes are reflected in our report.

In addition, several televisions and newspapers were closed, despite the slogans of the new authorities regarding freedom of speech and human rights. This raises many unanswered questions in the society.  

Q. A presentation of the report on human rights, which was prepared by your organization, was held on December 10. Could you shortly tell us about it?

A. The report named One Step Forward – Two Steps Back  covers the changes, which occurred in the sphere of human rights for past one year. The report has not been prepared within the frames of any project. This initiative belongs to our organization. Moreover, preparation of various reports in the sphere of human rights is one of the key trends of our organizations for already several years.

The report aims at acquainting the society, authorities, international organizations and interested persons with particular violations and general tendencies observed in the country recently.