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<strong>Human</strong> Rights Center (HRIDC)<br />

<strong>Intermediate</strong> <strong>Report</strong><br />

<strong>Research</strong> <strong>of</strong> <strong>Pre</strong>-<strong>election</strong> <strong>Period</strong><br />

August-September, 2012<br />

September, 2012<br />

Tbilisi<br />

1


<strong>Human</strong> Rights Center is an NGO dedicated to increasing respect for human rights and<br />

fundamental freedoms and promoting the democratic development <strong>of</strong> the state. We cooperate<br />

with international and local NGOs which share the understanding that respecting human rights<br />

represents a precondition for strengthening democracy and peace in Georgia.<br />

Authors: Mikheil Sharashidze, Nestan Londaridze<br />

Editors: Ucha Nanuashvili, Aleko Tskitishvili<br />

Translators: Nino Tlashadze, Nino Tsagareishvili<br />

<strong>Human</strong> Rights Center would like to thank the US Embassy in Georgia, the National Endowment<br />

for Democracy (NED) and the Norwegian Helsinki Committee. <strong>The</strong> views expressed in the<br />

report belongs to <strong>Human</strong> Rights Center only and do not necessarily reflect the views <strong>of</strong> donors.<br />

2


Contents<br />

Introduction -------------------------------------------------------------------------- 4<br />

Standards for Assessment <strong>of</strong> <strong>Pre</strong>-<strong>election</strong> Environment and Goals <strong>of</strong> Monitoring ------ 5<br />

Main Features <strong>of</strong> Ongoing Electoral Process in Georgia -------------------------------------- 6<br />

Types <strong>of</strong> Government Resources Used in Ongoing Electoral Process ------------------- 8<br />

Use <strong>of</strong> Legislative Resources <strong>of</strong> Government ---------------------------------------------- 11<br />

Use <strong>of</strong> Law-enforcement, Supervisory and Regulatory (Government) Resources -----------15<br />

Illegal Interference in Jurnalistic Activitis----------------------------------------------------- 15<br />

Motivated Oppressions where governmental Officials directly or indirectly participated - 21<br />

Cases <strong>of</strong> Use <strong>of</strong> financial Resources and government Regulations ----------- 69<br />

Use <strong>of</strong> Media Resources by the Government------------------------------------------- 80<br />

Conclusion -------------------------------------------------------------------------------- 81<br />

3


Introduction<br />

<strong>The</strong> 2012 parliamentary <strong>election</strong>s represented a significant event in the history <strong>of</strong> Georgia. It<br />

should be taken into account that according to new constitutional amendments, Georgia will<br />

transfer to a mixed form <strong>of</strong> governance in which the political and legal role <strong>of</strong> the Parliament<br />

in the life <strong>of</strong> the country will increase.<br />

Almost a year before the <strong>election</strong>s, a new opposition coalition “Georgian Dream” was created<br />

with strong financial resources (<strong>The</strong> leader <strong>of</strong> “Georgian Dream” is the richest person in<br />

Georgia, Bidzina Ivanishvili). <strong>The</strong> main opposition parties joined the coalition which formed<br />

a real electoral alternative to National Movement for the first time in many years. <strong>The</strong><br />

creation <strong>of</strong> an important opposition coalition should help to promote a real atmosphere <strong>of</strong><br />

competition in future parliamentary <strong>election</strong>s. However, real political competition is one<br />

thing, whilst the creation <strong>of</strong> a political and legal environment which ensures reliable<br />

guarantees for such competition is another.<br />

<strong>The</strong> 2012 Parliamentary <strong>election</strong>s represent a turning-point in<br />

the political and legal<br />

development <strong>of</strong> Georgia. <strong>The</strong> future development <strong>of</strong> the country and its perspectives <strong>of</strong><br />

integration into the Euro-Atlantic space depend on the results <strong>of</strong> these <strong>election</strong>s, which<br />

represent the only guarantee for the sustainable development <strong>of</strong> a secure Georgian society.<br />

According to the joint statement <strong>of</strong> the High Representative <strong>of</strong> the EU Catherine Ashton and<br />

the EU Commissioner for Enlargement and European Neighborhood Policy Štefan Füle, the<br />

EU has many expectations about the parliamentary <strong>election</strong>s on October 1 st since they will be<br />

crucial for the continued democratic development <strong>of</strong> Georgia and will set the stage for the<br />

quality and depth <strong>of</strong> EU-Georgia relations in the future. 1<br />

1<br />

http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/132250.pdf<br />

4


Standards for Assessment <strong>of</strong> <strong>Pre</strong>-<strong>election</strong> Environment and Monitoring<br />

Elections monitoring must take into account not only the day on which eligible citizens cast<br />

their vote. It is an important part <strong>of</strong> monitoring to consider and analyze all events which<br />

may influence the electoral process and its fairness. <strong>The</strong> characteristic trends <strong>of</strong> the current<br />

electoral process which are presented in this report must be assessed both separately and in<br />

conjunction with each other in order to evaluate their impact on the pre-<strong>election</strong><br />

environment and in general on the fairness <strong>of</strong> the electoral process. <strong>The</strong> goal <strong>of</strong> this analysis<br />

is to determine how political and legal processes in Georgia comply with international and<br />

national standards obligatory for <strong>election</strong>s. In particular, ensuring a truly competitive pre<strong>election</strong><br />

environment allows voters the possibility <strong>of</strong> making real and informed choices.<br />

Also, it is crucial to guarantee a free, fair and equal pre-<strong>election</strong> environment for relevant<br />

electoral candidates and their supporters.<br />

According to article 5 <strong>of</strong> the Constitution, the people shall be the source <strong>of</strong> state authority in<br />

Georgia. People exercise their power “through their representatives” who are elected by<br />

means <strong>of</strong> an equal and fair electoral process. Thus, <strong>election</strong>s represent an institutional<br />

mechanism which makes democracy work. 2<br />

According to the same article, “no one has right to seize the authority or usurp it” in other<br />

words, to exercise authority without fair electoral procedures and the democratic legitimacy<br />

gained as a result.<br />

Thus, “in order for people to govern, people should participate in politics and the best way to<br />

do this is through <strong>election</strong>s”. 3 <strong>The</strong> electoral process which ensures “people‟s governance”<br />

must be fair. To determine its fairness, an equal electoral environment is decisive. “In the<br />

<strong>election</strong>s process, the state has an obligation to ensure an environment <strong>of</strong> equality. In this<br />

2<br />

#1/1493 decision <strong>of</strong> December 27 th <strong>of</strong> 2012 <strong>of</strong> Constitutional Court on the case – “Political Union <strong>of</strong><br />

Citizens New Rights Party and Conservative Party <strong>of</strong> Georgia against Parliament <strong>of</strong> Georgia.”<br />

3<br />

ibid<br />

5


process, its main function is not to restrict anyone or give privileges without reasonable<br />

explanation”. 4<br />

Thus, a fair and equal electoral environment means that the state must place all electoral<br />

candidates on an equal footing. Naturally, it is impossible to achieve complete equality<br />

considering the differing administrative and financial abilities <strong>of</strong> each electoral candidate,<br />

but the state must not exert any ungrounded or unfair discrimination on top <strong>of</strong> these preexisting<br />

inequalities. Moreover, the relevant legislation must not allow such discrimination<br />

and must be applied objectively towards everyone.<br />

Considering all the abovementioned points, the goal <strong>of</strong> this research is to assess the electoral<br />

process, specificially the pre-<strong>election</strong> period, including how well the state obligation to<br />

ensure an equal electoral environment is fulfilled.<br />

Main Features <strong>of</strong> Ongoing Electoral Process in Georgia<br />

One main feature <strong>of</strong> the ongoing electoral process in Georgia is that on absolutely every level<br />

<strong>of</strong> state governance, the governing party – National Movement – dominates. Because <strong>of</strong> this,<br />

<strong>of</strong>ten it is very hard to differentiate the work <strong>of</strong> the government from the work <strong>of</strong> an<br />

electoral party prompted by electoral interests, especially in the pre-<strong>election</strong> period. This<br />

gives the impression that state bodies are involved in the pre-<strong>election</strong> battle, which<br />

negatively affects the electoral environment. “As long as there is no line between the State<br />

and the ruling party, this will continue to be a problem and lead to tension and divisions”.<br />

<strong>The</strong> work <strong>of</strong> the government during the pre-<strong>election</strong> period is entirely directed against new<br />

opposition coalition “Georgian Dream”. Since October 2011, after billionaire Bidzina<br />

Ivanishvili announced his desire to form an opposition political party, he began to have<br />

problems (losing his citizenship, refusal <strong>of</strong> return <strong>of</strong> his citizenship on unjust grounds,<br />

etc…). Later when he formed a political organization, the organization and his political<br />

4<br />

ibid<br />

6


partners started to have problems (repeated fines and confiscation <strong>of</strong> property). In this<br />

period, private persons associated with Bidzina Ivanishvili also started to have problems<br />

which were <strong>of</strong>ten created artificially.<br />

Significant changes made in the legislation on political unions <strong>of</strong> citizens and in the Criminal<br />

Code as well as the Code <strong>of</strong> Administrative Offences and the new Electoral Code (which was<br />

adopted on December 28 th 2011) in December 2011 were prompted by the formation <strong>of</strong> the<br />

new opposition coalition. <strong>The</strong>se amendments were intended to impose restrictions on the<br />

financing <strong>of</strong> electoral campaigns. Although the goal <strong>of</strong> limiting the amount <strong>of</strong> money used<br />

for political ends is legitimate in itself, the amendments caused various reactions. <strong>The</strong><br />

majority <strong>of</strong> human rights organizations in Georgia consider that these amendments are<br />

extremely strict and some restrictions and especially sanctions are inadequate. Besides,<br />

according to the same organizations, the new amendments give the government too much<br />

room for interpretation and allow them to apply the law selectively, against political groups<br />

which are seen as undesirable by those in power.<br />

<strong>The</strong> electoral process got underway along with restrictions on dissemination <strong>of</strong> information<br />

by non-governmental media outlets. In particular, non-governmental TV-channels were<br />

deprived <strong>of</strong> the right to cover the regions. Though the Georgian Parliament adopted relevant<br />

amendments to oblige cable operators to include non-governmental TV-channels in their<br />

package <strong>of</strong> services for the 2 months preceding the <strong>election</strong>s, cable operators are mainly<br />

available in the big cities <strong>of</strong> Georgia whilst in the provinces, for almost 50% <strong>of</strong> the<br />

population, the only source <strong>of</strong> alternative information remains satellite antennas.<br />

Two non-governmental TV channels decided to sell satellite antennas to people in the<br />

regions in order to enable them to receive information from both governmental and nongovernmental<br />

channels . <strong>The</strong> Office <strong>of</strong> the Prosecutor confiscated their antennas, accusing<br />

them <strong>of</strong> trying to bribe voters. Thus, the majority <strong>of</strong> the population in the regions is deprived<br />

<strong>of</strong> the possibility <strong>of</strong> receiving alternative information. All <strong>of</strong> this will negatively affect voters'<br />

7


ability to make an informed choice. Besides, the decision <strong>of</strong> state bodies to restrict the sale <strong>of</strong><br />

satellite antennas contravenes the so-called “must-carry” principle.<br />

Marked polarization, irrational hatred <strong>of</strong> political competitors and calling people with<br />

dissimilar opinions enemies <strong>of</strong> the state have become features <strong>of</strong> the pre-<strong>election</strong><br />

environment. One has the impression that the whole government, including high <strong>of</strong>ficials,<br />

are involved in a pre-<strong>election</strong> campaign which involves ungrounded politicization <strong>of</strong><br />

government bodies and their conversion into pawns in the electoral battle. Due to this,<br />

political opposition parties and voters supporting them are <strong>of</strong>ten referred to not as partners,<br />

but as electoral competitors. Such biased involvement in the electoral process has the<br />

potential to violate the utmost principle <strong>of</strong> democracy – people‟s governance – and could<br />

monopolize power in one governing party.<br />

Thus, the main feature <strong>of</strong> the pre-<strong>election</strong> environment is the use <strong>of</strong> so-called government<br />

bodies for the electoral process, thereby influencing the results <strong>of</strong> the electoral process in<br />

favor <strong>of</strong> the government and the governing party associated with it.<br />

Types <strong>of</strong> Government Resources Used in Ongoing Electoral Process<br />

When we talk about using government resources to influence the electoral process, we mean<br />

any act <strong>of</strong> government which is directly aimed at influencing the electoral process and<br />

specifically at promoting or or disadvantaging electoral candidates.<br />

Government resources are <strong>of</strong>ten defined as administrative and material resources, as outlined<br />

in the Election Code <strong>of</strong> Georgia. However, it would be preferable to talk about government<br />

resources in general and not just administrative and material resources, since government<br />

interventions can <strong>of</strong>ten have non-material form.<br />

<strong>The</strong> Georgian organic law Election Code <strong>of</strong> Georgia includes a definition <strong>of</strong> “administrative<br />

resource” in only one article, namely article 48, the title <strong>of</strong> which is “Prohibition <strong>of</strong> use <strong>of</strong><br />

administrative resources during pre-<strong>election</strong> campaign”. Thus, according to the code, use <strong>of</strong><br />

8


administrative resources is prohibited only during pre-<strong>election</strong> campaigning. <strong>Pre</strong>-<strong>election</strong><br />

campaigning (agitation) according to part I <strong>of</strong> article 45 <strong>of</strong> Election Code <strong>of</strong> Georgia “starts<br />

from the moment the <strong>election</strong> date is set.” Thus, according to the same article <strong>of</strong> the Code “<br />

electoral candidates must have equal rights according to this law”. It should also be taken<br />

into account that the Election Code stipulates that the date <strong>of</strong> <strong>election</strong>s should be set no later<br />

than two months before <strong>election</strong>s. In line with this provision, the <strong>Pre</strong>sident <strong>of</strong> Georgia set<br />

the date <strong>of</strong> the <strong>election</strong>s – October 1 st 2012 – on August 1 st 2012, so the prohibition <strong>of</strong> the use<br />

<strong>of</strong> administrative resources started from this date. It should also be taken into account that<br />

the pre-<strong>election</strong> period ends on the day <strong>of</strong> balloting. Thus, prohibition <strong>of</strong> the use <strong>of</strong><br />

administrative resources should end on the same day.<br />

According to article 48 <strong>of</strong> the Election Code <strong>of</strong> Georgia: “Any person who has the right to<br />

participate in the pre-<strong>election</strong> campaign is prohibited from using the following<br />

administrative resources to support or campaign against any electoral candidate during pre<strong>election</strong><br />

campaigning:<br />

a) Means <strong>of</strong> communication, information services and other services <strong>of</strong> bodies <strong>of</strong> state<br />

government and local government or the organizations which are financed from the state<br />

budget.<br />

b) Means <strong>of</strong> transportation belonging to state or local government bodies for free or with<br />

privileges”.<br />

According to this provision <strong>of</strong> the Code, it is prohibited 5 to use certain administrative and<br />

material resources (buildings, means <strong>of</strong> communication and transportation) in certain cases,<br />

for instance, when another electoral candidate does not have the opportunity to use the same<br />

resources. Thus, it can be said that the list <strong>of</strong> prohibited or restricted administrative resources<br />

5<br />

Regarding this, see <strong>Intermediate</strong> <strong>Report</strong> – <strong>Research</strong> <strong>of</strong> <strong>Pre</strong>-electoin <strong>Period</strong>:<br />

http://www.humanrights.ge/admin/editor/uploads/pdf/HRIDC_Election_Interim_Eng%20%283%29.pdf<br />

9


is rather short. Moreover, the conditional restriction operates only for a period <strong>of</strong> two<br />

months.<br />

Another restriction which is not mentioned in the Election Code but concerns<br />

administrative resources is related to campaign budgets and use <strong>of</strong> <strong>of</strong>ficial positions during<br />

the pre-<strong>election</strong> period (for two months). According to Article 49 <strong>of</strong> the Code, relevant<br />

government <strong>of</strong>ficials, participating in the pre-<strong>election</strong> campaign, must not involve<br />

subordinate workers in work which aids the electoral chances <strong>of</strong> a certain candidate, collect<br />

signatures or conduct pre-<strong>election</strong> campaigning on business trips financed by state<br />

government or local government<br />

or conduct pre-<strong>election</strong> campaigning while fulfilling<br />

<strong>of</strong>ficial duties. <strong>The</strong> prohibition <strong>of</strong> conducting pre-<strong>election</strong> campaigning does not apply to<br />

government <strong>of</strong>ficials holding state political positions.<br />

According to part 3, Article 49 <strong>of</strong> the Election Code, “from the day the <strong>election</strong> date is set till<br />

the day the final results are announced, it is prohibited: to undertake projects which were<br />

not previously included in the state/local budget, to increase the budget <strong>of</strong> programs which<br />

were not already included in the budget, or to initiate non-scheduled transfers or increase<br />

scheduled transfers in local government budgets. If this rule is violated, the relevant<br />

individual can address the Court and request that the accounts are blocked”. 6<br />

Considering all the above-mentioned points, it would not be expedient for the government<br />

to make use only <strong>of</strong> so-called “administrative resources” in order to influence the electoral<br />

process. <strong>The</strong> actions carried out by the government in order to directly influence the results<br />

<strong>of</strong> <strong>election</strong>s are a lot broader and not confined to the “administrative resources” foreseen by<br />

the Code. By such actions we mean any work done by a government body or its members<br />

which directly or indirectly influences the equality <strong>of</strong> the electoral contest. Obviously, this<br />

does not mean that during the pre-<strong>election</strong> period the government must stop work related to<br />

the fulfillment <strong>of</strong> its functions. It is almost always the case, in democratic states, that one or<br />

6<br />

Ibid<br />

10


several political bodies (party or coalition) remains in power in the run-up to <strong>election</strong>s.<br />

However, this work should not turn government institutions into players in an electoral<br />

battle which can put the pre-<strong>election</strong> environment <strong>of</strong>f-balance.<br />

As a result <strong>of</strong> our observation <strong>of</strong> the pre-<strong>election</strong> process ongoing in Georgia, we can list the<br />

following forms <strong>of</strong> administrative resources:<br />

1. Legislative Resources – when government uses its legislative authorities to grant electoral<br />

advantages to a certain political group or on the contrary, to put certain political groups at a<br />

disadvantage.<br />

2. Regulatory (governing) resources – use <strong>of</strong> government authorities for electoral aims.<br />

3. Law-enforcement resources – when relevant law-enforcement or supervisory bodies are<br />

used to directly or indirectly influence the results <strong>of</strong> <strong>election</strong>s.<br />

4. Financial Resources – when money from the state budget is used for the benefit <strong>of</strong> one <strong>of</strong><br />

the electoral candidates<br />

5. Media Resources – when government-controlled media outlets are misused.<br />

Concrete cases <strong>of</strong> the use <strong>of</strong> government resources will be discussed in the next chapter.<br />

Moreover, the separate and combined effect on a fair and equal <strong>election</strong> environment will be<br />

assessed.<br />

Use <strong>of</strong> Legislative Resources by Government<br />

<strong>The</strong> main characteristic <strong>of</strong> a democratically-organized society is that the s<strong>election</strong> <strong>of</strong> the<br />

supreme institutions <strong>of</strong> government occurs via <strong>election</strong>s. In order to declare the <strong>election</strong>s<br />

democratic, first <strong>of</strong> all, there must be an <strong>election</strong> law which ensures free and fair <strong>election</strong>s in<br />

the country. At the same time, good <strong>election</strong> laws are not enough alone to ensure fair<br />

11


<strong>election</strong>s. <strong>The</strong> application <strong>of</strong> this law by the responsible administrative bodies is also<br />

important.<br />

<strong>The</strong> basis for Georgian <strong>election</strong> legislation includes the Constitution <strong>of</strong> Georgia (1995),<br />

Election Code <strong>of</strong> Georgia (organic law <strong>of</strong> Georgia adopted on December 27, 2011; went into<br />

force on January 10, 2012), organic law <strong>of</strong> Georgia on Political Unions <strong>of</strong> Citizens, Criminal<br />

Code <strong>of</strong> Georgia, Administrative Code and the legal acts <strong>of</strong> the <strong>election</strong> administration.<br />

It is noteworthy that the ruling party – United National Movement – has an absolute<br />

majority in the Parliament <strong>of</strong> Georgia. It is entirely possible for them to adopt relevant laws<br />

and initiate constitutional amendments in the parliament in line with the concrete interests<br />

<strong>of</strong> the party.<br />

For example, 9 months before the parliamentary <strong>election</strong>s, the Georgian Parliament adopted<br />

a new organic law on the Election Code <strong>of</strong> Georgia at its third hearing and introduced<br />

relevant amendments to the organic law <strong>of</strong> Georgia on Political Unions <strong>of</strong> Citizens and to the<br />

Criminal Code <strong>of</strong> Georgia with regard to restrictions <strong>of</strong> party funding and vote-buying issues.<br />

It is worth noting that before the draft <strong>election</strong> code was drawn up, 8 main opposition<br />

political parties (the so-called Opposition Eight) declared a desire to participate in the<br />

formulation <strong>of</strong> the new <strong>election</strong> law through dialogue with the government. In the first<br />

stages, some progress was achieved in this direction but in the end no large-scale political<br />

agreement on the <strong>election</strong> system was achieved and the so-called Opposition Eight fell apart.<br />

<strong>The</strong> ruling party had the advantage in these negotiations; if consensus was not achieved, they<br />

had the authority to pass a legislative decision, so achieving consensus relied on their<br />

goodwill. So, in December 2011 the Parliament <strong>of</strong> Georgia adopted the law without<br />

widespread political agreement. 7<br />

7<br />

you can find main gaps in the <strong>election</strong> code <strong>of</strong> Georgia in the <strong>Intermediate</strong> <strong>Report</strong> <strong>Research</strong> <strong>of</strong> <strong>Pre</strong>-Election <strong>Period</strong> on the following<br />

link: http://www.humanrights.ge/admin/editor/uploads/pdf/HRIDC_Election_Interim_Eng%20(3).pdf<br />

12


On December 27 2011, nine months before the parliamentary <strong>election</strong>s, the Parliament <strong>of</strong><br />

Georgia passed relevant legislative additions and amendments to the organic law on Political<br />

Unions <strong>of</strong> Citizens. According to these amendments, special, strict regulations were<br />

introduced for the funding <strong>of</strong> political parties. 8<br />

<strong>The</strong>re was a well-grounded assumption that those amendments were caused by the<br />

appearance <strong>of</strong> the opposition coalition Georgian Dream. It is significant that billionaire<br />

Bidzina Ivanishvili is leader <strong>of</strong> the coalition and potentially his political party has strong<br />

financial support.<br />

It should be taken into consideration that unlike the <strong>election</strong> code, the draft law on the<br />

funding <strong>of</strong> political parties was not discussed by the Venice Commission (commission <strong>of</strong> the<br />

Council <strong>of</strong> Europe “Democracy through Justice). Of course, the government is not obliged to<br />

send the draft-law to the Venice Commission for expertise but it is noteworthy that when<br />

significant legislative amendments are drafted, in accordance with established practice, the<br />

government usually cooperates with this body. New regulations on party funding made<br />

funding procedures more complicated, restricted the circle <strong>of</strong> party donors (namely, legal<br />

persons were removed from the list) and sanctions for the violation <strong>of</strong> these rules were made<br />

more severe. According to the amended law, the State Audit Office <strong>of</strong> Georgia (formerly<br />

Chamber <strong>of</strong> Control) was put in charge <strong>of</strong> controlling party funding instead <strong>of</strong> the CEC,<br />

which is a collegiate body with representatives <strong>of</strong> both opposition political parties and the<br />

ruling party. <strong>The</strong> State Audit Office is a more centralized body and its head is selected by the<br />

parliament where the ruling party has a majority.<br />

In accordance with the amendments to the organic law on Political Unions <strong>of</strong> Citizens<br />

introduced on December 27 2011, which set strict restrictions on funding <strong>of</strong> parties, SAO<br />

8<br />

<strong>Human</strong> Rights Center’s <strong>Intermediate</strong> <strong>Report</strong> on <strong>Research</strong> <strong>of</strong> <strong>Pre</strong>-Election <strong>Period</strong><br />

http://www.humanrights.ge/admin/editor/uploads/pdf/HRIDC_Election_Interim_Eng%20(3).pdf<br />

13


was put in charge <strong>of</strong> controlling party funding (in accordance with the 2012 Constitutional<br />

amendments, former Chamber <strong>of</strong> Control was renamed the State Audit Office).<br />

<strong>The</strong> main functions <strong>of</strong> the former Chamber <strong>of</strong> Control were regulated by Article 97 <strong>of</strong> the<br />

Constitution <strong>of</strong> Georgia. <strong>The</strong> initial version <strong>of</strong> this article stated that “<strong>The</strong> Chamber <strong>of</strong><br />

Control <strong>of</strong> Georgia shall supervise the use and expenditure <strong>of</strong> state funds and <strong>of</strong> other<br />

material goods. It shall also be authorized to examine the activities <strong>of</strong> other state bodies <strong>of</strong><br />

fiscal and economic control and submit proposals on improving tax legislation to the<br />

Parliament.” <strong>The</strong>se functions and the name <strong>of</strong> the former Chamber <strong>of</strong> Control were changed<br />

by the constitutional amendments <strong>of</strong> May 22, 2012. According to the new amendments and<br />

additions to the Constitution, the State Audit Office shall supervise the use and expenditure<br />

<strong>of</strong> public funds and other material goods – that is, including the non-state expenditure <strong>of</strong><br />

political parties; although this institution already supervised the expenditure <strong>of</strong> political<br />

parties in accordance with the amendments introduced on December 27, 2011 to the Law <strong>of</strong><br />

Georgia on Political Parties. We can assert that from December 27 2011 to May 22 2012, the<br />

Chamber <strong>of</strong> Control carried out activities beyond its realm <strong>of</strong> competency as defined by the<br />

Constitution. We believe this fact can be considered as a significant violation <strong>of</strong> the<br />

Constitution and it must be studied in detail in view <strong>of</strong> the constitutionality and the legal<br />

impact <strong>of</strong> those violations. We can only assume why the Georgian legislative body failed to<br />

respect such an important constitutional amendment in addition to the principle <strong>of</strong> the rule<br />

<strong>of</strong> law. However, we should underline one important fact – unlike in organic law, more<br />

complex and lengthy legislative procedures are required to amend the constitution.<br />

Moreover, any draft constitutional amendment must be publicly discussed for at least one<br />

month. So, unlike in organic law, it is impossible to introduce any amendments to the<br />

Constitution in a limited time-frame.<br />

<strong>The</strong> particular procedures around discussing and passing constitutional amendments stem<br />

from the rule <strong>of</strong> law principle which states that when adopting any law (particularly<br />

14


amendments to the Constitution) special procedures must be respected, which are mentioned<br />

in the report approved by the Venice Commission on April 4, 2011. 9<br />

So, we can assume that the government made negative use <strong>of</strong> some legislative resources<br />

before the <strong>election</strong>s. Some more legislative amendments were adopted using the same<br />

method and were used for a particular purpose, as happened in the case <strong>of</strong> Bidzina<br />

Ivanishvili's Cartu Bank , which was fined 200 million lari. 10<br />

Use <strong>of</strong> Law Enforcement, Supervisory and Regulatory (Ruling) Resources <strong>of</strong> the Government<br />

During the entire pre-<strong>election</strong> period, many incidents were observed when supervisory and<br />

law enforcement institutions <strong>of</strong> the government exerted a direct influence on voters, <strong>election</strong><br />

candidates and their activists. <strong>The</strong> following state institutions were particularly active in this<br />

regard: law enforcement bodies (mostly police and special units <strong>of</strong> the MIA), judiciary bodies<br />

(which consistently accepted solicitations <strong>of</strong> police, prosecutor‟s <strong>of</strong>fice and other supervisory<br />

bodies to detain politically active people, to impose administrative imprisonment on them,<br />

etc), State Audit Office, employees <strong>of</strong> central or local governmental bodies and their family<br />

members.<br />

Below are listed concrete activities <strong>of</strong> the relevant government institutions in August-<br />

September 2012 which directly or indirectly contributed to an unequal pre-<strong>election</strong><br />

environment.<br />

Illegal Interference in Journalistic Activities<br />

1. On July 26th <strong>of</strong> 2012 Georgian Media Legal Defense Center published a statement and<br />

reacted to the recent facts <strong>of</strong> interference with pr<strong>of</strong>essional work <strong>of</strong> journalists. See<br />

the original text <strong>of</strong> the statement:<br />

9<br />

http://www.venice.coe.int/docs/2011/CDL-AD(2011)003rev-e.pdf<br />

10<br />

http://www.humanrights.ge/index.php?a=main&pid=14108&lang=eng<br />

15


“<strong>The</strong> Georgian Media Legal Defense Center (GMLDC) reacts to the recent facts <strong>of</strong><br />

interference with pr<strong>of</strong>essional work <strong>of</strong> journalists.<br />

On July 22, 2012, men dressed in civilian uniforms did not allow journalists <strong>of</strong> Info 9,<br />

who had arrived in the village <strong>of</strong> Shaumani to report on local problems, to interview<br />

local population.<br />

According to media reports, during the visit <strong>of</strong> <strong>Pre</strong>sident Saakshvili in the village <strong>of</strong><br />

Kheta, Khobi District, on July 25, 2012, journalists were not allowed to cover the<br />

event.<br />

On July 24, 2012, in Ozurgeti, journalists <strong>of</strong> the newspaper Guria News were not<br />

allowed to cover visit <strong>of</strong> the president in Guria. As men dressed in civilian uniforms<br />

explained to journalists, they were on a secured territory, whereas video footage<br />

illustrates that movement was not restricted for security reasons. Even if it had been,<br />

the restriction clearly did not apply to journalists since other media outlets covered<br />

the event. As representatives <strong>of</strong> Guria News allege, they deleted video materials that<br />

journalists had recorded. 11<br />

2. On July 27th <strong>of</strong> 2012 GYLA’s Georgian Media Legal Defense Center released<br />

statement responding to pressure on journalist Nodar Chachua <strong>of</strong> Channel 9 TV<br />

Company. See the original text <strong>of</strong> the statement:<br />

“GYLA‟s Georgian Media Legal Defense Center (GMLDC) responds to pressure on<br />

journalist Nodar Chachua <strong>of</strong> Channel 9 TV Company. According to the journalist, he<br />

was blackmailed by three unknown individuals, forcing him to provide information<br />

and in return, they promised financial reward.<br />

As stated by Nodar Chachua, the unknown individuals were demanding information<br />

about situation in the television company. <strong>The</strong>y were also forcing him to engage in a<br />

11 http://www.humanrights.ge/index.php?a=main&pid=15266&lang=geo<br />

16


sexual activity with a male employee <strong>of</strong> Channel 9. He also alleges that these<br />

individuals identified themselves as representatives <strong>of</strong> some “service”, who “take care<br />

<strong>of</strong> problems but also create big problems.”<br />

<strong>The</strong> journalist was able to state information that could help identify the individuals –<br />

a telephone number <strong>of</strong> calls that he received as well as a license plate and series <strong>of</strong> the<br />

vehicle that they drove.<br />

<strong>The</strong> GMLDC believes that the incident contains signs <strong>of</strong> <strong>of</strong>fence envisaged by the<br />

Criminal Code. <strong>The</strong>refore, it calls for a timely and immediate response in order to<br />

ensure personal safety <strong>of</strong> journalists and prevent <strong>of</strong> any similar facts in the future.<br />

Furthermore, this is not the first case <strong>of</strong> harassment <strong>of</strong> journalists and interference<br />

with their pr<strong>of</strong>essional activities. GYLA calls on the law enforcement authorities once<br />

more to take operative and adequate further actions, to investigate into cases <strong>of</strong><br />

harassment <strong>of</strong> journalists in a timely manner and prosecute those responsible for<br />

criminal actions following the investigation.” 12<br />

3. On July 30 Public Defender Giorgi Tugushi petitioned to the Chief Prosecutor <strong>of</strong><br />

Georgia to launch investigation into threats leveled against journalist Nodar Chachua <strong>of</strong> TV 9.<br />

With this statement Public Defender responded to the July 27 reports released by media<br />

outlets 13 featuring Nodar Chachua speaking about threats against him.<br />

“<strong>The</strong> Public Defender believes that explanatory note delivered from Nodar Chachua contains<br />

the signs <strong>of</strong> crime punishable by the Criminal Code <strong>of</strong> Georgia and, accordingly, it is within<br />

the competence <strong>of</strong> the investigatory bodies to study the aforementioned fact and respond in<br />

an appropriate manner,” the statement by Public Defender reads. 14<br />

4. Journalist Tea Alaverdasvhili <strong>of</strong> Info 9 was injured in Gurjaani district<br />

administration‟s building. Journalist was trying to enter reception-room <strong>of</strong> the<br />

12 http://www.humanrights.ge/index.php?a=main&pid=15264&lang=geo<br />

13 http://www.media.ge/stories/metskhrearkhiszhurnali<br />

14 http://humanrights.ge/index.php?a=main&pid=15260&lang=geo<br />

17


governor to record an incident when police <strong>of</strong>ficer closed the door and injured fingers<br />

<strong>of</strong> the journalist‟s right hand.<br />

Journalist felt bad. Medical emergency brigade sent her to the medical clinic for<br />

examination. One <strong>of</strong> the finger bones is cracked and three <strong>of</strong> them are swollen.<br />

Traumatologist prescribed medicines to her.<br />

Today an incident happened in Gurjaani district administration‟s building. Georgian<br />

Dream‟s members tried to resolve the problem <strong>of</strong> a victimized citizen with deputy<br />

governor and it finished with controversy. District administration employees called<br />

police. 15<br />

5. At 7:00 pm on August 15, Davit Chavleishvili, cameraman <strong>of</strong> Info 9 in Lanchkhuti<br />

district, was beaten when performing his pr<strong>of</strong>essional activities in front <strong>of</strong> a mini-bus<br />

near Lanchkuti municipal building.<br />

Journalist Nino Kheladze <strong>of</strong> INFO 9 told <strong>Human</strong>rights.ge that on that day public<br />

servants and teachers were taken to Batumi concert by mini- bus: “According to our<br />

information, they were taken to see Veris Ubnis Melodiebi (Melodies from Vera<br />

District/ remake <strong>of</strong> a famous Georgian movie). We were video-recording this fact<br />

when the incident occurred. Lanchkuti police is investigating the case. Certain Zurab<br />

Kvirkvelia beat Dato but, I don‟t know yet who he is”. 16<br />

6. On August 18 <strong>Pre</strong>sident Mikheil Saakashvili visited two villages, Shukuta and Chibat,<br />

in Lanchkuti district. Local journalists were unable to record this meeting.<br />

Lali Imedaishvili head <strong>of</strong> Guria News bureau in Lanchkuti said to <strong>Human</strong>rights.ge<br />

that Saakashvili met people in the yard <strong>of</strong> a public school in Shukuti. <strong>The</strong>y did not<br />

allow me to enter with a photo camera but I managed to enter the meeting with a<br />

recorder so I could record the president‟s speech. My operator, Nodar Minadze, was<br />

15 http://www.humanrights.ge/index.php?a=main&pid=15354&lang=geo<br />

16 http://humanrights.ge/index.php?a=main&pid=15346&lang=geo<br />

18


standing away from the perimeter in front <strong>of</strong> an administrative building <strong>of</strong> Shukuti<br />

and was recording. As Nodar said, they hindered him from taking video.<br />

Nodar Minadze: “I was standing in front <strong>of</strong> the Shukuti administration building on an<br />

elevated place and taking a video. During this time a person dressed as a citizen came<br />

to me and dragged me from the elevated place. He said that taking videos was<br />

forbidden for me. I did not follow him. He said that I was out <strong>of</strong> mind and tried to<br />

grab my camera. He took me to the school yard and grabbed my camera. I asked him<br />

not to take my camera and in return for deleting video I took. He watched me delete<br />

the video. <strong>The</strong>n he left me alone.<br />

According to <strong>Human</strong>rights.ge, Natia Bandzeladze contacted Guria News and informed<br />

them that president‟s press service did not hinder them. Lali Imedashvili says that<br />

<strong>Pre</strong>sident‟s security also contacted them and promised to recover the memory card.<br />

Several days ago <strong>Human</strong>rights.ge wrote how an Info-9 journalist from Lanchkuti was<br />

hindered while doing his pr<strong>of</strong>essional work. Zurab Kvirkvelia, husband <strong>of</strong> Nato<br />

Nucubidze who is a secretary <strong>of</strong> governor Davit Chavleishvili, physically touched him<br />

resulting in an injury. By recent information, Zurab Kvirkvelia was arrested for 20<br />

days via administrative code. 17<br />

7. On August 6 an incident occurred in the village Chantliskure <strong>of</strong> Kvareli district.<br />

Georgian Dream‟s majoritarian candidate Davit Kevkhisvili was holding meeting in<br />

the village populated with ethnic minorities; the National Movement‟s supporters<br />

joined the meeting and asked the agency Info-9 journalists to stop reporting.<br />

“I came, I love Georgia, and I am Mikheil Saakashvili‟s woman. <strong>The</strong> whole village<br />

should vote for Mikheil Saakashvili. Everyone who is here should vote for him. If<br />

they do not I will learn about them and make a list <strong>of</strong> those people and then they will<br />

see”, said a female supporter <strong>of</strong> the ruling party who was dressed in a National<br />

Movement t-shirt. Afterwards, she asked Info-9 Journalist Nino Khucishvili to stop<br />

17 http://www.humanrights.ge/index.php?a=main&pid=15358&lang=geo<br />

19


eporting. “Everything is over, close that, stop talking” the woman said. Her friend<br />

also tried to hinder journalist‟s activities by putting hands on the camera-lens. 18<br />

8. On August 2, a National Movement activist physically and verbally assaulted<br />

information agency Info-9 journalist, Sulkhan Meskhidze, in Khulo district. As<br />

Meskhidze states, he heard from a local resident that the activist‟s name is Mamuli<br />

Mgeladze. Mgeladze works in a hotel that belongs to the vice speaker <strong>of</strong> the Georgian<br />

parliament Anzor Bolkvadze.<br />

As the journalist states, Mgeladze was dressed in a t-shirt with the slogan “I Love<br />

Georgia”. He assaulted the journalist and tried to disrupt an opposition meeting.<br />

“<strong>The</strong> incident happened near Khulo municipality building when I was covering<br />

Georgian Dream‟s meeting with voters. 10 young people came dressed in red t-shirts.<br />

<strong>The</strong>y were shouting “I Love Georgia” and tried to disrupt the meeting. I went to the<br />

person who was shouting the loudest and started asking questions. He hit the<br />

microphone several times and then assaulted me both physically and verbally”,<br />

Meskhidze said.<br />

Sulkhan Meskhidze states that even though the incident was going on near the<br />

municipality building where police <strong>of</strong>fice is located, they did not respond to the<br />

incident. 19<br />

9. Activist <strong>of</strong> the United National Movement‟s Gurjaani <strong>of</strong>fice Guram Gurgenishvili<br />

physically assaulted journalist Natalia Sarkisashvili <strong>of</strong> the Information Center <strong>of</strong><br />

Kakheti when she was performing pr<strong>of</strong>essional activities; he hindered his work and<br />

seized video-camera.<br />

Journalist was video-recording citizens victimized by natural disaster in Velistsikhe<br />

village who complained about the government. National Movement‟s activist<br />

approached the journalist at that time and put hand on her camera. <strong>The</strong> journalist<br />

called upon him to stop interference in her pr<strong>of</strong>essional activities and continued<br />

18 http://www.humanrights.ge/index.php?a=main&pid=15281&lang=geo<br />

19 http://www.humanrights.ge/index.php?a=main&pid=15280&lang=geo<br />

20


shooting the incident; suddenly the activist <strong>of</strong> the ruling party twisted the hand <strong>of</strong> the<br />

journalist and seized camera. Natalia Sarkisashvili tried to get back the camera but the<br />

activist hit her several times; the journalist was not seriously injured during the<br />

incident.<br />

According to the ICK, Guram Gurgenishvili works at a budget funded organization.<br />

Giorgi Botkoveli, coordinator <strong>of</strong> the National Movement‟s Kakheti regional <strong>of</strong>fice,<br />

said their activist would not have interfered in the journalist‟s activist. “I do not know<br />

what happened; but I definitely know that our activist would never have interfered in<br />

the pr<strong>of</strong>essional activities <strong>of</strong> a journalist. Maybe the incident really happened, but he<br />

was not our activist,” Botkoveli said. 20<br />

10. In Akhmeta on the night <strong>of</strong> August 22, Studio GNS journalists Vasil Dabrundashvili<br />

and Bacho Buliskeria were beaten by people connected with Gia Lortkipanidze,<br />

assistant <strong>of</strong> Ministry <strong>of</strong> Internal Affairs, and his brother Davit, the head <strong>of</strong> the<br />

Constitutional Security Department (CSD) in Khaketi region.<br />

<strong>The</strong> journalists, from the Nana Lejava program Weekly <strong>Report</strong>, were trying to prepare<br />

a report on the issue <strong>of</strong> illegal deforestation and illegal sawmills in Akhmeta. Osiko<br />

and Nodar Chichiashvili, father and son, who own one <strong>of</strong> the sawmills physically<br />

assaulted the journalists. According to Vasil Dabrundashvili, they were assaulted<br />

when they were trying to record the area around the sawmill and illegally cut down<br />

trees. 21<br />

Motivated Oppressions where governmental Officials directly patipicipated<br />

1. On July 30th Georgian Young Lawyers Association (GYLA) released statement<br />

regarding the confiscation <strong>of</strong> property <strong>of</strong> 15 bank accounts <strong>of</strong> members <strong>of</strong> the<br />

20 http://humanrights.ge/index.php?a=main&pid=15344&lang=eng<br />

21 http://humanrights.ge/index.php?a=main&pid=15410&lang=geo<br />

21


Georgian Dream‟s Lanchkhuti <strong>of</strong>fice and 15 participants <strong>of</strong> the door-to-door project<br />

on July 26-27th. See the original text <strong>of</strong> the statement:<br />

“According to the July 26-27 media reports, 15 bank accounts <strong>of</strong> members <strong>of</strong> the<br />

Georgian Dream‟s Lanchkhuti <strong>of</strong>fice and 15 participants <strong>of</strong> the door-to-door project<br />

were impounded. Furthermore, according to the information that we have, bank<br />

accounts <strong>of</strong> 4 activists <strong>of</strong> the Georgian Dream in Zugdidi were also impounded.<br />

As <strong>of</strong> now, owners <strong>of</strong> the bank accounts are unaware <strong>of</strong> grounds <strong>of</strong> impoundment,<br />

substantiation and evidence. <strong>The</strong>y also explain that they have not received any<br />

corresponding decision. Thus, they currently lack opportunity to take any further<br />

legal actions. Georgian legislation recognizes several forms <strong>of</strong> impoundment that fall<br />

under the scope <strong>of</strong> different scopes <strong>of</strong> regulation. For instance, decision on<br />

impounding delivered on the basis <strong>of</strong> the Criminal Procedure Code can be appealed<br />

within only 48 hours, which further increases the importance <strong>of</strong> submitting the<br />

importance to interested parties in a timely manner. Currently we are unaware <strong>of</strong> the<br />

type <strong>of</strong> impounding applied, the case in relation to which it has been applied and<br />

corresponding legal grounds. Although impounding <strong>of</strong> bank accounts <strong>of</strong> the Georgian<br />

Dream‟s activists has been large-scale, as confirmed by media reports, currently none<br />

<strong>of</strong> the agencies have <strong>of</strong>fered <strong>of</strong>ficial statement to explain the ongoing developments. 22<br />

2. Georgian Dream member Akaki Taliashvili, inhabitant <strong>of</strong> Anaga village in<br />

Sighnaghi district, blames Giorgi Begiashvili, policeman <strong>of</strong> Tsnori department <strong>of</strong><br />

Sighnaghi, for threatening.<br />

“District attorney Giorgi Begiashvili came and ordered me to leave Georgian Dream<br />

and the people connected with Ivanishvili. He asked me to leave the party, or they<br />

would blame me and I would get in trouble. I asked what they were blaming me for<br />

and Begiashvili told me that wheat and flour were lost in the mill and if I did not<br />

22 http://www.humanrights.ge/index.php?a=main&pid=15265&lang=geo<br />

22


leave the party in time they would create problems for me”, Akaki Taliashvili told the<br />

Information Centre <strong>of</strong> Kakheti.<br />

<strong>The</strong>y threatened to arrest Shalva Mosashvili, inhabitant <strong>of</strong> Vakiri village, because his<br />

wife Nana Mosashvili co-operates with the coalition Georgian Dream. According to<br />

Shalva Mosashvili, they threatened him based on the instruction <strong>of</strong> Nugzar<br />

Abulashvili-Sighnaghi district majoritarian candidate <strong>of</strong> the ruling party.<br />

“My wife Nana Mosashvili began to work with Georgian Dream in the Kardakari<br />

(“door-to door”) program several days ago. Three days later, they sent people to me<br />

and suggested to take my wife away from the coalition Georgian Dream but I refused.<br />

<strong>The</strong>n they sent a couple more men and threatened to arrest me. Two <strong>of</strong> them told me<br />

that it was Nugzar Abulashvili‟s order to stop resisting”, Shalva Mosashvili stated.<br />

<strong>The</strong> Information Centre <strong>of</strong> Kakheti could not contact policeman Giorgi Begiashvili.<br />

Majoritarian candidate Nugzar Abulashvili stated that he did not know anything<br />

about threats made to Shalva Mosashvili. ”I am not interested in it and I am not well<br />

informed about it. Go and ask those who told you about this”, Nugzar Abulashvili told<br />

the Information Centre <strong>of</strong> Kakheti. 23<br />

3. Giorgi Mosiashvili, head <strong>of</strong> Kakheti regional <strong>of</strong>fice <strong>of</strong> the political party Free<br />

Georgia, had his property sequestered because <strong>of</strong> unpaid fine. Mosiashvili told ICK<br />

that his fine was increased from 125 070 lari up to 134 025 lari together with<br />

property sequestration.<br />

“July 21 was deadline to pay fine but I did not pay it and they sequestered my<br />

property – everything that was registered on my name including bank accounts.<br />

Besides that they increased my fine up to 134 025 lari but I am still not going to<br />

pay the fine. We have appealed the verdict <strong>of</strong> the Tbilisi City Court at the Tbilisi<br />

23 http://www.humanrights.ge/index.php?a=main&pid=15261&lang=geo<br />

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Appeal Court but the latter did not change the initial verdict. So, now we are<br />

collecting materials and intend to appeal to the Strasbourg Court,” Giorgi<br />

Mosiashvili told ICK.<br />

On July 8, Tbilisi City Court found 17 citizens guilty in having illegally donated to<br />

political parties and fined them with five fold amount <strong>of</strong> the donation. 24<br />

4. Several citizens, who met and shook hands with Bidzina Ivanishvili in Chargali<br />

village, Dusheti district on July 14, were summoned to Zhinvali police.<br />

“It was Vazhaoba holiday dedicated to famous Georgian poet Vazha Pshavela] on July 14<br />

and Bidzina Ivanishvili arrived here. I live in Chargali and it was interesting for me to<br />

meet him. He shook hands with several people and greeted us. I attended the<br />

ceremonies and then returned home. A police <strong>of</strong>ficer visited me at home 4 days later and<br />

said I was summoned to police. Last week I went there and they asked the reason <strong>of</strong> my<br />

presence at the meeting. People in police uniforms, who did not introduce themselves,<br />

talked rudely with me. <strong>The</strong>y warned me against going to the place where Ivanishvili<br />

arrives or I and my son could face problems; we would be arrested and even pleaagreement<br />

would not help us to leave prison,” a man from Chargali village told ICMM.<br />

His family members also confirmed information about police <strong>of</strong>ficer‟s visit in their house<br />

and his summoning to police station.<br />

ICMM got in touch with the Zhinvali police <strong>of</strong>fice but nobody commented on the fact<br />

there.<br />

Before that, supporters <strong>of</strong> the coalition Georgian Dream were also summoned to the<br />

police, who had participated in the assembly in Mtskheta on July 1. Head <strong>of</strong> Georgian<br />

Dream‟s Dusheti district <strong>of</strong>fice Dodo Chokheili reported that director <strong>of</strong> Kvesheti public<br />

24 http://www.humanrights.ge/index.php?a=main&pid=15257&lang=geo<br />

24


school Kamila Khevsurishvili threatened coalition supporters to expel their children<br />

from school. 25<br />

5. According to Betkil Shukvani, he decided to leave the Olympic village and return to<br />

Georgia after a drunken Gia Udesiani requested to meet him. As Shukvani stated at a<br />

press conference on July 1 in Georgian Dream‟s <strong>of</strong>fice, he encountered problems after<br />

publicly endorsing Bidzina Ivanishvili.<br />

“It was already decided that I was going to the Olympics, so they couldn‟t do anything to<br />

replace me. On July 22 I met Bidzina Ivanishvili, posed for photos and said that I was<br />

standing with him and sympathized with his cause,” the judoka said.<br />

Information about their meeting was spread and, Shukvini said, at the airport, Georgian<br />

delegation members verbally abused him.<br />

“It was hard on me mentally. I tried to be mentally strong, I was in perfect shape,”<br />

Shukvani said.<br />

<strong>The</strong> judoka also talked about the Olympic Games, how in twelve years <strong>of</strong> competing he<br />

had never seen such poor referees. Shukvani claims that he asked sport minister Lado<br />

Vardzelashvili to react against the referees, but the minister didn‟t answer him. 26<br />

6. Tbilisi City Court is discussing the case <strong>of</strong> Melik Raisian, a member <strong>of</strong> the Georgian<br />

Dream. He is charged for swindle.<br />

A leader <strong>of</strong> the Georgian Dream Sozar Subari attended the process. He said the case is<br />

about an incident that occurred in Akhalkalaki in 2006. Subari clarified that Malvina<br />

Mataridze, a victimized person according to case materials, alleges that Raisian had<br />

extorted 38 000 lari from her in exchange <strong>of</strong> protecting her company.<br />

25 http://www.humanrights.ge/index.php?a=main&pid=15256&lang=geo<br />

26 http://www.humanrights.ge/index.php?a=main&pid=15271&lang=geo<br />

25


Subari believes Raisian is a victim <strong>of</strong> political persecution. He said Malvina Mataridze<br />

filed complaint against Raisian on May 25, 2012 after he publicly declared his support for<br />

the Georgian Dream.<br />

Sozar Subari supposes that court will judge sought Raisian in his absence in order to<br />

prevent him from taking part in the parliamentary <strong>election</strong>s as a candidate <strong>of</strong> the<br />

Georgian Dream. Sozar Subari said the process was scheduled in September but the Court<br />

decided to discuss it in August in a hurry. 27<br />

7. Law enforcement <strong>of</strong>ficers detained Giorgi Chincharauli, 30, activist <strong>of</strong> the Georgian<br />

Dream in Dedoplistskaro.<br />

Head <strong>of</strong> Georgian Dream‟s Dedoplistskaro district <strong>of</strong>fice Lekso Tamazashvili told ICK that<br />

police <strong>of</strong>ficers put Giorgi Chincharauli into the car without any explanations and took<br />

him to temporary detention setting in Signagi.<br />

“Giorgi Chincharauli is our activist. Today, he went to Dedoplistskaro from Gamarjveba<br />

village and police <strong>of</strong>ficers were waiting for him at the mini-bus. <strong>The</strong> witnesses say the<br />

police <strong>of</strong>ficers demanded him to get into the police car without explanation <strong>of</strong> the reason.<br />

He got into the car and police <strong>of</strong>ficers took him to Signagi temporary detention setting.<br />

<strong>The</strong> law enforcement <strong>of</strong>ficers allege Giorgi did not obey their orders and cursed them. So,<br />

they requested 90-day imprisonment for disobedience and verbal assault but our lawyer<br />

timely took up his case and Giorgi escaped imprisonment; they imposed 400 lari fine on<br />

him. He claims there was no controversy between him and police <strong>of</strong>ficers; they just asked<br />

him to get into the car,” Lekso Tamazashvili told ICK. 28<br />

8. <strong>The</strong> property and accounts <strong>of</strong> Cartu Bank‟s eight employees and the bank president<br />

Nodar Javakhisvili are sequestrated; allegedly they are donors <strong>of</strong> the coalition Georgian<br />

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Dream. Nodar Javakhishvili told Interpressnews about it and added that the decision was<br />

unprecedented and politically motivated.<br />

As Javakhishvili said, although he and his colleagues went to the State Audit Office with<br />

<strong>of</strong>ficial documents auditors did not take them into consideration.<br />

“I want to underscore the case <strong>of</strong> my colleague Irakli Meraia - he transferred money to<br />

the party‟s account three times: 100 lari, 200 lari and 33 thousand lari. It turned out that<br />

he could not clarify any <strong>of</strong> these transfers. Mogeladze could get suspicious about the<br />

transfer <strong>of</strong> 33 thousand lari but there was nothing strange if a man, who has salary <strong>of</strong><br />

over 4 000 lari, donated 100 lari to the political party NodarJavakhishvili said.<br />

According to Nodar Javakhishvili, he was at the State Audit Office on August 8 and<br />

presented documents to prove that he had transferred compensation <strong>of</strong> 17 000 lari to the<br />

Georgian Dream which had received as a compensation for having been fired from the<br />

position <strong>of</strong> Bank‟s president.<br />

“I presented the document with the signature <strong>of</strong> Vladimer Ugulava – temporary manager<br />

<strong>of</strong> the Bank at. So, I do not know what is obscure in this transfer”, - Nodar Javakhishvili<br />

said.<br />

Javakhishvili added that the bank employees also contributed their compensations to the<br />

party. He said that the trial on this issue will be held at 10:00 am tomorrow.<br />

“We were summoned to the court. I am sure they will fine us with five hold <strong>of</strong> our<br />

donation - 1 100 000 lari and they will sell our property by public auction”, Nodar<br />

Javakhishvili said. 29<br />

9. On august 9 <strong>of</strong> 2012 Davit Beridze, resident <strong>of</strong> Atskuri Akhaltsikhe district, was<br />

arrested for not drinking a toast made to Mikheil Saakashvili.<br />

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This fact was confirmed to Iverioni by Georgian Dream‟s Akhaltsikhe and Aspindza <strong>of</strong>fice<br />

representatives. According to them, George Beridze was at a neighbor‟s birthday party where<br />

one <strong>of</strong> the activists <strong>of</strong> the National Movement was present. He was one who <strong>of</strong>fered a toast<br />

for the president.<br />

“Nobody really liked Saakashvili at the table except the activist but everyone was afraid so<br />

they drank this toast. But George Beridze didn‟t agree and he said that he would not toast for<br />

a person who destroyed his country. <strong>The</strong> next day Beridze was arrested and for 2 days and 2<br />

nights he was in the Atskuri police station.” – said to Iverioni to Georgian Dream Akhaltsike<br />

<strong>of</strong>fice representatives.<br />

Georgian Dream says that according to the information they collected, there was no physical<br />

abuse. <strong>The</strong>y did not release him until they made him drink a toast to the president five times<br />

with different drinking vessels.<br />

<strong>The</strong>y made him drink five times because the number five is the National Movement <strong>election</strong><br />

number. <strong>The</strong>y were laughing at Beridze” – said Georgian Dream.<br />

George Beridze does not belong to any opposition political party and he is apolitical. He and<br />

his family practice agriculture. 30<br />

10. Census <strong>of</strong> Georgian Dream‟s activists might start in Vani district. Georgian Dream‟s<br />

member Davit Sharashenidze from Chkvishi village blames district police inspector Otar<br />

Beltadze in his threatening.<br />

Sharashenidze said Chkvishi district inspector Otar Beltadze warned him about expected<br />

census and drug tests <strong>of</strong> Georgian Dream‟s activists.<br />

“Beltadze met me in the village and said he was to census and drug-test every member <strong>of</strong> the<br />

Georgian Dream including me. It was not warning, it was threatening,” Davit Sharashenidze<br />

said.<br />

Otar Beltadze works at the Vani district police department. We could not get in touch with<br />

him because initially different person answered our phone calls and then it was turned <strong>of</strong>f.<br />

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Nobody commented on the fact from the Vani district police yet. 31<br />

11. August 8, 2012 statement <strong>of</strong> the Georgian State Audit Office states “Since the beginning<br />

<strong>of</strong> 2012, Bidzina Ivanishvili and Kakhi Kaladze, individuals with declared political and<br />

electoral goals, have withdrawn unusually large amounts <strong>of</strong> cash from their bank accounts<br />

without indicating its intended use. Specifically, Mr. Ivanishvili withdrew 5,552,135 GEL in<br />

cash, while Kakhi Kaladze withdrew 3,388,992 GEL in cash.<br />

Given their political activities, and in order to determine the intended use <strong>of</strong> the cash, the<br />

State Audit Office (SAO) addressed letters to Bidzina Ivanishvili and Kakhi Kaladze<br />

requesting that they present documentation <strong>of</strong> how the cash had been spent. This was in<br />

order to ensure that the millions <strong>of</strong> lari that had been withdrawn were not being dispensed<br />

in violation <strong>of</strong> Georgian law. <strong>The</strong> SAO‟s request was rejected by both individuals.<br />

<strong>The</strong> SAO‟s main objective is to prevent violations rather than to enforce punitive measures.<br />

<strong>The</strong>refore, the SAO has addressed a second letter to each <strong>of</strong> these individuals who have<br />

declared electoral goals, requesting that they return the large amounts <strong>of</strong> cash to their<br />

personal accounts to ensure the transparency <strong>of</strong> their political finances. 32<br />

12.On August 12 <strong>of</strong> 2012 Georgian Dream‟s supporter Kristopher Jangirashvili was arrested<br />

by police in village Arguni <strong>of</strong> Dusheti district after what he was placed in Mtskheta hospital.<br />

Right now he is in the intensive care unit.<br />

“ Dusheti police <strong>of</strong>ficers arrested Jangirashvili two days after his meeting with us.<br />

Jangirashvili was in preliminary detention setting in Dusheti. He was taken to a hospital by<br />

police. This fact is confirmed by the hospital personnel. Right now Kristophor Jangirashvili is<br />

in hospital. His ward is guarded by security <strong>of</strong>ficers. We were not allowed to see him. <strong>The</strong><br />

doctor said he has high blood pressure, but people with blood pressure <strong>of</strong> 150-100 are not<br />

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generally placed in intensive care unit. Supposedly, he was physically abused. We cannot<br />

confirm or rule out anything because we were not allowed to see him. As for the second<br />

detainee, Janguli Jangirashvili, he was arrested for minor hooliganism. He already talked<br />

with a lawyer. Jangul Jangirashvili said he was arrested for political motives and does not<br />

plead guilty,” Tevdore Kariauli head <strong>of</strong> Georgian Dream‟s Dusheti <strong>of</strong>fice told Information<br />

Centre <strong>of</strong> Mtskheta-Mtianeti.<br />

Georgian Dream‟s supporters Kristopher and Jangul Jangirashvilis were arrested by MIA<br />

Dusheti police <strong>of</strong>ficers in Arguni village on August 12. 33<br />

13. Member <strong>of</strong> the Coalition Georgian Dream Nikoloz Kikilashvili, a resident <strong>of</strong> Tsnori small<br />

town in Signagi district, blames Soso Tsitsishvili, head <strong>of</strong> Kakheti regional department <strong>of</strong> the<br />

Constitutional Security Department <strong>of</strong> MIA and Besik Lekiashvili, deputy head <strong>of</strong> Signagi<br />

district police in his persecution.<br />

Nikoloz Kikilashvili told ICK that according to the instructions <strong>of</strong> Nugzar Abulashvili,<br />

Signagi district majoritiarian deputy <strong>of</strong> the National Movement, Tsitsishvili and Lekiashvili<br />

demanded him to leave Georgian Dream and Georgia; unless he obeys their demands, law<br />

enforcement <strong>of</strong>ficers threatened him with imprisonment.<br />

“<strong>The</strong>y came to my home by jeep. <strong>The</strong>y said they represented security service and head <strong>of</strong><br />

Kakheti regional <strong>of</strong>fice <strong>of</strong> Security Service Soso Tsitsishvili was calling me to his <strong>of</strong>fice. I am<br />

not a criminal; I have not done anything wrong so I followed them; however, I did not<br />

expect them to verbally and physically assault me. <strong>The</strong>y took me to a forest-park near<br />

cemetery where there are cottages. Soso Tsitsishvili, Beso Lekiashvili and one more person<br />

were waiting for me in one <strong>of</strong> the cottages; I did not know who the third person was; he did<br />

not say anything. Tsitsishvili and Lekiashvili told me to quit Georgian Dream and leave<br />

Georgia immediately. <strong>The</strong>y gave me one week time to do it; otherwise they threatened me<br />

with imprisonment. I said I was not going to obey their demands. I spent about 20 minutes in<br />

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the cottage; they verbally and physically assaulted me. It was ordered by Nugzar Abulashvili.<br />

Several days ago, Abulashvili demanded my 14-year-old son to take <strong>of</strong>f Georgian Dream‟s t-<br />

shirt but he did not,” Nikoloz Kikilashvili told ICK.<br />

ICK got in touch with Nugzar Abulashvili but did not comment on the issue. “Come on; who<br />

obeys my orders?” Abulashvili said and cut <strong>of</strong>f line.<br />

Abulashvili is head <strong>of</strong> Signagi district <strong>of</strong>fice <strong>of</strong> the United National Movement. 34<br />

14. Representative <strong>of</strong> the Poti youth branch <strong>of</strong> Georgian Dream Mashiko Melkadze said an<br />

employee <strong>of</strong> the Isle Settlement territorial entity within the City Hall Levan Sichinava tried<br />

to win her over.<br />

Mashiko Melkadze said Levan Sichinava requested her to give a list <strong>of</strong> Coalition members<br />

and supporters together with relevant information in exchange <strong>of</strong> well-paid job.<br />

“I thought you were a clever girl and why did you join the Georgian Dream?” Sichinava<br />

asked me and gave one day to think over his proposal,” Mashiko Melkadze told<br />

humanrights.ge.<br />

However, Melkadze used the one-day time not to think over the proposal but to prove the<br />

fact <strong>of</strong> gaining her over and recorded Sichinava‟s conversation. She said several people<br />

witnessed their conversation. Afterwards, Melkadze declined Sichinava‟s proposal and as<br />

Melkadze alleges she was threatened.<br />

We tried to get in touch with Levan Sichinava but he did not answer our phone calls.<br />

Mashiko Melkadze has seasonal job at a Poti passed firm Paliastomi – 2004. Short time ago,<br />

she was called from the <strong>of</strong>fice and informed about her dismissal because <strong>of</strong> her political<br />

affiliation. 35<br />

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15. Although the government promised every political party will have equal <strong>election</strong><br />

conditions in Georgia, oppression on the members and supporters <strong>of</strong> the Coalition Georgian<br />

Dream continues.<br />

State institutions fined Giga Bukia, majoritarian candidate <strong>of</strong> the Coalition Georgian Dream<br />

in Khobi district, with 190 000 lari and sequestered his property. “Three months ago I<br />

donated 35 000 lari to the Conservative Party to cover the expenses <strong>of</strong> the Coalition. State<br />

Audit Office summoned me as a witness and requested clarification about the origin <strong>of</strong> the<br />

donated money. I verbally clarified to them that I had a credit line at the Bank <strong>of</strong> Georgia<br />

and had transferred the money from there. I was ready to provide them with the Notary<br />

document on my property if they needed. However, I was not summoned to the SAO and<br />

received a summon directly from the court which notified me that State Audit Office had<br />

appealed to them alleging I had no income and could not prove origin <strong>of</strong> the sum. I provided<br />

the court with the Notary‟s notification on 200 000 lari which I owned. Judge gave only 7<br />

minutes to me and my lawyer to provide evidence; they found me guilty without asking any<br />

questions and fined me with 167 000 lari. I appealed the verdict at the Appeal Court but in<br />

vain; finally my fine has amounted to 190 000 lari.”<br />

Bukia, like many others, could not find justice in Georgia and has appealed to the European<br />

Court <strong>of</strong> <strong>Human</strong> Rights in Strasbourg.<br />

While Bukia is waiting for the Strasbourg judgment, the state has sequestered his property<br />

and sold his house at the auction for 313 714 lari. Bukia said the price is much higher than<br />

his fine and requests to transfer remaining 120 000 lari to the account <strong>of</strong> the Georgian<br />

Dream.<br />

Giga Bukia has already informed local and international organization about his problems. 36<br />

16. Members <strong>of</strong> Gurjaani District Election Commission from the Conservative Party <strong>of</strong><br />

Georgia and Industry Will Save Georgia stated that Nato Begashvili, the head <strong>of</strong> the Election<br />

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Commission, does not allow them to work because <strong>of</strong> the political reasons. Both parties are<br />

united in the coalition Georgian Dream.<br />

Only those two members <strong>of</strong> the DEC do not have working places in the <strong>of</strong>fice. <strong>The</strong> Head <strong>of</strong><br />

the District Election Commission refused them to study applications <strong>of</strong> the <strong>Pre</strong>cinct Election<br />

Commission membership candidates.<br />

According to the Article 25 <strong>of</strong> the Election Code <strong>of</strong> Georgia, the DEC members must elect<br />

PEC members before August 16.<br />

“I do not have access to full information though we are obliged to elect PEC members before<br />

August 16. Today the Head <strong>of</strong> the DEC said she will give us only part <strong>of</strong> the information<br />

without phone numbers <strong>of</strong> applications alleging it violates their rights. She said she could not<br />

give us their telephone numbers without their written permission. It was her clarification.<br />

She added we could see autobiographies but could not get their numbers. We need to know<br />

whom we will elect as Commission members before meeting”, Beka Maisuradze told the<br />

Information Centre <strong>of</strong> Kakheti. He is a member <strong>of</strong> the Gurjaani District Election Commission<br />

#12 from the Conservative Party.<br />

According to the Natalia Begashvili, the Head <strong>of</strong> the DEC, the Commission members can<br />

work in the hall. As for the applications PEC membership candidates, she added that these<br />

statements include personal information and Commission members are not allowed to get<br />

the information without their consent. 37<br />

17. On August 17, verbal controversy between the activists <strong>of</strong> the National Movement and<br />

Georgian Dream‟s supporters in Gomi village, Samtredia district turned into physical<br />

violence.<br />

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<strong>The</strong> ruling party‟s majoritarian candidate Mikheil Nikoleishvili was in Gomi village together<br />

with the activists <strong>of</strong> the National Movement to oppose Kakhi Kaladze‟s supporters; they tried<br />

to fail the meeting.<br />

<strong>The</strong> verbal argument between opposition parties turned into physical controversy. Deputy<br />

head <strong>of</strong> Samtredia district police Amino Adamia also witnessed the incident from his car.<br />

Madina Tavadze said none <strong>of</strong> the National Movement‟s activists were Gomi residents and<br />

they were brought to the village to provoke incident. 38<br />

18. Sub-coordinator <strong>of</strong> the Georgian Dream‟s <strong>of</strong>fice in Kistauri village, Akhmeta district<br />

Teona Tatulashvili left the Coalition as a result <strong>of</strong> oppression. Georgian Dream‟s member<br />

Zaza Lagazidze told ICK that police <strong>of</strong>ficer Zakaria Beriashvili was intimidating Teona<br />

Tatulashvili.<br />

“She is a young girl with a little child. She worked as a sub-coordinator during two weeks<br />

and was agitating in the village. Police <strong>of</strong>ficer Zakaria Beriashvili, who is her neighbor,<br />

threatened her several times with firing her mother and brother-in-law from jobs unless she<br />

left the Coalition. He threatened him with creating some other problems too. Teona‟s mother<br />

works at a kindergarten and has a salary <strong>of</strong> 50 or 70 lari,” Zaza Lagazidze told ICK.<br />

ICK called Teona Tatulashvili but she said “I cannot say anything; I have left it [Coalition],<br />

good-bye.”<br />

Police <strong>of</strong>ficer Zakaria Beriashvili did not comment on the fact. 39<br />

19. Suliko Mikeladze –the oppositionist member <strong>of</strong> Khelvachauri municipal board states that<br />

he might be arrested. Oleg Mikeladze-the investigator <strong>of</strong> Khelvachauri police department<br />

contacted him by telephone and asked to appear at the questioning as whiteness in the case<br />

launched under Article 362 <strong>of</strong> the Criminal Code <strong>of</strong> Georgia.<br />

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On August 23Suliko Mikeladze and Irakli Shavadze-his lawyer held a briefing in Batumi<br />

<strong>of</strong>fice <strong>of</strong> the Democratic Engagement Center regarding this case.<br />

According to Mikeladze, the investigation is underway about the appeal <strong>of</strong> oppositionist<br />

members <strong>of</strong> the municipal board filed to the municipal board on August 6. <strong>The</strong>y protested<br />

the incident which occurred on Shuamtoba festival in Beshumi. <strong>The</strong> oppositionists declared<br />

in their statements that they would not attend the municipal board meetings. Vakhtang<br />

Kakhidze‟s name is among undersigned applicants (the municipal board member <strong>of</strong><br />

Christian-Democratic Movement), but his signature is not in the statement at all.<br />

Consequently, the investigation is going to identify whether the signature was falsified or<br />

not.<br />

“I evaluate this fact as the fabricated blame <strong>of</strong> government to intimidate me. Hence I appeal<br />

to the non-governmental sector to monitor ongoing investigation process,” Suliko Mikeladze<br />

said.<br />

Irakli Shavadze is Suliko Mikeladze‟s lawyer. According to Shavadze joint statement <strong>of</strong><br />

oppositionist members <strong>of</strong> the board and their signatures is not crime envisaged under Article<br />

362 <strong>of</strong> the Criminal Code <strong>of</strong> Georgia: “This statement is not an <strong>of</strong>ficial document,<br />

consequently it does not give any right to Vakhtang Kakhidze and his rights are not violated.<br />

Hence the investigation on this fact refers to the political pressure on Mikeladze”. 40<br />

20. Assault on Kists in Telavi - In the evening <strong>of</strong> September 9, strangers physically assaulted<br />

young Kists from Pankisi Valley, after the Georgian Dream‟s assembly finished in Telavi. As<br />

a result <strong>of</strong> incident, Khizir Kushanashvili, 25 and Angel Borchasvili 22, got injured.<br />

Ambulance took injured people to Telavi hospital but doctors had not finished their<br />

examination, when police <strong>of</strong>ficers arrived at hospital and took injured people to police<br />

station for questioning. “We were at the assembly; afterwards we went to a concert; boys<br />

were standing nearby; when we approached them they started quarreling and we also<br />

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injured in the incident. We were taken to hospital and then to police station for<br />

questioning”, said one <strong>of</strong> the injured people Angel Borchasvili to ICK. Nearly one hour later,<br />

injured persons were released from police <strong>of</strong>fice. Georgian Dream‟s members took Khizir<br />

Kushanashvili back to hospital because his health conditions worsened. Giorgi Svanishvili,<br />

surgeon at Telavi district hospital, said patients had minor injuries and there was no need to<br />

keep them in hospital for medical treatment. But Zurab Zviadauri sent Kushanashvili and<br />

Borchasvili for additional analysis in Tbilisi. On September 10, Zurab Zviadauri told ICK that<br />

after the Coalition‟s assembly finished in Telavi, strangers had assaulted 8 more young people<br />

besides Khizir Kushanashvili and Angel Borchashvili; though they did not receive serious<br />

injuries: “10 people were beaten; some <strong>of</strong> them have bruises on the eyes, others have lips and<br />

head injured; everybody, except Kushanashvili and Borchashvili, had light injuries and did<br />

not apply to hospital for help,” Zurab Zviadauri said and added that medical examinations in<br />

Tbilisi diagnosed brain concussion on Khizir Kushanashvili. “Tomography and other tests<br />

showed that he has acute form <strong>of</strong> brain concussion. Doctors recommended to stay in bed and<br />

take medical treatment; he is already at home,” Zviadauri said. Criminal case was launched<br />

on the incident. Telavi police is investigating the case. Law enforcement <strong>of</strong>ficers have not<br />

arrested anybody yet. Deputy Secretary <strong>of</strong> the National Security Council Tamar<br />

Kintsurashvili commented on the fact and said investigation is going on the assault <strong>of</strong> young<br />

people and law enforcement agencies will adequately respond to it. 41<br />

21. Armed people broke into the houses <strong>of</strong> Georgian Dream‟s supporters in Kvareli On<br />

September 10 armed people broke into the houses <strong>of</strong> the Georgian Dream‟s supporters in<br />

Tkhilistskaro village, Kvareli district. “It was about 2:00 am. <strong>The</strong>y jumped over the closed<br />

gate; they were five and had guns. One <strong>of</strong> them approached me lying in the bed and asked<br />

why we all had left village?” Elza Tigashvili told ICK. On September 9 she and her neighbors<br />

went to Telavi to attend the Georgian Dream‟s assembly. “<strong>The</strong>y made my husband get up and<br />

41 http://www.youtube.com/watchv=1nxStGF8CME&feature=player_embedded<br />

36


said they were from police. I asked them to allow me to get up but they ordered to stay in<br />

bed; he had pointed gun at me. <strong>The</strong>y asked what was happening there? We said we had<br />

attended Ivanishvili‟s assembly and asked what they needed from us. He said they were<br />

looking for Shorena. <strong>The</strong>re was no Shorena in our house. <strong>The</strong>y had already visited our<br />

neighbors and told them they were looking for Eliza; in the other family they said they were<br />

looking for Temo. <strong>The</strong>y visited every family to scare people. Similar fact had never occurred<br />

before and why it coincided with the assembly. Everybody had weapon except one. <strong>The</strong>y<br />

inquired why we had all left the village. We said everybody had gone to the assembly except<br />

old people; we had travelled there by three mini-buses and some <strong>of</strong> us were even standing on<br />

feet in the bus,” Elza Tigashvili said. “When they broke into the house my child got shocked;<br />

he started screaming. I also screamed and told them it was my own choice whom to vote on<br />

the Election Day. <strong>The</strong>y said they did not care about votes; they were looking for Shorena.<br />

<strong>The</strong>y were asking stupid questions and visited almost every family in the village. Only I dare<br />

to speak about this incident; people are scared and do not speak. I can recognize the person<br />

who had gun; he was a young boy. I asked him what was the matter and he said they would<br />

kill my husband. I said I wanted to get up but he ordered to stay in bed and cursed,” Elza<br />

Tigashvili said. Her neighbor Ketevan Gagnidze also confirmed the information about the<br />

attack on the families late at night on September 10. “We support Georgian Dream but we<br />

got afraid; you know what is happening regarding this <strong>election</strong>. My husband looked out<br />

when they called; he had stoke and has not been able to speak for four months. <strong>The</strong> armed<br />

person asked him the surname; they did not do any harm to us and left saying they had<br />

mixed up the family. <strong>The</strong>y inquired Elza‟s house. <strong>The</strong>y had visited some other families in our<br />

neighborhood. <strong>The</strong>y returned in the morning and asked me to boil c<strong>of</strong>fee for them. Having<br />

drunk it they left; they spoke perfect Georgian,” Ketevan Gagnidze told ICK. According to<br />

the information spread in the village, the armed people were looking for certain Shorena.<br />

However ICK found out that the strangers had not entered the families whose members had<br />

37


not attended the Georgian Dream‟s assembly. Kvareli district police has not launched<br />

criminal case on the fact. 42<br />

22. Posters seized from the Georgian Dream‟s activists in Kvemo Magaro On September 6,<br />

agitation posters were seized from the activists <strong>of</strong> the Georgian Dream Nino Gugashvili and<br />

Giorgi Mchedlishvili in Kvemo Magaro village, Signagi district when they were distributing<br />

them among people; they were verbally and physically assaulted. Member <strong>of</strong> the Signagi<br />

municipal board from the Kvemo Magaro village Giorgi Babakishvili participated in the<br />

harassment. “We were four and were distributing posters; suddenly two cars approached us,<br />

several people got out <strong>of</strong> them and asked who we were. We said we did not force anybody to<br />

take our posters and we were just informing people that on September 9 Bidzina Ivanishvili<br />

was holding assembly in Telavi. <strong>The</strong>y seized our posters; they slapped one <strong>of</strong> our boys; they<br />

struck posters into my head and cursed. <strong>The</strong>y warned us against coming to the same place<br />

next time and left the place,” Nino Gugashvili said and added strangers drove away by Giorgi<br />

Babakishvili‟s car. <strong>The</strong> latter denied the accusations <strong>of</strong> the Georgian Dream‟s activists. “I have<br />

not beaten anybody. I do not know who they were; I was not there,” Babakishvili said. A<br />

witness <strong>of</strong> the incident Galina Arabuli confirmed the activists‟ statement: “I was filling in<br />

water in the street. Children were walking with posters. <strong>The</strong>y stopped cars and seized posters<br />

from them. I asked them why they were seizing posters but he did not answer. <strong>The</strong>y put<br />

posters in the car-booth and drove away,” Arabuli said. 43<br />

23. Georgian Dream‟s information posters torn down in Gurjaani district On September 9,<br />

coalition Georgian Dream had scheduled assembly in Telavi. On September 8 Coalition<br />

activists placed announcement posters in the region and invited people to the assembly. In<br />

the same evening, almost every poster was torn down in the Gurjaani district villages.<br />

Residents <strong>of</strong> Chandari village told ICK that National Movement‟s activists had done it.<br />

42 http://www.youtube.com/watchv=eCEMWA3NuJA&feature=player_embedded<br />

43 http://www.youtube.com/watchv=Nr7Zys3b83Q&feature=player_embedded<br />

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“Yesterday, late in the evening, young people were walking here and they tore down the<br />

Georgian Dream‟s posters. <strong>The</strong>y destroyed them everywhere. I know they are National<br />

Movement‟s activists; I personally know them; they had pasted the UNM‟s posters several<br />

days before,” the witness said.<br />

24. Petrol stations did not work in Gurjaani – On September 9, people wishing to attend the<br />

Georgian Dream in Telavi, faced some problems; they could not purchase fuel for their cars.<br />

Petrol stations, including Lukoil, did not work from the early morning. Operators clarified<br />

the stations did not receive enough electricity supply. In fact the district received electricity<br />

supply without any delay on September 9 and neither JSC Kakheti Energo Distribution<br />

Company confirmed the information about any delays. 44<br />

25. Attempt to interfere on rehabilitation grounds – unequal pre-<strong>election</strong> conditions in<br />

Telavi –On September 8, on Saturday, National Movement held an assembly in Erekle Square<br />

in Telavi. Rehabilitation works had been underway for two months in the town but before<br />

the UNM‟s assembly they cleaned streets from construction ruins and traffic movement was<br />

free all day long. On September 9, when Georgian Dream held assembly in the same place,<br />

construction technique was brought back to Erekle Square and they threw construction<br />

materials on the roads. “We are reconstructing the façade but we have stopped now. I do not<br />

know why they stopped us; it is our job,” a driver <strong>of</strong> the truck told ICK. “<strong>The</strong> administration<br />

ordered me to stay here. My working hours finished and but how can I go from here? We<br />

have stuck here for 2-3 hours,” the second driver said. Gela Samkharauli, majoritarian<br />

candidate <strong>of</strong> the Georgian Dream in Telavi, said all roads to the Telavi center were free<br />

during the UNM‟s assembly on the previous day but rehabilitators renewed their works on<br />

44 http://www.youtube.com/watchv=2etVPGypYkY&feature=player_embedded<br />

39


Sunday. “<strong>The</strong> purpose is to create discomfort for our supporters and hinder our assembly,”<br />

the candidate said. 45<br />

26. Officers <strong>of</strong> the MIA and Defense Ministry video-recorded Georgian Dream‟s assembly in<br />

Telavi On September 9, <strong>of</strong>ficers <strong>of</strong> the MIA and Defense Ministry video-recorded the<br />

Georgian Dream‟s assembly in Telavi. <strong>The</strong> people equipped with modern video-cameras did<br />

not introduce themselves; they were recorded the faces <strong>of</strong> the people who attended the<br />

assembly. One <strong>of</strong> the cameramen Mamuka Gaganidze works at the press-center <strong>of</strong> the<br />

Defense Ministry and he received instructions directly from the acting Kakheti regional<br />

governor Giorgi Sibashvili. A lot <strong>of</strong> representatives <strong>of</strong> the info9.com worked during the<br />

assembly very actively. <strong>Report</strong>edly this agency was created in parallel to the pro-opposition<br />

news agency Info9.ge and their representatives implement the instructions <strong>of</strong> the National<br />

Movement. 46<br />

27. Georgian Dream‟s members were arrested in Kvareli – On September 4, Levan<br />

Khutsishvili and Zaza Rostiashvili-the members <strong>of</strong> the coalition Georgian Dream were<br />

arrested in Kvareli late at night. “I was at my friend Zaza Rostiashvili‟s place last evening; we<br />

were having dinner on his balcony. A boy insulted us from the street and we also insulted<br />

him back. He is Bacho Nikolozishvili, relative <strong>of</strong> the National Movement‟s representatives.<br />

He called police and suddenly 4 police <strong>of</strong>ficers rushed into the house and arrested us. Judge<br />

charged us under two articles <strong>of</strong> the Criminal Law – minor hooliganism and disobedience<br />

though we did not disobey police <strong>of</strong>ficers. When they entered we followed them to the<br />

police station. <strong>The</strong> sanction imposed by the judge was either 90-day administrative<br />

imprisonment or 400 lari bail; we preferred the fine and were released under the bails <strong>of</strong> 400<br />

lari,” Levan Khutsishvili told ICK. 47<br />

45 http://www.youtube.com/watchv=GJ3lXIEg1M0&feature=player_embedded<br />

46 http://www.youtube.com/watchv=58fnuZpRJzI&feature=player_embedded<br />

47 http://www.youtube.com/watchv=wuV8MlJv978&feature=player_embedded<br />

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28. Free Georgia‟s regional <strong>of</strong>fice was robbed in Telavi – On September 3, <strong>of</strong>fice <strong>of</strong> the Free<br />

Georgia‟s regional <strong>of</strong>fice was robbed in Telavi center. Regional coordinator <strong>of</strong> the political<br />

party Giorgi Mosiashvili told ICK that robbers had taken computer with complete working<br />

information in it from the <strong>of</strong>fice. Telavi district police is investigating the fact but they have<br />

not arrested anybody yet. 48<br />

29. Incident in Lagodekhi an incident occurred between the members <strong>of</strong> the Georgian<br />

Dream and National Movement in Pona village in Lagodekhi district. Georgian Dream‟s<br />

members said the UNM‟s majoritarian candidate arrived at the Georgian Dream‟s assembly<br />

though the ruling party claimed this meeting was organized by them and Coalition members<br />

made problems for them. “<strong>The</strong>se people, in those t-shirts, wish to return you to the past with<br />

automatic guns and old system where you will not have pensions, salaries, allowances; you<br />

are enemies, <strong>of</strong> course,” the UNM‟s majoritarian candidate Gia Gozalishvili told the Coalition<br />

members. “I will prove that you are enemies. <strong>The</strong>se people, Georgian Dream is enemy <strong>of</strong><br />

Georgia‟s independence, you must remember it. You have exceeded all boundaries,”<br />

Lagodekhi district majoritarian candidate Guram Kakalashvili said. “<strong>The</strong>y learned that we<br />

had planned meeting today and they rapidly arrived here and met people. Our zone<br />

coordinators are here; they had mobilized people but we did not want to escalate the tension<br />

and left the area,” Georgian Dream‟s member Gaga Gambashidze said. 49<br />

30. Kvareli district governor blamed in oppression Resident <strong>of</strong> Chikaani <strong>of</strong> Kvareli district<br />

Berdia Gezelishvili, who supports Coalition Georgian Dream, blames Kvareli district<br />

governor Besik Zandarashvili and attorney <strong>of</strong> the village territorial entity Temur Osiashvili<br />

in oppression. “District governor Besik Zandarashvili attacked me from the car and said why<br />

I was distributing Georgian Dream‟s booklets. I told him I had right to inform people with<br />

my opinion though it was different from his views. Several years ago, locals cut down trees in<br />

a small part <strong>of</strong> forest to use them as fire wood in winter and he reminded me <strong>of</strong> this case and<br />

48 http://www.youtube.com/watchv=UULDowjhgY4&feature=player_embedded<br />

49 http://www.youtube.com/watchv=MU7JE3YLZz4&feature=player_embedded<br />

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said I would have to pay the fine for it now. Besik Zandarashvili threatened my relative with<br />

firing form job; he works at a ministry. Majoritarian candidate Davit Kevkhishvili was<br />

meeting local population. After the meeting village attorney Temur Osiashvili told me not to<br />

do anything after what they would not forgive me after the <strong>election</strong>s. Afterwards, my<br />

neighbor Guram Gezelishvili insulted me and threatened with dragging me out <strong>of</strong> my house.<br />

National Movement‟s members deprived his father from the status <strong>of</strong> the sought in exchange<br />

<strong>of</strong> gaining votes for the <strong>election</strong>s,” Berdia Gezelishvili said. Witness confirmed part <strong>of</strong> his<br />

story. “Guram Gezelishvili cursed and threatened him with killing that night,” Guliko<br />

Kvachrelishvili, resident <strong>of</strong> Chikaani village said. Kvareli district governor Besik<br />

Zandarashvili did not comment on the accusation.<br />

31. Patrol police <strong>of</strong>ficers seized car from the Georgian Dream‟s Majoritarian Candidate in<br />

Telavi Patrol police seized car from Gela Samkharauli, Georgian Dream‟s majoritarian<br />

candidate in Telavi. <strong>The</strong> car incident occurred in Tbilisi in the evening <strong>of</strong> September 11. As a<br />

result <strong>of</strong> the incident Samkharauli‟s car was slightly damaged; the parties did not have<br />

complaints abouteach other but police took Samkharauli‟s car to the penalty lot. Gela<br />

Samkharauli said while police <strong>of</strong>ficers were inspecting his documents, they said he did not<br />

deserve even a fine but after they learned who he was, they took the car to the penalty<br />

station. On August 10, police <strong>of</strong>ficers took the car <strong>of</strong> Spartak Zviadauri, brother <strong>of</strong> the<br />

Georgian Dream‟s majoritarian candidate Zurab Zviadauri, to the Telavi penalty station for<br />

disobedience. Before that, strangers put sand in Zurab Zviadauri‟s car in Gori penalty station<br />

that damaged the car. It is noteworthy that patrol police massively fines activists and<br />

supporters <strong>of</strong> the Georgian Dream for the last one month. ICK studied several cases in<br />

Lagodekhi district and found out that fined drivers had not breached traffic laws though the<br />

patrol police fined them. 50<br />

50 http://www.youtube.com/watchv=dQWBirWKEt8&feature=player_embedded<br />

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32. Ledi Natadze, member <strong>of</strong> the <strong>election</strong> commission <strong>of</strong> Odzisi village precinct # 25 in<br />

Dusheti district from the Georgian Dream, was fired from job. Natadze was teaching<br />

Georgian Language and Literature in Odzisi Public School. “<strong>The</strong>y had to resume labor<br />

contracts with teachers in September. I was already told that they are not going to continue<br />

my contract while all other teachers will have their contracts resumed. This fact is connected<br />

with my political affiliation. On August 26, Coalition Georgian Dream nominated me for the<br />

commission membership <strong>of</strong> PEC # 25 in Odzisi village. <strong>Pre</strong>sumably they fired me for that<br />

reason. <strong>The</strong>re cannot be any other reason. I am experienced teacher; I have worked at school<br />

for 40 years; I have never been rebuked in my life. Although I am 69, there are some teachers<br />

at school who are older than I am and nobody had fired them,” Ledi Natadze told ICMM.<br />

“New labor contracts were not signed with any teacher yet. I do not know what will happen.<br />

I can assure you that either I will leave school together with Ledi Natadze or we both remain<br />

here to work,” Roena Kvitsiani, director <strong>of</strong> Odzisi Public School told ICMM. 51<br />

33. Teacher threatened with firing from school-Teacher <strong>of</strong> the Arguni village Public School<br />

in Dusheti district Izo Khutsishvili was threatened with firing from school because <strong>of</strong><br />

meeting with the leaders <strong>of</strong> the Georgian Dream. “On August 12, head <strong>of</strong> Georgian Dream‟s<br />

Dusheti organization Tedo Kariauli and other leaders <strong>of</strong> the Coalition visited our village. I<br />

also arrived at the meeting. A lot <strong>of</strong> people were gathered including the supporters <strong>of</strong> the<br />

National Movement. Tedo Kariauli said that teachers used to have twice higher salaries<br />

during communist regime than they have now. He added that if there was any teacher at the<br />

meeting, they could confirm his allegation. I will repeat now what I replied to him at the<br />

meeting: “we did not have higher salaries during communist regime but we had various<br />

privileges: we received 50 lari per month to buy fire-wood; if any teacher rented a house, the<br />

government paid the rent.” Next day, director <strong>of</strong> the Arguni Public School Nana<br />

Mchedlishvili visited me at home and asked where I was on the previous day. She said people<br />

from the Dusheti district administration had called her and requested to warn her teacher to<br />

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43


avoid meeting Georgian Dream‟s representatives and keep silence or she might lose a job. I<br />

did not agitate there. I have told you what I said during the meeting. Entire village is scared.<br />

In fact, we cannot say a word. Several days ago, a postman told me he is invited to the district<br />

administration to meet Zurab Otiashvili; the postman said they asked him who I support<br />

(Zurab Otiashvili is head <strong>of</strong> Dusheti District Election HQ <strong>of</strong> the National Movement). I have<br />

been teaching at the primary school for 47 years. Although we already started working at<br />

school, new labor contracts were not signed with us yet,” Izo Khutsishvili said. 52<br />

34. Mother <strong>of</strong> the TV-9‟s journalist fired from job Esma Alaverdashvili, mother <strong>of</strong> TV-<br />

Company TV9‟s journalist <strong>The</strong>a Alaverdashvili was fired from job. Esma Alaverdashvili was<br />

director <strong>of</strong> Gurjaani Art School. According to <strong>of</strong>ficial document, reorganization in the Art<br />

School was implemented based on the Gurjaani municipal board‟s resolution # 57 issued on<br />

September 7, 2012. <strong>The</strong> district municipal board annulled registration <strong>of</strong> the Art School and<br />

subordinated it to the Union <strong>of</strong> Music Schools. <strong>The</strong> decree does not indicate why it was<br />

necessary to annul its registration. On September 7, Gurjaani municipal board fired Esma<br />

Alaverdashvili based on the resolution # 59. Acting chairman <strong>of</strong> the municipal board<br />

Aleksandre Sirbilashvili signed the resolutions. From August 17, 2012 chairman <strong>of</strong> the<br />

municipal board Zakaria Iaganashvili has been on holiday and he is head <strong>of</strong> Giorgi<br />

Gviniashvili‟s <strong>election</strong> HQ, UNM‟s majoritarian candidate in Gurjaani. Esma Alaverdashvili<br />

said she was fired because her daughter <strong>The</strong>a Alaverdashvili works for TV9. “Nine people<br />

were working in the art school. Besides being a director, I worked as a teacher too. <strong>The</strong>y<br />

fired only me as a result <strong>of</strong> reorganization,” Esma Alaverdashvili told ICK. Her monthly<br />

salary was 230 lari at the art school and her labor contract was due to expire at the end <strong>of</strong><br />

December 2012. It is noteworthy that Esma Alaverdashvili was on holiday since July 25 and<br />

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on July 29 she was called back and warned about planned reorganization and possible<br />

resignation. 53<br />

35. On September 16-17 strangers shot four times near Irakli Garibashvili‟s house in<br />

Dedoplistskaro, who is member <strong>of</strong> the Georgian Dream. Irakli Garibashvili‟s parents gave<br />

police <strong>of</strong>ficers the state numbers <strong>of</strong> the cars from where gunshots were made. However, law<br />

enforcement <strong>of</strong>ficers have not arrested anybody yet. “On September 16, at 10:00 pm I heard<br />

four gun-shots; I immediately went outside and saw a car which drove towards the town. I<br />

saw the young man sitting next to the driver. <strong>The</strong> car was green with state number LEL 188.<br />

We called police; they arrived, searched the territory but could not find bullet cartridges. I<br />

made explanation statement; my neighbor Mikheil Bakhutashvili also confirmed that he had<br />

heard gun-shots but had not looked out. Next day, at 4:50 I again heard four gun-shots and<br />

went outside immediately; it was yellow mini-bus with white ro<strong>of</strong>; it was new vehicle and<br />

was moving too fast; I could not detect the state number,” Irakli Garibashvili‟s mother<br />

Marina Koranashvili told ICK. Tariel garibashvili was attorney <strong>of</strong> Tsiteltskaro village<br />

territorial entity in Dedoplistskaro district administration; however he was fired after<br />

Bidzina Ivanishvili joined politics. Currently he supports Georgian Dream. 54<br />

36. Chairman <strong>of</strong> the PEC N 2 in Kazbegi resigned -On September 3, ICMM reported that<br />

chairpersons <strong>of</strong> the PEC # 1 in Stepantsminda and PEC # 4 in Akhaltsikhe village,<br />

Stepandtsminda district Givi Khutsishvili and Nona Gujaraidze resigned based on their<br />

resignation letters. <strong>The</strong> reason <strong>of</strong> their resignation was health problems. “After being elected<br />

as a chair <strong>of</strong> Stepandtsminda PEC #1 my health conditions worsened. I have to take medical<br />

treatment and will not be able to appear at the commission every day; busy working<br />

schedule will not be good for my health either. So I decided to resign,” Givi Khutsishvili said.<br />

Nona Gujaraidze, chairwoman <strong>of</strong> the PEC # 4 in Akhaltsikhe village also named health<br />

problems as a reason <strong>of</strong> her resignation. Givi Khutsishvili and Nona Gujaraidze were elected<br />

53 http://www.ick.ge/ka/articles/12523‐1‐n‐6.html<br />

54 http://www.ick.ge/ka/articles/12523‐1‐n‐6.html<br />

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for the position on August 26. According to the ICMM, commission chairpersons refused to<br />

implement the instructions <strong>of</strong> the government and decided to resign. 55<br />

37. Georgian Dream‟s posters painted in Stepantsminda – On September 5, employees <strong>of</strong> the<br />

cleaning service painted posters <strong>of</strong> the Georgian Dream in Stepantsminda. Head <strong>of</strong> Georgian<br />

Dream‟s Stepantsminda district organization Shalva Eloshvili told ICMM about it. “All<br />

posters, which were placed in the center <strong>of</strong> Stepantsminda, were painted in white. I did not<br />

witness this fact personally but we know that employees <strong>of</strong> the town cleaning service did it,”<br />

Eloshvili said. “Coalition Georgian Dream placed their <strong>election</strong> posters in the places allocated<br />

by the District Election Commission. <strong>The</strong> law prohibits damage <strong>of</strong> <strong>election</strong> posters; it is<br />

violation <strong>of</strong> Article 46 <strong>of</strong> the Election Code,” lawyer <strong>of</strong> the Georgian Dream‟s Stepantsminda<br />

<strong>of</strong>fice Manana Marsagishvili said. Three witnesses confirmed with the ICMM that employees<br />

<strong>of</strong> the cleaning service had painted the posters. Head <strong>of</strong> Stepantsminda cleaning service<br />

Elguja Alibegashvili did not comment on the fact. 56<br />

38. Attempt to fail pre-<strong>election</strong> meeting – National Movement‟s activists tried to fail the<br />

meeting <strong>of</strong> the Georgian Dream‟s majoritarian candidate Zakaria Kutsnashvili in Zhebota<br />

village, Tianeti district. Activists <strong>of</strong> the ruling party arrived at the meeting in the UNM‟s t-<br />

shirts. Among them was former police <strong>of</strong>ficer Alika Pitskhelauri who did not allow Zakaria<br />

Kutsnashvili to introduce voters with their <strong>election</strong> program. “First volume <strong>of</strong> Dachi‟s Fairy<br />

Tales finished. Why should I stop? It is not your business. I am not irritating anybody. Shall I<br />

ask you permission where to go?! Georgia is a country where everybody has right to express<br />

his opinion. I am not arguing or insulting anybody,” Alika Pitskhelauri told Georgian<br />

Dream‟s supporters. “You are already insulting people by creating similar situation here. Let<br />

us listen to the majoritarian candidate. Shall we listen to your remarks?” the voters told him.<br />

Law enforcement authorities have not yet launched investigation about the incident which<br />

occurred in Duluzaurebi village, Tianeti district in August. <strong>The</strong>n, Badur Poladishvili, who<br />

55 http://www.humanrights.ge/index.php?a=main&pid=15571&lang=geo<br />

56 http://www.youtube.com/watchfeature=player_embedded&v=VYPuVZKIjwk<br />

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presumably is activist <strong>of</strong> the National Movement, insulted supporters <strong>of</strong> the Georgian Dream<br />

and INFO9‟s journalists. Poladishvili was driving car very fast in the district where Georgian<br />

Dream‟s majoritarian candidate was supposed to meet voters. Poladishvili was there together<br />

with two people. He got irritated when INFO9‟s video-camera recorded him. “Why are you<br />

shooting me? Do you want me to take <strong>of</strong>f and show you…?” Poladishvili shouted at INFO9‟s<br />

journalists. 57<br />

39. Georgian Dream‟s activists insulted –On September 7, an incident occurred in Bulachauri<br />

village, Dusheti district. Young people from red Jeep insulted activists <strong>of</strong> the Georgian Dream<br />

gathered in the village center. <strong>The</strong> car belongs to Choporti village governor Nugzar<br />

Lapanashvili. “Our activists were standing in front <strong>of</strong> a shop in Bulachauri center. Since Eldar<br />

Iarajuli and Lado Zurabashvili were wearing Georgian Dream‟s t-shirts, young people sitting<br />

in the car insulted them. <strong>The</strong> locals recognized the abusers. <strong>The</strong>y live in Choporta village.<br />

<strong>The</strong> car belongs to Nugzar Lapanashvili, governor <strong>of</strong> Choporta village in Dusheti district,”<br />

Georgian Dream‟s coordinator Nino Kharanauli said. Nugzar Lapanashvili denied the<br />

accusation in his conversation with ICMM. 58<br />

40. Head <strong>of</strong> National Movement‟s HQ Beat INFO9‟s cameraman head <strong>of</strong> the National<br />

Movement‟s <strong>election</strong> HQ in Kazbegi Guram Jamarjashvili physically assaulted INFO9‟s<br />

cameraman Avto Sujashvili when the latter was implementing his pr<strong>of</strong>essional duties. INFO<br />

9 was covering how people were mobilized to send to the National Movement‟s assembly in<br />

Mtskheta on September 9. “Why do you irritate people?”Guram Jamarjashvili asked the<br />

cameraman and hit him in the face. Jamarjashvili did not comment on the issue. 59<br />

41. MP physically assaulted supporters <strong>of</strong> the Georgian Dream –On September 22, MP from<br />

the National Movement in Signagi district Nugzar Abulashvili beat supporters <strong>of</strong> the<br />

57 http://www.youtube.com/watchfeature=player_embedded&v=goa7qeRqDb4<br />

58 http://www.humanrights.ge/index.php?a=main&pid=15571&lang=geo<br />

59 http://www.humanrights.ge/index.php?a=main&pid=15571&lang=geo<br />

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Georgian Dream Gela and Vakhtang Darchiashvilis in Tsnori <strong>of</strong> Signagi district. At the<br />

moment, Nugzar Abulashvili is head <strong>of</strong> the <strong>election</strong> HQ <strong>of</strong> Levan Bezhashvili, Signagi district<br />

majoritarian candidate <strong>of</strong> the ruling party. As a result <strong>of</strong> the incident Gela Darchiashvili was<br />

injured. He was provided with medical aid at Arkimede medical center in Tsnori. “I was<br />

going to the Georgian Dream‟s <strong>of</strong>fice. Nugzar Abulashvili was standing next to the police<br />

<strong>of</strong>fice together with several people. He called me to approach him. He asked “didn‟t they<br />

[government] transfer you 5 000 lari for the operation? “ I agreed and suddenly he started<br />

insulting me. “Why are you wearing Georgian Dream‟s t-shirt then?” then he hit me.<br />

Initially they beat my brother and dragged him away; then they beat me. Nugzar personally<br />

beat me. <strong>The</strong>y pushed me down and kicked me claiming they were going to damage my liver<br />

which they had cured. <strong>The</strong>n they saw our boys approaching us, they got into the car and ran<br />

away. I did not count, they were five or six,” Gela Darchiashvili told ICK. Head <strong>of</strong> Arkimede<br />

medical center Nukri Karalashvili said Gela Darchiashvili was examined and he had light<br />

bruises on several places. He was dismissed from the clinic on the same day. MP Nugzar<br />

Abulashvili refused to comment on the incident. Neither Giorgi Botkoveli, Kakheti regional<br />

coordinator <strong>of</strong> the National Movement commented on the fact. Criminal case was launched<br />

at the Signagi district police. Law enforcement <strong>of</strong>ficers have not arrested anybody regarding<br />

this incident. 60<br />

42. Six young people beaten in Gurjaani On September 23, at night, Georgian Dream‟s<br />

supporters Dachi Datuashvili, Giorgi Kakhidze, Nika Jokhadze, Vitali Khatiashvili and Giorgi<br />

Gergidze were beaten in Gurjaani. “At about 24:00 we were checking <strong>election</strong> posters <strong>of</strong> the<br />

Georgian Dream‟s majoritarian candidates in Kotekhi, a district in Gurjaani. Somebody had<br />

torn them down on the previous day. We wanted to replace the damaged posters and to find<br />

those people who had damaged posters. At that moment, white mini-bus with state number<br />

DIT-022 and two other cars approached and members <strong>of</strong> the National Movement Jemal<br />

Sepiashvili, Misho Gviniashvili, Tornike Sibashvili and others [we do not know their names]<br />

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got out <strong>of</strong> the cars. <strong>The</strong>y started beating and insulting us and we video-recorded it. <strong>The</strong>y<br />

were holding baseball bats. So we had to leave the area. We arrived at the Georgian Dream‟s<br />

<strong>of</strong>fice but cars were moving around the <strong>of</strong>fice; state number <strong>of</strong> one <strong>of</strong> them was BUM 100.<br />

People sitting in the cars were insulting us; they damaged two wheals <strong>of</strong> our car Ford Transit<br />

GVG 304; they cut it by knife,” head <strong>of</strong> youth branch <strong>of</strong> the Georgian Dream‟s Gurjaani<br />

<strong>of</strong>fice Dachi Datuashvili said. Young members <strong>of</strong> the Coalition were not injured as a result <strong>of</strong><br />

the incident.<br />

On September 24, at about 12:00 pm, member <strong>of</strong> the youth branch <strong>of</strong> the Georgian Dream‟s<br />

Gurjaani <strong>of</strong>fice Nika Patarkalishvili was assaulted near the resort Akhtala in Gurjaani. As a<br />

result <strong>of</strong> the incident Nika Patarkalishvili had brain concussion. Ambulance took him to<br />

Gujraani medical center and he is still taking medical treatment. Georgian Dream‟s<br />

majoritarian candidate in Gurjaani Manana Berikashvili said young people, who beat<br />

Georgian Dream‟s supporters, were either relatives <strong>of</strong> the governmental <strong>of</strong>ficials or public<br />

servants. “<strong>The</strong>y were Otar Imerlishvili – employee <strong>of</strong> the Gurjaani district administration<br />

and nephew <strong>of</strong> Davit Abazashvili, head <strong>of</strong> Gurjaani district <strong>of</strong>fice <strong>of</strong> the Criminal Police;<br />

Mishiko Gviniashvili (cousin <strong>of</strong> Giorgi Gviniashvili, National Movement‟s majoritarian<br />

candidate in Gurjaani), Jemal Sepiashvili, Temur Butsashvili – specialist <strong>of</strong> the Youth Affair<br />

Service at the district administration and Tornike Sibashvili, nephew <strong>of</strong> the acting Kakheti<br />

regional governor Giorgi Sibashvili and son <strong>of</strong> Gocha Sibashvili, deputy head <strong>of</strong> Gurjaani<br />

police department,” Manana Berikashvili said. Gurjaani police started investigation <strong>of</strong> the<br />

young people‟s physical assault. Investigator questioned Manana Berikashvili and head <strong>of</strong><br />

Georgian Dream‟s Gurjaani <strong>of</strong>fice Giga Beradze; they have not questioned victimized young<br />

people yet. 61<br />

43. 28.09.2012 -Ozurgeti regional court imposed fine <strong>of</strong> 2000 lari on Tamar Malazonia in her<br />

absense. Tamar Malazonia supports Georgian Dream. Judge Levan Nutsubidze fined<br />

61 http://www.ick.ge/ka/articles/12523‐1‐n‐6.html<br />

49


Malazonia according to the Article 45 <strong>of</strong> the Administrative Law and Article 79 <strong>of</strong> the<br />

Election Code.<br />

Malazonia is obliged to pay the fine within 30 days. According to Malazonia she was fined<br />

for having performed political agitation as a public servant: “<strong>The</strong>y concluded the briefing I<br />

held in the Georgian Dream‟s Ozurgeti <strong>of</strong>fice was political agitation and fined me in my<br />

absense”. 62<br />

44. Unequal Conditions for Political Parties – Office <strong>of</strong> an Opposition Political Party is<br />

Associated with Problems. <strong>The</strong> thing is that ruling party opened 10 new <strong>of</strong>fices in Rustavi<br />

before <strong>election</strong>s. <strong>The</strong>ir HQs with the slogan, flags and <strong>election</strong> number 5 <strong>of</strong> the political<br />

party are functioning in almost every district <strong>of</strong> the city. One <strong>of</strong> the necessary requirements<br />

for the fair <strong>election</strong>s is to create equal conditions for all parties participating in the <strong>election</strong><br />

marathon. Various facts demonstrate that those principles are breached in the regions (and<br />

not only in the regions). Offices <strong>of</strong> political parties are one <strong>of</strong> those problematic issues <strong>of</strong> the<br />

fair <strong>election</strong> environment.<br />

Opposition parties face problems to rent <strong>of</strong>fices almost in every region. When National<br />

Movement opened 10 <strong>of</strong>fices in the city, Coalition Georgian Dream‟s Gardabani HQ speaks<br />

about reasons why Gardabani residents refused them to rent their houses. 63<br />

45. Police <strong>of</strong>ficers massively fine members <strong>of</strong> Georgian Dream in Kakheti. Law enforcement<br />

<strong>of</strong>ficers fined Merab Ivanashvili from Lagodekhi 340 lari in two days.<br />

“We were traveling from Lagodekhi to Ulianovka village in three or four cars; I was last in<br />

the row. I saw police cars following me in the mirror. I did not break traffic rules; I was<br />

driving at the speed <strong>of</strong> 60 km per hour. Soon, police <strong>of</strong>ficers demanded me to stop the car;<br />

they said I had crossed the axial line but I actually had not done this. Five people were sitting<br />

62 http://humanrights.ge/index.php?a=main&pid=15622&lang=geo<br />

63 http://humanrights.ge/index.php?a=main&pid=15459&lang=geo<br />

50


in my car and everybody confirmed that I had not breached the rules but police <strong>of</strong>ficers<br />

fined me 200 lari. On August 7, I was stopped at petrol-station in Kavshiri village and they<br />

fined me 100 lari. <strong>The</strong>y accused me <strong>of</strong> crossing the axial line though I had not because I<br />

knew that the police car was following me. <strong>The</strong> next day I was in Georgian Dream‟s <strong>of</strong>fice in<br />

Lagodekhi. Having left <strong>of</strong>fice, I went to the village; the police followed and stopped me. I<br />

had passengers in the car; everybody had their seat belts on but police <strong>of</strong>ficer accused us <strong>of</strong><br />

not; as a result I was fined 40 lari,” Merab Ivanashvili told ICK.<br />

Police <strong>of</strong>ficers fined another member <strong>of</strong> Georgian Dream, Kakhaber Kevlishvili, 400 lari in<br />

Lagodekhi. Two administrative protocols were drawn up on Kevlishvili for having<br />

incorrectly outrun cars. “I told police <strong>of</strong>ficers I had not outrun any car and that they were<br />

fining me illegally. <strong>The</strong>y said I could complain about their protocol anywhere I wished,”<br />

Kakhaber Kevlishvili said.<br />

Another member <strong>of</strong> Georgian Dream, Gia Bitsadze, was fined 100 lari in Lagodekhi. “I was<br />

blamed for crossing the axial line when I had not done it. But I cannot prove the opposite,”<br />

Bitsadze said.<br />

According to the ICK‟s information, on August 5 and 9 police <strong>of</strong>ficers fined Levan Khvistani,<br />

member <strong>of</strong> Georgian Dream‟s Telavi <strong>of</strong>fice. <strong>The</strong>y drew up administrative protocol on him<br />

alleging he did not have permission to transfer his car from petrol to auto-gas and for having<br />

breached traffic rules.<br />

Representatives <strong>of</strong> the Kakheti Department <strong>of</strong> the Patrol Police and the Kakheti regional<br />

MIA department did not comment on the massive fining <strong>of</strong> Georgian Dream‟s members in<br />

the region.<br />

None <strong>of</strong> the people who were fined have sued the imposed administrative protocols. <strong>The</strong>y<br />

said it is useless because it will not change anything.<br />

According to statistical data, in 2010-2011 Telavi, Gurjaani and Kvareli district courts have<br />

not annulled any administrative protocols drawn by patrol police <strong>of</strong>ficers. 64<br />

64 http://humanrights.ge/index.php?a=main&pid=15318&lang=geo<br />

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46. When representatives <strong>of</strong> the OSCE Parliamentary Assembly and other international<br />

organizations suggest the government <strong>of</strong> Georgia to improve <strong>election</strong> environment,<br />

oppression on the Georgian Dream‟s members continues. Varlam Khatridze, member <strong>of</strong> the<br />

Coalition‟s human rights committee got in touch with for.ge and informed us about concrete<br />

facts <strong>of</strong> intimidation and oppression on Coalition members.<br />

Khatridze said besides State Audit Office, police departments also summon members and<br />

supporters <strong>of</strong> the Coalition Georgian Dream for interrogation and psychologically oppress<br />

them. For.ge interviewed Varlam Khatridze on the issue. 65<br />

47. Poor people donate several dozen thousand lari to the ruling party – National Movement<br />

and the State Audit Office does not pay attention to it. However, the latter is observing<br />

donations to other political parties and imposes sanctions on them immediately.<br />

SAO fights against donators <strong>of</strong> the Georgian Dream with particular severity and seizes and<br />

sells their properties. Properties <strong>of</strong> both large and small donators are seized equally. Head <strong>of</strong><br />

Georgian Dream‟s <strong>election</strong> administration in Poti Beso Jojua faced this problem.<br />

Beso Jojua ordered an advertising subtitle in the cable TV-station which announced time and<br />

place <strong>of</strong> Eka Beselia‟s presentation as a majoritarian candidate <strong>of</strong> the Georgian Dream in Poti.<br />

He paid ten lari for the advertisement that became ground for the SAO to get interested in<br />

his personality and Jojua was summoned as a witness to find out the origin <strong>of</strong> the donated ten<br />

lari. 66<br />

48. Interrogation <strong>of</strong> people, who had applied to the foundation Komagi for help at different<br />

times, has been underway since June. New group <strong>of</strong> citizens linked with Komagi was<br />

summoned for the interrogation; their accounts are completely sequestered.<br />

65 http://humanrights.ge/index.php?a=main&pid=15491&lang=geo<br />

66 http://humanrights.ge/index.php?a=main&pid=15498&lang=geo<br />

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Based on the applications, the charity foundation <strong>of</strong> Komagi mediated citizens with Georgian<br />

emigrants who could financially assist people.<br />

Citizens, who had lost jobs on political or other grounds, or live below poverty level, applied<br />

to the foundation Komagi which got in touch with rich Georgian emigrants living abroad.<br />

<strong>The</strong> emigrants transferred certain amounts <strong>of</strong> money to the accounts <strong>of</strong> citizens. It is<br />

noteworthy that those people, who had lost jobs, received the sum equal to their monthly<br />

salaries. Funds allocated in June were immediately sequestered and account owners were<br />

summoned to various departments <strong>of</strong> the MIA for interrogation. <strong>The</strong>y were interrogated as<br />

witnesses under Article 194 <strong>of</strong> Criminal Code <strong>of</strong> Georgia that envisages punishment for<br />

money laundering.<br />

Lawyer <strong>of</strong> the foundation Komagi Shalva Shavgulidze said some <strong>of</strong> the interrogated citizens<br />

did not have sums transferred on their accounts but their accounts were sequestered. Among<br />

them was a retired person whose pension account was sequestered.<br />

Citizens, who were not allowed to enjoy this assistance, asked their relatives to receive the<br />

transferred funds to their accounts. Although it was expected that bank accounts <strong>of</strong> the<br />

relatives would also be sequestered, the damaged citizens ran risk.<br />

Impoverished Aleksandre Mshvidobadze was called to interrogation on September 7. Lawyer<br />

<strong>of</strong> the <strong>Human</strong> Rights Center Nestan Londaridze defends his rights. Aleksandre<br />

Mshvidobadze is retired person; he has old parents and a sister who is the only family<br />

member who has income. Several months ago, his sister‟s account was sequestered because <strong>of</strong><br />

her connection with the Komagi. This time, the brother applied to the charity foundation for<br />

help. <strong>The</strong> sum transferred on September 7 is still sequestered for the same charge – attempt<br />

<strong>of</strong> money laundering.<br />

Lawyer Nestan Londaridze said there are no signs <strong>of</strong> attempted money laundering in this<br />

case. According to her clarification, money laundering means to retransfer the received<br />

money for gaining percents. Consequently, this accusation is completely groundless because<br />

53


the account holders needed the money for the improvement <strong>of</strong> their social conditions.<br />

Simultaneously, they have not transferred the money to another account because it was<br />

sequestered. “<strong>The</strong> biggest violation in this case is that citizens are extremely poor and certain<br />

people assist them. However, government blocks this allowance to reach the people,” Nestan<br />

Londaridze said.<br />

<strong>The</strong> lawyer added that another violation is that citizens had not received any notifications<br />

about interrogation beforehand.<br />

Currently, accounts <strong>of</strong> all citizens linked with foundation Komagi are sequestered. 67<br />

49. Members <strong>of</strong> the Coalition Freedom <strong>of</strong> Choice got hold <strong>of</strong> a memory stick <strong>of</strong> Lanchkhuti<br />

district police <strong>of</strong>ficer Shmagi Uratadze, which contained various information and exposed<br />

blatant and illegal interference <strong>of</strong> the police in the pre-<strong>election</strong> process.<br />

<strong>The</strong>se materials prove that police watches and collects information about political opinions<br />

<strong>of</strong> local inhabitants, personal data [personal ID numbers, phone numbers] <strong>of</strong> local leaders <strong>of</strong><br />

opposition parties, public servants and their family members without relevant court<br />

sanctions.<br />

<strong>The</strong> most astonishing fact is that police <strong>of</strong>ficer had collected information about those people,<br />

who have satellite dish antennas at homes, as well as data about local opposition leaders who<br />

“supervises introduction <strong>of</strong> dish antennas in the district,” and data about “people working in<br />

the company” <strong>of</strong> Bidzina Ivanishvili, leader <strong>of</strong> the opposition political coalition Georgian<br />

Dream. We have grounded doubt that police <strong>of</strong>ficer Uratadze was performing this “hard job”<br />

based on the instruction <strong>of</strong> his leadership. If this fact is proved, it will demonstrate that law<br />

enforcement agency is performing anti-constitutional activities and implements function <strong>of</strong> a<br />

political police that serves interests <strong>of</strong> the ruling party instead the law.<br />

67 http://humanrights.ge/index.php?a=main&pid=15507&lang=geo<br />

54


We checked part <strong>of</strong> the information on the police <strong>of</strong>ficer Shmagi Uratadze„s memory stick<br />

and the collected information is valid. <strong>The</strong> Coalition has neither authority nor ability to<br />

carry out valid investigation on the police <strong>of</strong>ficer‟s activities. Consequently, the obtained<br />

material cannot be considered valid pro<strong>of</strong> <strong>of</strong> illegal activities <strong>of</strong> the police. Despite that, due<br />

to the significance <strong>of</strong> the obtained information, as well as high interest <strong>of</strong> Georgian and<br />

International community in the pre-<strong>election</strong> process, we decided to make the information<br />

public in an original form (except personal information <strong>of</strong> citizens stored in the memory<br />

stick).<br />

We appeal to the Inter-institutional Commission <strong>of</strong> the Security Council <strong>of</strong> Georgia and<br />

recommend them: due to the significance <strong>of</strong> the information stored in the memory stick, it is<br />

urgently important to timely study it. Naturally, we believe it is useless to oblige Georgian<br />

law enforcement agencies to carry out relevant investigation because abovementioned<br />

information indicates to their illegal and anti-constitutional activities. We do not have<br />

guarantees that if we hand the memory stick to them they would not erase or change the<br />

information. So, we suggest you to set up public commission with the participation <strong>of</strong><br />

nongovernmental organizations and experts which will investigate the fact and release<br />

relevant conclusion on the issue. We are ready to hand the memory stick to the commission<br />

together with all relevant information we have. 68<br />

50. Sanctions Imposed on Voters‟ League. On September 5, 2012 statement was published on<br />

the website <strong>of</strong> the State Audit Office <strong>of</strong> Georgia. According to the statement, SAO declared<br />

organization Movement Voters‟ League to be subject <strong>of</strong> the monitoring regulated by Article<br />

261 <strong>of</strong> the Organic Law <strong>of</strong> Georgia on Political Union <strong>of</strong> Citizens. Consequently, restrictions<br />

envisaged by the Organic Law were imposed on it.<br />

<strong>The</strong> decision <strong>of</strong> the SAO was motivated by publicly declared goals and purposes <strong>of</strong> the<br />

Voters‟ League, as well as their implemented activities…<br />

68 http://humanrights.ge/index.php?a=main&pid=15289&lang=geo<br />

55


<strong>The</strong> SAO statement reads that main motive <strong>of</strong> declaring Voters‟ League to be subject <strong>of</strong> the<br />

monitoring regulated by Article 261 <strong>of</strong> the Organic Law <strong>of</strong> Georgia on Political Union <strong>of</strong><br />

Citizens is goals and purposes <strong>of</strong> the organization: “to unify to liberate the country from<br />

governmental monopoly, injustice and hopelessness caused by falsification… to unify to stop<br />

government‟s supremacy over individuals, to protect personal dignity, freedom and future.”<br />

In addition to that, “Ongoing verification activities <strong>of</strong> the voters‟ lists, on which the<br />

organization spends its financial resources, are accompanied by clearly political statements<br />

that directly connect organization‟s purposes and goals with political and <strong>election</strong> purposes<br />

and activities. Public statements <strong>of</strong> politically active leaders <strong>of</strong> the Foundation demonstrate<br />

political goals <strong>of</strong> the organization as well; those people try to communicate their political and<br />

<strong>election</strong> goals with the society.”<br />

In accordance to Article 261 Part I <strong>of</strong> the Organic Law <strong>of</strong> Georgia on Political Union <strong>of</strong><br />

Citizens “restrictions envisaged for political parties in this chapter shall work for the<br />

individuals who have declared <strong>election</strong> goals and use financial and other material resources<br />

to achieve those goals.”<br />

Methodology <strong>of</strong> financial monitoring published by the SAO clarifies that “declared <strong>election</strong><br />

purpose… can be clarified as intention to influence political process, as aspiration to change<br />

or maintain political reality when desire <strong>of</strong> a concrete individual to participate and win the<br />

<strong>election</strong>s, and to come into government is evident. Thus, if a concrete individual has socalled<br />

declared <strong>election</strong> goal, his/her activities shall aim not only at influencing political<br />

processes but also has desire to participate and win <strong>election</strong>s.<br />

Relying on the abovementioned circumstances we believe that none <strong>of</strong> the motives<br />

mentioned in the statement <strong>of</strong> the SAO do not meet requirements <strong>of</strong> the Article 261 Part I <strong>of</strong><br />

the Organic Law <strong>of</strong> Georgia.<br />

56


We call upon the State Audit Office to provide more valid legal verifications and concrete<br />

facts to verify their position. Otherwise, the institution shall stop activities against<br />

Movement Voters‟ League.<br />

This fact will be reflected in the report <strong>of</strong> the <strong>Human</strong> Rights Center, which acts as a local<br />

monitoring organization <strong>of</strong> <strong>election</strong> process and this information will be forwarded to<br />

international observers and foreign embassies accredited in Georgia. 69<br />

51. From September 21 to September 25 police <strong>of</strong>ficers arrested activists <strong>of</strong> the Coalition<br />

Georgian Dream. In most cases motive was minor hooliganism.<br />

Shmagi Beridzishvili – was arrested in Sagarejo on September 21. Georgian Dream‟s<br />

majoritarian candidate in Sagarejo district Tinatin Khidasheli said several young people<br />

attended her meeting with voters in Kochlaani village; one <strong>of</strong> them took <strong>of</strong> the National<br />

Movement‟s t-shirt and dressed in Georgian Dream‟s one. “Today police alleges Shmagi<br />

Beridzishvili compelled the young man to do so; though it did not happen,” Khidasheli said.<br />

Court imposed administrative imprisonment on Beridzishvili. 70<br />

52. Georgian Dream Member Arrested By Police after Gurjaani Incident<br />

Georgian Dream member George Natroshvili, a resident <strong>of</strong> Vachnadzeani village, was<br />

arrested by Ministry <strong>of</strong> Internal Affairs (MIA) <strong>of</strong>ficials in Gurjaani. Natroshvili was accused<br />

<strong>of</strong> assaulting Mako Chitinashvili, an employee at Gurjaani district administration. 71<br />

53. On September 1, law enforcement <strong>of</strong>ficers released member <strong>of</strong> the Georgian Dream‟s<br />

Kutaisi organization Gela Goshadze several hours after detention under bail <strong>of</strong> 3 000 lari. He<br />

was accused <strong>of</strong> abuse <strong>of</strong> power.<br />

69 http://humanrights.ge/index.php?a=main&pid=15496&lang=geo<br />

70 http://medianews.ge/ge/politsiamtinakhidashelissaarchevnoshtabistsevrishmagiberidzishvilidaakava/17106<br />

71 http://humanrights.ge/index.php?a=main&pid=15219&lang=geo<br />

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<strong>The</strong> fact occurred several years ago when the Georgian Dream‟s member Goshadze was<br />

inspector-investigator <strong>of</strong> the Kutaisi division <strong>of</strong> the Imereti, Racha-Lechkhumi and Kvemo<br />

Svaneti regional department <strong>of</strong> the MIA. He has 20-year-old working experience. 72<br />

54. Georgian Dream‟s Three Activists Sentenced to 70-Day Imprisonment. On August 21,<br />

Khoni district police arrested two activists <strong>of</strong> the Coalition Georgian Dream‟s local <strong>of</strong>fice.<br />

Soso Sulava and Koba Kublashvili are accused <strong>of</strong> verbal assault <strong>of</strong> Roman Liparteliani.<br />

Roman Liparteliani works at the Khoni district public agency and he is in charge <strong>of</strong> amenities<br />

<strong>of</strong> district cemeteries. Representatives <strong>of</strong> the Georgian Dream‟s Khoni <strong>of</strong>fice state Liparteliani<br />

was suspected in the oppression on the supporters <strong>of</strong> the Georgian Dream. On that ground,<br />

Sulava and Kublashvili visited him at the <strong>of</strong>fice and requested him to stop intimidation <strong>of</strong><br />

their supporters.<br />

This fact occurred on August 17, Friday. Roman Liparteliani, victim recognized by the trial,<br />

state that he had not lodged a suit to the court. Nevertheless, the Khoni district court<br />

sentenced the detainees to 70-day imprisonment under Article 166 <strong>of</strong> the Administrative<br />

Code <strong>of</strong> Georgia. 73<br />

55. On August 19, at 11:00 am Samtredia district police <strong>of</strong>ficers detained Sergo Kiguradze,<br />

22. He is member <strong>of</strong> the public movement November 7. Currently, he supports Coalition<br />

Georgian Dream and is actively involved in the pre-<strong>election</strong> campaign <strong>of</strong> the Georgian<br />

Dream‟s majoritarian candidate in Samtredia Kakhi Kaladze.<br />

Sergo Kiguradze was Georgia‟s champion in free style and Greek-Romanian wrestling in<br />

2003-2008.<br />

Kiguradze was detained in his uncle‟s house in Samtredia. During the detention, police<br />

<strong>of</strong>ficers used force and they even beat Kiguradze‟s family members. 74<br />

72 http://humanrights.ge/index.php?a=main&pid=15458&lang=geo<br />

73 http://humanrights.ge/index.php?a=main&pid=15397&lang=geo<br />

74 http://humanrights.ge/index.php?a=main&pid=15361&lang=geo<br />

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56. During the night <strong>of</strong> August 7, 2012 people in plain clothes detained Imeda Nikuradze,<br />

Elita Burji Ltd‟s lawyer, and took him to an undisclosed location. Later it was clarified that<br />

he had been detained and was held in the main Tbilisi Police Station.<br />

On August 8, Tbilisi City Court sentenced Imeda Nikuradze to 20-day administrative<br />

imprisonment for resisting court executors during the raid <strong>of</strong> Elita Burji‟s <strong>of</strong>fice on the night<br />

<strong>of</strong> August 6. 75<br />

57. Georgian Dream‟s supporter Kristopher Jangirashvili was arrested by police in village<br />

Arguni <strong>of</strong> Dusheti district after what he was placed in Mtskheta hospital. Right now he is in<br />

the intensive care unit.<br />

“ Dusheti police <strong>of</strong>ficers arrested Jangirashvili two days after his meeting with us.<br />

Jangirashvili was in preliminary detention setting in Dusheti. He was taken to a hospital by<br />

police. This fact is confirmed by the hospital personnel. Right now Kristophor Jangirashvili is<br />

in hospital. His ward is guarded by security <strong>of</strong>ficers. We were not allowed to see him. <strong>The</strong><br />

doctor said he has high blood pressure, but people with blood pressure <strong>of</strong> 150-100 are not<br />

generally placed in intensive care unit. Supposedly, he was physically abused. We cannot<br />

confirm or rule out anything because we were not allowed to see him. As for the second<br />

detainee, Janguli Jangirashvili, he was arrested for minor hooliganism. He already talked<br />

with a lawyer. Jangul Jangirashvili said he was arrested for political motives and does not<br />

plead guilty,” Tevdore Kariauli head <strong>of</strong> Georgian Dream‟s Dusheti <strong>of</strong>fice told Information<br />

Centre <strong>of</strong> Mtskheta-Mtianeti.<br />

Georgian Dream‟s supporters Kristopher and Jangul Jangirashvilis were arrested by MIA<br />

Dusheti police <strong>of</strong>ficers in Arguni village on August 12. 76<br />

75 http://humanrights.ge/index.php?a=main&pid=15324&lang=geo<br />

76 http://humanrights.ge/index.php?a=main&pid=15325&lang=geo<br />

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58. Zaza Khatiashvili chairmen <strong>of</strong> the Georgian Bar Association and lawyer Gela<br />

Nikolasivhvili member <strong>of</strong> the association stated at the press conference that Lawyer<br />

Irma Chkadua‟s son was arrested on political grounds because <strong>of</strong> her mother‟s<br />

activities.<br />

As Gela Nikolasivhili and Zaza Khatiashvili mentioned Irma Chkadua took part in a serious<br />

and well known cases and defended donators <strong>of</strong> the political coalition Georgian Dream and<br />

fund Cartu. It became reason <strong>of</strong> arresting her 21 year old son Anri Jokhadze.<br />

According to Gela Nikolaishvili Irma Chkadua‟s son was taken by police on August 26 from<br />

his house under the charge <strong>of</strong> the crime envisaged by Article 260 Part I <strong>of</strong> the Criminal Code<br />

that concerns drug-abuse. 77<br />

59. Members <strong>of</strong> Georgian Dream Arrested in Kvareli. On September 4, Levan Khutsishvili<br />

and Zaza Rostiashvili-the members <strong>of</strong> the coalition Georgian Dream were arrested in Kvareli<br />

late at night. <strong>The</strong> police charged them for minor hooliganism.<br />

As Levan Khutsishvili‟s sister Nino Khutsishvili- INFO 9 journalist, told Information Centre<br />

<strong>of</strong> Kakheti both members <strong>of</strong> the Georgian Dream were arrested groundlessly for the political<br />

reason. 78<br />

60. On September 8, Chkhorotsku Court sentenced Edem Kvaratskhelia- Georgian Dream‟s<br />

activist to 35 days administrative imprisonment. Edem Kvaratskhelia was charged under<br />

Article 166 (minor hooliganism) <strong>of</strong> the Administrative Code <strong>of</strong> Georgia. 79<br />

61. Levan Nuskhelidze – was arrested in Telavi district on September 21. “Activist <strong>of</strong> the<br />

National Movement sued Levan at police. <strong>The</strong>y are palls. National Movement‟s activist<br />

insulted everybody who was going to vote for the Georgian Dream. Levan could not stand it<br />

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and slapped him. <strong>The</strong> former went and sued him for physical assault. Police immediately<br />

arrested Levan. Trial was held so that nobody was informed about it. <strong>The</strong>y could impose 400<br />

lari fine on him but instead he was sent to prison for 20 days,” Georgian Dream‟s zone<br />

coordinator Zurab Nuskhelidze told ICK. 80<br />

62. Givi Nanobashvili was arrested in Tsnori, Signagi district on September 22. “Givi<br />

Nanobashvili was walking in the street together with two young men when police car<br />

approached them and <strong>of</strong>ficers demanded them to get into the car. <strong>The</strong> young men ran away<br />

but police <strong>of</strong>ficers forcibly pushed Givi Nanobashvili into the car,” head <strong>of</strong> Georgian Dream‟s<br />

Signagi <strong>of</strong>fice Zviad Jankarashvili told ICK. Signagi court found Nanobashvili guilty in minor<br />

hooliganism and fined him with 100 lari. 81<br />

63. Ushangi Napireli – was arrested in Vachnadzeani village, Gurjaani district by patrol<br />

police <strong>of</strong>ficers on September 22. Patrol police <strong>of</strong>ficer Nikoloz Sazanishvili, author <strong>of</strong> the law<br />

violation protocol, alleged Ushangi Napireli was using foal language in the street and caused<br />

public disorder for what he had to arrest him. On September 22, Judge Nana Chalatashvili at<br />

Gurjaani district court found Ushangi Napireli guilty under administrative law and sent him<br />

to prison for 40 days. 82<br />

64. Shamil Rasulov – was arrested in Chantliskure village, Kvareli district on September 24.<br />

“Patrol police arrested my husband in front <strong>of</strong> our neighbor‟s house. <strong>The</strong>y did not explain the<br />

reason. Initially they hid the information from us and then they said he was taken to Kvareli<br />

police. He was arrested because he supports Georgian Dream; he has not done anything<br />

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wrong,” detainee‟s wife Khalisa Magamedov told ICK. Kvareli district court found Shamil<br />

Rasulov guilty under administrative law and sentenced him to 60 days imprisonment. 83<br />

65. Domenti Zuroshvili – was arrested in Nasamkhrali village in Telavi district on September<br />

24. He pasted <strong>election</strong> posters <strong>of</strong> the Georgian Dream‟s majoritarian candidate in the village<br />

and then he was in village center together with his friends. Suddenly, village attorney<br />

Gremelashvili and criminal police <strong>of</strong>ficer approached them, grabbed Zuroshvili and took him<br />

away. Zuroshvili was asking him reason <strong>of</strong> his detention but they did not clarify anything.<br />

<strong>The</strong> lawyer was looking for him everywhere all day long but could not find. Meanwhile,<br />

they held secret trial without lawyer,” representatives <strong>of</strong> the Georgian Dream‟s Telavi <strong>of</strong>fice<br />

told ICK. Telavi district court found 29-year-old Domenti Zuroshvili guilty under<br />

administrative law and sent him to prison for 60 days. 84<br />

66. Shota Khutsishvili – was arrested in Tsnori in Signagi district on September 24. Police<br />

blamed him in minor hooliganism. However, Signagi district <strong>of</strong>fice <strong>of</strong> the MIA did not clarify<br />

to ICK what minor hooliganism he had committed. Court sent Khutsishvili to prison for 40<br />

days under administrative law. 85<br />

67. MIA reports about arrest <strong>of</strong> several people in Kareli and Khasuri. According to the<br />

information published on the MIA website, Kareli Regional Police <strong>of</strong>ficers detained Zviad<br />

Imerlishvili and Ilia Kelekhsashvili for disobedience to the police under the article 173<br />

envisaged by the Administrative Violations Code <strong>of</strong> Georgia.<br />

Zviad Imerlishvili was driving a car without seat belts. He was stopped by police <strong>of</strong>ficers who<br />

informed him that he was fined for the administrative violation. After Imerlishvili and<br />

Kelekhsashvili were provided with the mentioned information they verbally assaulted police<br />

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<strong>of</strong>ficers, disobeyed and <strong>of</strong>fered resistance as a result <strong>of</strong> which they were detained. <strong>The</strong>y were<br />

arrested under administrative law.<br />

MIA also arrested Iago Kitiashvili and Giorgi Nozadze.<br />

“Khashuri Regional Police Division <strong>of</strong>ficers detained Iago Kitiashvili and Giorgi Nozadze<br />

who were detained for disobedience to the police under the article 173 envisaged by the<br />

Administrative Violations Code <strong>of</strong> Georgia. <strong>The</strong> car Vaz-2106 owned by Iago Kitiashvili was<br />

stopped by police on 10th km sector <strong>of</strong> Gomi-Sachkhere highway for violating safety rules.<br />

<strong>The</strong> driver and passenger refused to submit documents to the police and verbally assaulted<br />

them as a result <strong>of</strong> which they were,” MIA reports.<br />

MIA also reports about detention <strong>of</strong> several other people in Shida Kartli. 86<br />

68. World Champion and Activist <strong>of</strong> the Georgian Dream Mamuka Jananashvili Arrested.<br />

Mamuka Jananashvili, an activist and head <strong>of</strong> mobile groups, was arrested in Khovle village<br />

in Kaspi. Interpresnews‟ correspondent reports that Jananashvili was arrested in his house.<br />

His father Pavle Jananashvili said that on September 23 at 06:00 am about 15 police <strong>of</strong>ficers<br />

burst into their house and started search procedures. 87<br />

69. Nikoloz Kikilashvili – was arrested in Tsnori on September 24. Representative <strong>of</strong> the<br />

news agency info9.com.ge controlled by UNM Natia Mirianashvili sued him at police. She<br />

said Nikoloz Kikilashvili had physically assaulted her during video-coverage and injured her<br />

hand. Court found Kikilashvili guilty in minor hooliganism and sent to prison for 40 days. 88<br />

70. Nika Gogilashvili – was arrested in Gurjaani district on September 25. “He was going to<br />

the Georgian Dream‟s assembly in Gurjaani; police stopped and arrested him. During<br />

detention he was injured in the shoulder. Police <strong>of</strong>ficers initially took him to Gurjaani<br />

medical center for treatment and then to police station,” Zura Chikvaidze from the Georgian<br />

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Dream‟s Gurjaani <strong>of</strong>fice told ICK. Gurjaani district court found Nika Gogilashvili, 25, guilty<br />

under administrative law and sent to prison for 50 days. 89<br />

71. Valerian Tamazashvili – was arrested in Kalauri village, Gurjaani district on September<br />

25. “He was arrested in the village, half an hour before the [Georgian Dream‟s] assembly,”<br />

Zurab Chikvaidze <strong>of</strong> the Georgian Dream‟s Gurjaani <strong>of</strong>fice told ICK. Gurjaani district court<br />

found Valerian Tamazashvili, 27, guilty under administrative law and sent to prison for 40<br />

days. 90<br />

72. Natik Rasulov was arrested in Iormuganlo village, Sagarejo district on September 25.<br />

Rasulov is member <strong>of</strong> the precinct <strong>election</strong> commission from the Georgian Dream in the<br />

village. Police accused him <strong>of</strong> disobedience. Sagarejo <strong>of</strong>fice <strong>of</strong> the MIA did not clarify what<br />

exactly he had committed. Court found Rasulov guilty under administrative law and sent to<br />

prison for 40 days. Police arrested Rasulov in August too; then he served 15 days in prison.<br />

Before taking to the detention setting, police <strong>of</strong>ficers ruthlessly beat him in Melaani forest. 91<br />

73. Zakaria Gagniashvili – was arrested in Tskarostavi in Sagarejo district on September 25.<br />

Police accused him <strong>of</strong> minor hooliganism. “On September 24, Zakaria spent whole day with<br />

me in Tbilisi; we were at the assembly in front <strong>of</strong> the CEC. On September 25, he was arrested<br />

at the petrol station at 10:00 am. <strong>The</strong>y blamed him in cursing them on the previous night and<br />

I wonder where this incident happened? All TV-Channels have recorded that he was in front<br />

<strong>of</strong> CEC <strong>of</strong>fice in Tbilisi together with me,” Tinatin Khidasheli, majoritarian candidate <strong>of</strong> the<br />

Georgian Dream told ICK. Zakaria Gagniashvili will spend 40 days in prison. 92<br />

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74. Nugzar Kapanadze – was arrested by Lagodekhi district police <strong>of</strong>ficers on September 25.<br />

Head <strong>of</strong> Georgian Dream‟s Lagodekhi <strong>of</strong>fice Gaga Gambashidze told ICK that law<br />

enforcement <strong>of</strong>ficers had arrested Nugzar Kapanadze because Apeni village residents met<br />

prime-minister Vano Merabishvili with shouting. Kapanadze is coordinator <strong>of</strong> this zone; next<br />

day he was arrested for disobedience,” Gambashidze said. Gurjaani district court imposed 60-<br />

day administrative imprisonment on Nugzar Kapanadze. He is serving his term in Kvareli<br />

detention setting. 93<br />

75. Ilia Suliashvili – was arrested in Chalaubani village on September 26 for pasting Georgian<br />

Dream‟s posters in the village. Suliashvili told ICK that he was released several minutes after<br />

detention. Police first arrested him on July 1 when he participated in the pre-<strong>election</strong><br />

program “Door to Door.” He was accused <strong>of</strong> minor hooliganism and court put him in prison<br />

for 35 days in July. Ilia Suliashvili had injuries on the body. Giorgi and Lali Pridonashvilis<br />

from Chalaubani village had sued him; they are relatives <strong>of</strong> the former regional governor and<br />

current National Movement‟s majoritiarian candidate in Gurjaani Giorgi Gviniashvili. Ilia<br />

Suliashvili left prison on August 5. During his imprisonment his father died because <strong>of</strong><br />

nervous palsy; Ilia Suliashvili was taken to the funeral handcuffed for several minutes. 94<br />

76. On September 23 Georgian Dream activists Gizo Tsatsua and Goderdzi Shonia were<br />

arrested by police for violating the administrative code. Majoritarian candidate in Poti from<br />

Georgian Dream Eka Beselia held a briefing were she talked about planned provocations<br />

from the government.<br />

77. Zugdidi City Court imposed 40-day administrative imprisonment on Kakha Zhorzholiani<br />

– Georgian Dream‟s representative in Mestia District Election Commission.<br />

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His wife, human rights defender Nina Khatiskatsi told Interpresnews that court hearing<br />

lasted 2 hours and Judge David Kekenadze finished it without questioning witnesses and<br />

discussing the solicitations <strong>of</strong> the defense side.<br />

Khatiskatsi says her husband was accused <strong>of</strong> verbal assault <strong>of</strong> the CEC representative but<br />

Zhorzholiani denies the allegation. “<strong>The</strong>refore we believe that the judgment <strong>of</strong> the Zugidi<br />

City Court is politically grounded. We will appeal it at the Appeal Court tomorrow,”<br />

Khatiskatsi said.<br />

Law enforcement <strong>of</strong>ficers arrested Kakha Zhorzholiani on September 23. As for motive <strong>of</strong> his<br />

detention, as Khatiskatsi said, Zhorzholiani was arrested based on the complaint <strong>of</strong><br />

Sopromadze, CEC representative in Mestia DEC; several days ago Zhorzholiani and<br />

Sopromadze had an argument.<br />

“Kakha represents Georgian Dream in Mestia DEC. Several days ago he quarreled with<br />

Sopromadze, a CEC representative; they argued about opening 200-member special polling<br />

station in Mestia when there had never been military bases there. It was attempt to add 200<br />

more votes in Mestia via military precinct. By the way, based on the fair decision <strong>of</strong> the CEC,<br />

this polling station was cancelled. Kakha and Sopromadze had argument on this issue though<br />

they did not assault each other. Sopromadze wrote complaint on this fact and blamed Kakha<br />

in hindering the ongoing session,” Nina Khatiskatsi said. 95<br />

Transparency International Georgia is responding to the administrative detention <strong>of</strong> several<br />

people on alleged political grounds that took place during the last few days. It is worrying<br />

that the arrests do not seem to have been based on solid or reliable evidence. <strong>The</strong>se<br />

questionable arrests give us reason to suspect that certain politically active people are being<br />

intentionally targeted and removed from the ongoing electoral process.<br />

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Instances <strong>of</strong> questionable arrests include:<br />

On September 21, four individuals - David Patsatsia, Zurab Meskhia, Shota Bazerashvili, and<br />

Constantine Labartkava - were arrested for committing an administrative <strong>of</strong>fence. <strong>The</strong> four<br />

<strong>of</strong> them were indicted under Article 173 <strong>of</strong> the Code <strong>of</strong> Administrative Offences <strong>of</strong> Georgia.<br />

Patsatsia and Meskhia have already been sentenced to 40 days <strong>of</strong> administrative detention.<br />

On September 22, the Ministry <strong>of</strong> Internal Affairs detained civil activists Dachi Tsaguria and<br />

Bekar Aladoshvili. <strong>The</strong>y were sentenced to 10 days <strong>of</strong> administrative detention. Against the<br />

background <strong>of</strong> recent developments in Georgia, and taking into account that Dachi Tsaguria<br />

was actively involved in organizing the youth protests, the arrest <strong>of</strong> the latter raises further<br />

suspicions. We believe that such actions, especially when they occur in the pre-<strong>election</strong><br />

period, are clearly politically motivated. Furthermore, before being arrested, Dachi Tsaguria<br />

had scheduled a meeting with NGOs in the Transparency International Georgia <strong>of</strong>fice.<br />

Kakha Zhorzholiani, a Georgian Dream representative in Mestia precinct, was also detained<br />

today. He was arrested on the basis <strong>of</strong> a complaint by CEC representative Archil Sopromadze,<br />

who maintained that Zhorzholiani had a got into a fight and disrupted the functioning <strong>of</strong> the<br />

Commission on September 20. However, four members <strong>of</strong> the commission, as well as several<br />

other eyewitnesses, told us that no such instance <strong>of</strong> fighting or other hooligan activity had<br />

taken place. According to them, there was only a loud argument and a quarrel. Our<br />

information suggests that the basis for this particular administrative detention was petty<br />

hooliganism, which is punishable under Article 166 <strong>of</strong> the Code <strong>of</strong> Administrative Offences<br />

<strong>of</strong> Georgia, and which leads to the imposition <strong>of</strong> a penalty <strong>of</strong> GEL 100 or administrative<br />

custody for up to 90 days. However, regarding the activities <strong>of</strong> the <strong>election</strong> administration,<br />

the Election Code <strong>of</strong> Georgia provides for appropriate measures in this situation, including<br />

allowing the administration to expel from the meeting any person disrupting order<br />

(paragraphs 15 and 18 <strong>of</strong> Article 8 <strong>of</strong> the Election Code). <strong>The</strong>refore, it was improper to apply<br />

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the Code <strong>of</strong> Administrative Offences in a case which was regulated by a law <strong>of</strong> a higher<br />

hierarchical order, namely the Election Code. 96<br />

Statement <strong>of</strong> <strong>Human</strong> Rights Center about the Recent Detention <strong>of</strong> <strong>Human</strong> Rights Defenders<br />

and Activists: <strong>Human</strong> Rights Center condemns the detention <strong>of</strong> human rights defenders<br />

Dachi Tsaguria and Beka Aladoshvili, as well as members <strong>of</strong> the political coalition Georgian<br />

Dream over the past few days.<br />

We believe that the government‟s repression <strong>of</strong> human rights defenders and politically active<br />

citizens, particularly at a time <strong>of</strong> obvious political crisis in the country, exceeds all<br />

boundaries.<br />

Instead <strong>of</strong> seeking lawful solutions to the political deadlock in order that fair <strong>election</strong>s might<br />

take place on October 1, the government is further complicating an already tense political<br />

environment.<br />

We consider the recent incidents <strong>of</strong> detention and physical violence against peaceful citizens<br />

as a continuation <strong>of</strong> the government‟s policy which caused horrible and unbearable<br />

conditions in penitentiary institutions. Recent repeated incidents <strong>of</strong> violence convince us<br />

that the government <strong>of</strong> Georgia cannot realize the importance <strong>of</strong> the shocking video-footage<br />

and is not going to eradicate illegality in the country.<br />

In addition, <strong>Human</strong> Rights Center points out that whilst pre-<strong>election</strong> processes were carried<br />

out at the edge <strong>of</strong> illegality until now, the recent facts prove that there is a real threat that<br />

this process will now definitively become an illegal one, making the <strong>election</strong>s useless.<br />

Recent facts compel us to doubt the government‟s desire to hold <strong>election</strong>s on the fixed day in<br />

a peaceful and fair environment.<br />

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Due to the aforementioned circumstances, we demand that the government immediately<br />

release detainees and conduct the <strong>election</strong> process within a legal framework. Otherwise, we,<br />

as a local observation organization, together with our partner organizations, will use all legal<br />

means <strong>of</strong> protest at our disposal; we will provide foreign observation organizations, various<br />

international organizations and embassies with detailed information and relevant complaints<br />

on the observed violations. 97<br />

Cases <strong>of</strong> the use <strong>of</strong> financial resources and government regulations<br />

1. Soldiers ordered to bring 5 people to the National Movement‟s assembly in Telavi On<br />

September 8, United National Movement held assemblies in 11 cities <strong>of</strong> Georgia. <strong>The</strong>y held<br />

assembly in Telavi too. In connection with this fact, soldiers were released from the battalion<br />

<strong>of</strong> the Defense Ministry for one day. <strong>The</strong>y were ordered to bring 5 people from their<br />

neighborhood to the UNM assembly. “<strong>The</strong>y released me this morning for one day. <strong>The</strong><br />

commander told us to gather five people each for the National Movement‟s assembly in<br />

Telavi this evening. I had to collect people in my district and others in their districts,” a<br />

soldier told ICK. Expert <strong>of</strong> <strong>election</strong> issues Nina Khatiskatsi said soldiers, as well as police<br />

<strong>of</strong>ficers and <strong>of</strong>ficers <strong>of</strong> the MIA in general, are forbidden to participate in the pre-<strong>election</strong><br />

meetings. 98<br />

2. Police <strong>of</strong>ficers at the National Movement‟s assembly In accordance to the Article 45 <strong>of</strong> the<br />

Election Code <strong>of</strong> Georgia, <strong>of</strong>ficers <strong>of</strong> the Ministry <strong>of</strong> Internal Affairs <strong>of</strong> Georgia, Ministry <strong>of</strong><br />

Defense, Prosecutor‟s Office, Georgian Intelligence Service and Special State Protection<br />

Service are prohibited to agitate or participate in the pre-<strong>election</strong> campaign. Despite that,<br />

<strong>of</strong>ficers <strong>of</strong> the Kakheti main regional department <strong>of</strong> MIA and military police <strong>of</strong>ficers<br />

attended the assembly <strong>of</strong> the National Movement in Telavi on September 8. Information<br />

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Centre <strong>of</strong> Kakheti detected <strong>of</strong>ficers <strong>of</strong> Gurjaani district police -Levan Maisuradze, Gocha<br />

Sibashvili –the deputy head <strong>of</strong> police, Shota Bejanishvili- deputy head <strong>of</strong> Kakheti main<br />

regional department <strong>of</strong> MIA, Mamuka Sologhashvili- military police <strong>of</strong>ficer at the assembly.<br />

<strong>The</strong>y were dressed in civil clothes and were not implementing their <strong>of</strong>ficial duties. Many<br />

policemen were near the theatre during the assembly where many people were gathered to<br />

meet <strong>Pre</strong>sident Mikheil Saakashvili. <strong>The</strong>re were a lot <strong>of</strong> police <strong>of</strong>ficers dressed in uniforms<br />

during the assembly. Nina Khatiskatsi-expert <strong>of</strong> <strong>election</strong> issues said that Article 79 <strong>of</strong> the<br />

Election Code envisages punishment for breaching this law and similar action is punished<br />

with fine <strong>of</strong> 2 000 lari. CEC has not started study <strong>of</strong> this case. 99<br />

3. 367 public servants on holiday in Kakheti during pre-<strong>election</strong> period Employees <strong>of</strong> district<br />

administrations and municipal boards in Kakheti region went on holidays during the pre<strong>election</strong><br />

period. Most <strong>of</strong> them are on paid holidays and they participate in the pre-<strong>election</strong><br />

campaign <strong>of</strong> the National Movement. 38 employees <strong>of</strong> the Dedoplistskaro district<br />

administration were on holiday from August 1 to September 7 in 2012; 57 employees <strong>of</strong> the<br />

Gurjaani district administration and 23 employees <strong>of</strong> the Kvareli district administration went<br />

on holiday; in total 367 employees <strong>of</strong> the local administrations are on holidays in Kakheti.<br />

Holidays <strong>of</strong> most <strong>of</strong> them finish on October 2, next day <strong>of</strong> the Parliamentary Election.<br />

District governors, their deputies, heads <strong>of</strong> <strong>of</strong>fices, specialists, lawyers, attorneys <strong>of</strong> territorial<br />

entities and specialists are also on holidays; they had signed labor contracts just two months<br />

ago. Five district governors and 5 chairmen <strong>of</strong> the municipal boards from 8 districts <strong>of</strong><br />

Kakheti region are on holiday. Akhmeta district governor Koba Maisuradze has been on<br />

holiday for more than 1 month; chairman <strong>of</strong> the municipal board Aleksi Mailashvili took 1-<br />

month holiday on September 3. Two weeks ago, Lagodekhi district governor Dimitri Loladze<br />

also went on holiday till October 2. Former chairman <strong>of</strong> the Lagodekhi municipal board<br />

Giorgi Gozalishvili resigned on August 23; he is UNM‟s majoritiarian candidate in Lagodekhi.<br />

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Sagarejo district former governor Gia Chalatashvili is also majoritarian candidate <strong>of</strong> the<br />

ruling party; Shalva Jabadari implements his functions now. Chairman <strong>of</strong> the Sagarejo<br />

municipal board Ilia Chiaureli has been on holiday since September 2 and he participates in<br />

Gia Chalatashvili‟s pre-<strong>election</strong> campaign. Dedoplistskaro district governor Nikoloz<br />

Shanshiashvili, his deputy Aleksandre Alugishvili and chairman <strong>of</strong> the municipal board<br />

Levan Bagashvili are also on holiday. Chairman <strong>of</strong> the Gurjaani municipal board Zakaria<br />

Iaganashvili, district governor Davit Meskhishvili and his deputy Davit Bezhashvili are also<br />

on holiday. Zakaria Iaganashvili is head <strong>of</strong> Giorgi Gviniashvili‟s <strong>election</strong> HQ who is UNM‟s<br />

majoritarian candidate in Gurjaani. Telavi district governor Nugzar Khutsaidze also intends<br />

to take a holiday. “I will take holiday from September 15 and will participate in the preeleciton<br />

campaign,” Telavi district governor told ICK. “I am not on holiday yet but will soon<br />

go,” Kvareli district governor Beso Zandarashvili said. Directors and personnel <strong>of</strong> the budget<br />

funded organizations are also on holidays. <strong>The</strong>y also participate in the National Movement‟s<br />

pre-<strong>election</strong> campaign. In accordance to the Election Code, public servant shall not<br />

participate in the <strong>election</strong> agitation <strong>of</strong> any candidate except holiday, weekends or nonworking<br />

hours. 100<br />

4. Myakhmeta.ge for party purposes On September 6, Georgian Young Lawyers Association<br />

blamed Akhmeta district governor Koba Maisuradze and head <strong>of</strong> Akhmeta Information<br />

Center Omar Marukashvili in the violation <strong>of</strong> the requirements <strong>of</strong> the Election Code.<br />

GYLA demands to fine Marukashvili with 2 000 lari and responsibility <strong>of</strong> the Akhmeta<br />

district governor. GYLA evaluated that coverage <strong>of</strong> the activities <strong>of</strong> the United National<br />

Movement on the websites <strong>of</strong> the regional self-governmental agencies has turned into<br />

an alarming trend. To demonstrate the law-violation the GYLA listed several examples<br />

including the materials published on the website <strong>of</strong> the Akhmeta Information Center<br />

myakhmeta.ge. “Information published on the Akhmeta district website agitates<br />

against the Georgian Dream and demonstrates sympathy towards the ruling party. <strong>The</strong><br />

100 http://www.humanrights.ge/index.php?a=main&pid=15559&lang=geo<br />

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titles <strong>of</strong> the press-releases published on the Akhmeta district website are the following:<br />

Provocation <strong>of</strong> the dreamers; Candidate <strong>of</strong> the UNM for the position <strong>of</strong> Akhmeta<br />

majoritarian MP continues meeting with population; <strong>The</strong> Georgian Dream‟s briefing in<br />

Akhmeta aimed at misleading the public; <strong>The</strong> Georgian Dream‟s soviet nostalgia; Head<br />

<strong>of</strong> the political union Georgian Dream‟s <strong>of</strong>fice in Akhmeta, Temur Goderdzishvili does<br />

not remember Russian aggression; Local population who had arrived at the meeting did<br />

not hide their interest in the Georgian Dream‟s money; Most <strong>of</strong> the population<br />

surveyed still expresses their confidence in Petre Tsiskarishvili; Petre Tsiskarishvili is<br />

again the candidate <strong>of</strong> the UNM for the position <strong>of</strong> Akhmeta majoritarian MP; Majority<br />

<strong>of</strong> Ozhio‟s population believes that Temur Goderdzishvili joining the Georgian Dream<br />

is related to his business interests; Who is the head <strong>of</strong> the Georgian Dream‟s <strong>of</strong>fice in<br />

Akhmeta?! What Teimuraz Goderdzishvili is going to say to the voters who elected<br />

them when he was a candidate <strong>of</strong> the UNM and declared their trust to him. Article 48<br />

<strong>of</strong> the Georgian Election Code prohibits use <strong>of</strong> means <strong>of</strong> communication and<br />

information service <strong>of</strong> local self-government agencies in favor <strong>of</strong> or against an <strong>election</strong><br />

subject. Article 49 <strong>of</strong> the Election Code prohibits pre-<strong>election</strong> agitation while<br />

performing <strong>of</strong>ficial functions. <strong>The</strong>refore, we believe that the responsible <strong>of</strong>ficials <strong>of</strong> the<br />

municipalities below violate these requirements <strong>of</strong> the Election Code, which is<br />

punishable by fine in the amount <strong>of</strong> GEL 2000 as administrative liability. Further, it is<br />

expedient to impose disciplinary responsibility on persons involved for their failure to<br />

duly perform their <strong>of</strong>ficial duties and for behaving in a way that discredits the agency.<br />

GYLA believes that for publication <strong>of</strong> materials with clear agitation content on the<br />

website <strong>of</strong> Akhmeta Municipality a number <strong>of</strong> times, Gamgebeli <strong>of</strong> the municipality<br />

must be held liable,” chairperson <strong>of</strong> the GYLA Tamar Chugoshvili said. Akhmeta<br />

Information Center was founded based on the Akhmeta municipal board in August <strong>of</strong><br />

2009. Its legal form is non-pr<strong>of</strong>it, non-commercial legal entity. Akhmeta Information<br />

72


Center gets funds from the Akhmeta district budget. In 2012 it received 30 000 lari<br />

from the local budget. 101<br />

5. Implementation <strong>of</strong> the activities funded from the local budget by the workers dressed in<br />

National Movement‟s t-shirts On September 2, Employees <strong>of</strong> Ltd Gareganateba<br />

[outdoor illumination] work dressed in the National Movement‟s t-shirts in Telavi. <strong>The</strong><br />

Ltd is financed with 100 000 lari from the local budget. As Irine Urushadze-the lawyer<br />

<strong>of</strong> Transparency International - Georgia told ICK it is abuse the administrative<br />

resources and bribery <strong>of</strong> voters. Kakha Azikuri-the director <strong>of</strong> Ltd told ICK that his<br />

employees support the National Movement and he cannot prohibit them to wear the<br />

party‟s <strong>election</strong> t-shirts. 102<br />

6. <strong>The</strong> number <strong>of</strong> employees has increased in Mtskheta district administration – Number <strong>of</strong><br />

employees has increased in Mtskheta district administration before <strong>election</strong>s. District<br />

governor Teimuraz Abashidze has four deputies instead two and district territorial<br />

authorities have 22 more specialists. In 2010 -225 people worked at the Mtskheta district<br />

administration; in 2011 230; in January <strong>of</strong> 2012- 253 and in July <strong>of</strong> 2012- 264 people.<br />

Numbers <strong>of</strong> employees are also increased in territorial entities <strong>of</strong> villages in Mtshketa district.<br />

<strong>The</strong>re are 24 territorial authorities in Mtshketa district. In 2011 42 specialists were working<br />

in territorial entities; in January <strong>of</strong> 2012 – 56 people and in July <strong>of</strong> 2012 – 63 people.<br />

Specialists were added to following territorial authorities: Agdomliantkari, Natakhtari,<br />

Tsikhisdziri, Ksani, Ksovrisi, Saguramo, Mukhrani, Tskhvarichamia, old Kanda, and<br />

Misaktsieli. Information centre <strong>of</strong> Mtshketa- Mtianeti didn‟t get answer about its question<br />

why number <strong>of</strong> deputy governors and specialists <strong>of</strong> territorial entities had increased. “I am on<br />

a holiday and don‟t want to talk about work right now,” Mtskheta district governor<br />

Teimuraz Abashidze told ICMM. Givi Maisuradze who is performing governor‟s duties didn‟t<br />

101 http://www.humanrights.ge/index.php?a=main&pid=15559&lang=geo<br />

102 http://www.youtube.com/watchv=dTDTFrhEGAM&feature=player_embedded<br />

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answer our questions either. Attorneys <strong>of</strong> territorial entities are also on holiday till October<br />

2. <strong>The</strong>y participate in the pre-<strong>election</strong> campaign <strong>of</strong> the National-Movement. 103<br />

7.On September 24, 2012 CEC passed resolution on the regulation <strong>of</strong> photo and video footage<br />

in polling stations on the Election Day.<strong>The</strong>se regulations restrict photo-video footage. We<br />

believe this resolution contradicts the Article 8 Part 25 <strong>of</strong> the Election Code <strong>of</strong> Georgia<br />

which does not contain any restrictions for photo-video recording in polling stations on the<br />

Election Day. 104<br />

IFJ Calls for Guarantees on <strong>Pre</strong>ss Freedom ahead <strong>of</strong> Elections in Georgia<br />

<strong>The</strong> International Federation <strong>of</strong> Journalists (IFJ) today called on the authorities in Georgia to<br />

guarantee independence <strong>of</strong> media ahead <strong>of</strong> the general <strong>election</strong>s due to take place on 1<br />

October.<br />

"Past <strong>election</strong>s in Georgia have been marred by attempts to control media and obstruct<br />

independent reporting, "said IFJ <strong>Pre</strong>sident, Jim Boumelha. "<strong>The</strong>re is now an opportunity for<br />

the government to demonstrate its commitment to open governance and democratic rule by<br />

allowing journalists to operate freely and safely during the pre-<strong>election</strong> period."<br />

According to the Independent Association <strong>of</strong> Georgian Journalists (IAGJ), an IFJ affiliate,<br />

there have been nearly fifty cases <strong>of</strong> harassment, threats or attacks against journalists since<br />

the middle <strong>of</strong> last year 2011. Many private media outlets were simply prevented from<br />

operating. <strong>The</strong> IFJ is concerned by reports <strong>of</strong> the government's measures to limit the freedom<br />

<strong>of</strong> journalists during the <strong>election</strong>s by imposing restricted areas for reporters.<br />

In recent months, the Government attempted also to obstruct activities <strong>of</strong> independent<br />

media outlets with the modification <strong>of</strong> the tender process for press distribution booths in the<br />

capital city and the dismantling <strong>of</strong> satellite antennas <strong>of</strong> private companies, reports say.<br />

<strong>The</strong> situation <strong>of</strong> press freedom further deteriorated with the violent police crackdown <strong>of</strong> the<br />

opposition protest rally in May 2011 as well as the arrest in the last July 2012 <strong>of</strong> photo<br />

103 http://www.humanrights.ge/index.php?a=main&pid=15571&lang=geo<br />

104 http://cesko.ge/files/2012/DADGENILEBA/d_42.pdf<br />

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eporters for alleged "espionage". Journalists were beaten and their pr<strong>of</strong>essional equipment<br />

was intentionally destroyed.<br />

<strong>The</strong> IFJ says that these incidents undermine freedom <strong>of</strong> speech and freedom <strong>of</strong> expression.<br />

"Media clampdown is always misguided and counterproductive," added Boumelha. „<br />

Democracy will not take hold in Georgia unless the authorities wise up to the reality that<br />

journalism is a public good and create an environment which is conducive to independent<br />

reporting."<br />

<strong>The</strong> IAGJ has also condemned media repression in Georgia, describing it as a violation <strong>of</strong> the<br />

Georgian public's right to information. 105<br />

8. 40 liters <strong>of</strong> wine from National Movement –On September 21, wine <strong>of</strong> state enterprise<br />

Gruzgvinprom [wine-producing company] was distributed in Chumlaki village in the<br />

families victimized by natural disaster. Attorney <strong>of</strong> territorial entity Abo Kasrelishvili said<br />

the families victimized by natural disaster received wine from the Ministry <strong>of</strong> Agriculture.<br />

Gurjaani based company Gruzvinprom is state enterprise and they have been purchasing<br />

grapes from local peasants for several years already. Village governor‟s son and National<br />

Movement‟s activists were distributing wine in the village. In parallel to it, activists <strong>of</strong> the<br />

ruling party carried out agitation in support <strong>of</strong> the UNM. Video-recording <strong>of</strong> this fact<br />

irritated specialist <strong>of</strong> the Chumlaki village territorial entity Ioram Ortoidze. First he hit the<br />

camera and then insulted journalists. 106<br />

9. Public servants at the assembly during working hours – on September 24, at 5:00 pm<br />

<strong>Pre</strong>sident <strong>of</strong> Georgia Mikheil Saakashvili, prime-minister Vano Merabishvili, chairman <strong>of</strong> the<br />

parliament Davit Bakradze met supporters <strong>of</strong> the National Movement in Gurjaani. <strong>Pre</strong>sident<br />

nominated the majoritarian candidates <strong>of</strong> the National Movement in Kakheti region to the<br />

gathered people, mostly pupils <strong>of</strong> the local public schools. Attorney <strong>of</strong> Chalaubani village<br />

105 http://humanrights.ge/index.php?a=main&pid=15626&lang=geo<br />

106 http://www.ick.ge/ka/articles/12523‐1‐n‐6.html<br />

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territorial entity Valeri Barnabishvili, specialist <strong>of</strong> the Kardenakhi village territorial entity<br />

Gogia Teteloshvili, and attorney <strong>of</strong> Velistsikhe village territorial entity Nukri Bakhlishvili,<br />

Dedoplistskaro district deputy governor Emzar Janashvili attended the assembly. According<br />

to <strong>of</strong>ficial information, which ICK received from district administrations, none <strong>of</strong> the<br />

aforementioned people were on holidays at that moment. 107<br />

10. Batumi City Hall and Kobuleti Municipal Board assist socially vulnerable families with<br />

food. None <strong>of</strong> those institutions connect the campaign with the upcoming <strong>election</strong>s.<br />

However, they admit that they have not implemented similar project in previous years.<br />

3 kg. rice, 2 kg. buckwheat, 2 liters <strong>of</strong> oil, 10 kg <strong>of</strong> wheat flour, 5 kg macaroni, 5 kg, sugar, 1<br />

kg salt, 10 gr. black tea – this is the list <strong>of</strong> those 8 products which will be distributed among 8<br />

500 families in Batumi and 1 400 families in Kobuleti. Food parcels will be equal in Batumi<br />

and Kobuleti and total price <strong>of</strong> each is 40 lari. Ltd Maja, a winning company <strong>of</strong> the bid, will<br />

distribute the parcels and it will receive 340 000 lari from Batumi City Hall and 55 999 lari<br />

from Kobuleti municipal board for the purpose.<br />

<strong>The</strong> food parcels will be assigned to those families in Batumi and Kobuleti who are registered<br />

in the united data base <strong>of</strong> socially vulnerable families and whose rating points are from 0 to<br />

100 000. 108<br />

11. Supporters <strong>of</strong> the Coalition “Georgian Dream” were fired from their jobs in Kazbegi.<br />

Mirian Tsiklauri, majoritarian candidate for the Georgian Dream, told ICMM that police has<br />

been targeting their activists for the last ten days, fining them for traffic violations.<br />

“Jaba Gomiashvili was fired from his job. On July 1, 2012 he met Bidzina Ivanishvili at the<br />

entrance to Stepantsminda on horseback. He took Georgian Dream‟s flag up on the Mountain<br />

107 http://www.ick.ge/ka/articles/12523‐1‐n‐6.html<br />

108 http://humanrights.ge/index.php?a=main&pid=15438&lang=geo<br />

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Mkinvartsveri. Several days later he was fired from his job; Jaba was a rescue team member<br />

in Gudauri,” Nona Sujashvili, head <strong>of</strong> Georgian Dream‟s Kazbegi <strong>of</strong>fice told ICMM.<br />

She also said that another Georgian Dream supporter, Giorgi Tsamalaidze was also fired from<br />

his job at a hotel in Gudauri.<br />

“A nurse at the Kazbegi District Hospital, Diana Avsanjashvili, was also compelled to quit her<br />

job because <strong>of</strong> her political affiliation. Tsitsia Katsashvili, the head <strong>of</strong> the Culture Service <strong>of</strong><br />

Kazbegi District Administration, was also fired after her husband publicly declared his<br />

discontent with the United National Movement (UNM). Several employees <strong>of</strong> the Liberty<br />

Bank‟s Kazbegi <strong>of</strong>fice, including the head <strong>of</strong> the <strong>of</strong>fice, Nino Kushashvili, were compelled to<br />

hand in resignation letters because <strong>of</strong> their support for the Georgian Dream. According to<br />

our information, Mtskheta-Mtianeti regional governor Tsezar Chocheli demanded that the<br />

Liberty Bank administration fire them. Patrol police also targets our activists and supporters.<br />

<strong>The</strong>y have imposed hefty fines on the Georgian Dream‟s supporters,” Nona Sujashvili said.<br />

Kazbegi district governor Davit Gudushauri said that Tsitsia Katsashvili quit her job by her<br />

own volition. “A week ago, she filed her resignation letter because the family runs a business<br />

and needed help with it. Some people do not fulfill their duties properly and do not treat old<br />

people properly when they applied to the Culture Service for help. We should not connect<br />

everybody‟s resignation with the opposition parties,” the Kazbegi district governor said.<br />

Dodo Bochorishvili, the head <strong>of</strong> the Public Relations Department at Liberty Bank<br />

categorically denied any information about political motives being behind the dismissal <strong>of</strong><br />

people from their Kazbegi <strong>of</strong>fice: “We do not fire people on political grounds. It is incorrect<br />

information,” Bochorishvili said. 109<br />

12. According to Dato Lortkipanidze,the majoritarian candidate <strong>of</strong> the coalition Georgian<br />

Dream in Vani, Naira Khhavtasi and her husband Rostom Kikabidze,residents <strong>of</strong> Vani, were<br />

109 http://humanrights.ge/index.php?a=main&pid=15282&lang=geo<br />

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fired because they were supporters <strong>of</strong> Georgian Dream. <strong>The</strong> above-mentioned persons were<br />

onat the Georgian Dream protest rally a few days ago.<br />

Naira Khavtasi is an employee <strong>of</strong> Vani first aid.”<strong>The</strong> director Maka Zarnadze came to the<br />

<strong>of</strong>fice in the morning, told me that I was fired and warned me not to complain”, - Naira<br />

Khavtasi said.<br />

Vani first aid service received a fine <strong>of</strong> several thousand lari as a result <strong>of</strong> an inspection some<br />

months ago. Maka Zarnadze threatened Naira Khavtasi, saying that she will be made to pay<br />

this fine if she gives away the real reason for her dismissal.<br />

Dato Lortkipanidze expressed solidarity towards these people and demanded that the<br />

relevant agencies return them to their positions. 110<br />

13. Members <strong>of</strong> the coalition Georgian Dream state that sons <strong>of</strong> their coordinators were<br />

recruited to military service. Representatives <strong>of</strong> the Coalition‟s local <strong>of</strong>fice provided <strong>Human</strong><br />

Rights Centre with the list <strong>of</strong> some people who were recruited only because they supported<br />

the opposition parties.<br />

While talking to <strong>Human</strong>rights.ge the opposition stated that two <strong>of</strong> these people had health<br />

problems and they were illegally recruited to military service. 111<br />

14. National Movement activists distributed bread flour, rice, oil and washing powder in<br />

Telavi. Irine Urushadze lawyer from Transparency International Georgia states that‟s there is<br />

use <strong>of</strong> administrative resources and bribery <strong>of</strong> voters.<br />

10 kg flour, 5 kg macaroni, 1 bottle oil and 2 washing powders are given to a family. Vazha<br />

Zuroshvili deputy director <strong>of</strong> Telavi municipality governor said to Information Centre <strong>of</strong><br />

Khaketi that nearly 8 000 thousand people will get aid as a result <strong>of</strong> natural disaster.<br />

110 http://humanrights.ge/index.php?a=main&pid=15585&lang=geo<br />

111 http://humanrights.ge/index.php?a=main&pid=15485&lang=geo<br />

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According to ICK products will be given also to those families who weren‟t affected by<br />

disaster or got minor damage.<br />

National Movement activist that was distributing products didn‟t answer on the question <strong>of</strong><br />

ICK, why he was distributing products dressed in National Movement t-shirt. Gigi Likokeli<br />

governor <strong>of</strong> Telavi territorial authority also avoided to answer this question.<br />

<strong>Human</strong> Rights Center considers that pre-<strong>election</strong> period is <strong>of</strong>ficial after publication relevant<br />

legal act by president about 2012 parliamentary <strong>election</strong>s. <strong>The</strong>refore we believe that in this<br />

case it maybe be violation <strong>of</strong> article 164 <strong>of</strong> criminal code that is about bribery <strong>of</strong> voters also<br />

violation <strong>of</strong> maliciously using administrative resources and using budget for pre-<strong>election</strong><br />

period. <strong>Human</strong> Rights Center requests from financial monitoring service <strong>of</strong> state audit and<br />

inter-agency commission to start investigation <strong>of</strong> those facts and react adequately. 112<br />

15. Head <strong>of</strong> Akhmeta Resource Center, Bela Marukashvili, forces public teachers to agitate in<br />

favor <strong>of</strong> Akhmeta‟s majoritarian candidate Petre Tsiskarishvili, from National Movement; if<br />

they do not obey, she threatens to fire them.<br />

“School directors were called and ordered to force all teachers in our villages to work for<br />

Petre Tsiskarishvili. We should go to districts and ask people what problems they have, who<br />

they support, and what they want from Petre Tsiskarishvili and the government. All teachers<br />

should give written reports to their school directors until August 15 and the directors will<br />

give reports to Bela Marukashvili. Of course, we will have to do this work without payment.<br />

We were told that those who refuse will not have their contracts continued from<br />

September.” Duisi and Kvemi Alvani public school teachers told Information Centre <strong>of</strong><br />

Khaketi.<br />

Head <strong>of</strong> Akhmeta education resource centre Bela Marukashvili made no comments on the<br />

allegation.<br />

112 http://humanrights.ge/index.php?a=main&pid=15447&lang=geo<br />

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Bela Marukashvili is member <strong>of</strong> Akhmeta municipal board from the National Movement.<br />

Her father, Omar Marukashvili, is head <strong>of</strong> Akhmeta Information Centre. <strong>The</strong> latter has <strong>of</strong>fice<br />

in the building <strong>of</strong> municipal board and is funded by local budget. Bela Marukashvili‟s<br />

brother, Vazha Marukashvili, is manager <strong>of</strong> Khaketi regional <strong>of</strong>fice <strong>of</strong> Energy Distribution<br />

Service Centre.<br />

Bela Marukashvili personally intimidated a respondent <strong>of</strong> the ICK and Georgian Dream‟s<br />

supporter Gulchina Tsikoria. She demanded the owner <strong>of</strong> the house where the lonely and<br />

socially vulnerable woman sheltered to expel her from the house. 113<br />

CEC refused the American monitoring group to observe the <strong>election</strong>s in Georgia. <strong>The</strong><br />

representatives <strong>of</strong> American organization Committee for Open Democracy stated about this<br />

on the press conference held in the Interpressnews <strong>of</strong>fice. 114<br />

16. Georgian Dream‟s coordinator in Mleta zone, Dusheti region Zura Burduli was recruited<br />

to the compulsory military service. Zurab Burduli, 25, reported to ICMM that he has health<br />

problems and was declined by military <strong>of</strong>fice three times on that ground. “Now I am in<br />

Tbilisi based recruiters‟ distribution <strong>of</strong>fice. Head <strong>of</strong> Dusheti district military service Beso<br />

Undilashvili is ordering doctors to write positive answers to all questions because I must go<br />

to the army by all means,” Zurab Burduli said. 115<br />

Use <strong>of</strong> media resources by Government<br />

<strong>Human</strong>rights Center conducted a pre-<strong>election</strong> environment in the media - and its<br />

corresponding monitoring report, which can be found on our web - site. 116<br />

113 http://ick.ge/ka/articles/10490‐2012‐04‐10‐16‐07‐37.html<br />

114 http://humanrights.ge/index.php?a=main&pid=15321&lang=geo<br />

115 http://humanrights.ge/index.php?a=main&pid=15552&lang=geo<br />

116 http://www.humanrights.ge/index.php?a=main&pid=5&lang=geo<br />

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Conclusion<br />

As a result <strong>of</strong> monitoring, the following problems were singled out: over the last two<br />

months, the long-term observers <strong>of</strong> <strong>Human</strong> Rights Center observed 87 cases <strong>of</strong> abuse <strong>of</strong> law<br />

enforcement and misuse <strong>of</strong> the supervisory and regulatory resources <strong>of</strong> the government. 10<br />

<strong>of</strong> these concerned illegal interference in the activities <strong>of</strong> journalists; 50 cases were linked<br />

with politically motivated oppression and revenge by governmental institutions, and there<br />

were 27 cases <strong>of</strong> assumed politically motivated detentions. Our monitors observed that<br />

human and financial resources <strong>of</strong> the government administration were misused in 17 cases.<br />

More problems included: abuse <strong>of</strong> administrative resources by the ruling party; politically<br />

motivated persecution <strong>of</strong> people, which acquired alarming proportions (more than 60<br />

activists <strong>of</strong> Georgian Dream were detained); doubts about voters‟ lists. <strong>The</strong> media is still<br />

experiencing oppression and satellite dish antennas are still confiscated. Disproportionate<br />

fines sanctions and fines hinder the activities <strong>of</strong> the political opposition coalition.<br />

Recently, the government <strong>of</strong> Georgia and the ruling party – United National Movement were<br />

strongly criticized by two international organizations at once. Rapporteurs <strong>of</strong> the PACE and<br />

the <strong>Pre</strong>-Election Mission <strong>of</strong> the Parliamentary Assembly <strong>of</strong> OSCE expressed their concerns<br />

about the current situation and called on the government to create equal conditions for every<br />

political party during the pre-<strong>election</strong> period.<br />

Background<br />

<strong>The</strong> evaluations <strong>of</strong> international observers were preceded by statements from international<br />

and local NGO‟s in which they repeatedly condemned the actions <strong>of</strong> the government<br />

against the opposition. In particular, the NGO sector highlighted problems during the<br />

pre-<strong>election</strong> period in the run-up to the parliamentary <strong>election</strong>s on October 1. As early<br />

as the end <strong>of</strong> last year, Coalition Freedom Choice drew attention to an unhealthy<br />

situation that could influence the <strong>election</strong> process. In December 2011 the coalition published<br />

81


an analysis <strong>of</strong> media problems and cases <strong>of</strong> human rights violations related with political processes<br />

during the pre-<strong>election</strong> period. 117<br />

In July, when the pre-<strong>election</strong> environment became very tense, the international<br />

organization Amnesty International directly demanded that Georgian Authorities stop violence<br />

against the opposition ahead <strong>of</strong> <strong>election</strong>s. 118<br />

“Amnesty International is concerned by the fact that the Georgian government is unable to<br />

protect opposition supporters and journalists from political violence when Georgian<br />

citizens are preparing for parliamentary <strong>election</strong>s”- stated Amnesty International,<br />

whilst listing many incidents against Georgian Dream in the regions. Local media also<br />

mentioned incidents <strong>of</strong> possible bribery <strong>of</strong> voters , dismissal on political grounds,<br />

political pressurizing, interference in political activity as well as misuse <strong>of</strong><br />

administrative resources by National Movement. (See. Mtskheta-Mtianeti – <strong>Pre</strong>-Election<br />

Digest # 1 and Kakheti- <strong>Pre</strong>-Election Digest # 1). 119<br />

Civil society was concerned by the fact that during the pre-<strong>election</strong> period, Global TV satellites<br />

were seized. 120 This was followed by a protest rally against the seizure <strong>of</strong> Maestro TV satellite<br />

dishes. 121<br />

<strong>The</strong> NGO sector‟s main criticism <strong>of</strong> the government concerned the unfair measures carried<br />

out against Georgian Dream leader Bidzina Ivansihvili, especially the disproportionate<br />

financial penalties he received. According to the decision <strong>of</strong> the Appeal Court passed on June<br />

15, 122 Georgian Dream Leader Bidzina Ivansihvili was ordered to pay 74.32 million lari,<br />

which was the largest fine he had received to date. At the end <strong>of</strong> July Ivanishvili paid<br />

this fine with the condition that the money would be used for the people who had<br />

been victims <strong>of</strong> a natural disaster in Kakheti.<br />

117 http://www.humanrights.ge/index.php?a=main&pid=14235&lang=geo<br />

118 http://www.humanrights.ge/index.php?a=main&pid=15314&lang=geo<br />

119 http://www.humanrights.ge/index.php?a=main&pid=15376&lang=geo<br />

120 http://www.humanrights.ge/index.php?a=main&pid=15100&lang=geo<br />

121 http://www.humanrights.ge/index.php?a=main&pid=15225&lang=geo<br />

122 http://www.civil.ge/geo/article.php?id=25598<br />

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At the same time, the State Audit Office periodically seized the accounts <strong>of</strong> Georgian Dream<br />

coalition activists. One step behind this organization, the National Bureau <strong>of</strong><br />

Enforcement also worked quickly to sell the seized property by auction. <strong>The</strong> property<br />

<strong>of</strong> people who had different political views was seized in a tragic manner.<br />

Mission expresses concern<br />

OSCE Parliamentary Assembly‟s pre-<strong>election</strong> observation mission expressed concerns over<br />

“questionable decisions” made by the State Audit Office, including imposing<br />

“disproportionate” and “harsh” penalties “apparently being applied in a selective manner.”<br />

<strong>The</strong> four-member mission, made up <strong>of</strong> OSCE Parliamentary Assembly‟s leadership, also<br />

expressed concerns over the judiciary system and expressed hope that in the final weeks <strong>of</strong><br />

the campaign ahead <strong>of</strong> the October 1 parliamentary <strong>election</strong>s, the Georgian authorities<br />

would create “a level playing field for all parties”.<br />

News agency Interpresnews reported that the OSCE PA Mission paid a visit to Tbilisi to<br />

monitor the pre-<strong>election</strong> environment in the country on August 20. During their three-day<br />

visit, the Delegation met with representatives <strong>of</strong> the government, opposition parties,<br />

international and nongovernmental organizations, the Inter-agency Task Force and members<br />

<strong>of</strong> the Parliament <strong>of</strong> Georgia.<br />

According to Civil Georgia, the three-day visit <strong>of</strong> the OSCE Mission to Georgia aimed at<br />

assessing the country‟s pre-<strong>election</strong> climate. <strong>The</strong> mission was led by former foreign minister<br />

<strong>of</strong> Croatia Tonino Picula and also included OSCE Parliamentary Assembly‟s <strong>Pre</strong>sident<br />

Riccardo Migliori, OSCE PA Secretary General Spencer Oliver and director <strong>of</strong> OSCE PA<br />

presidential administration Roberto Montella.<br />

During the visit the mission met with representatives <strong>of</strong> the ruling party, the opposition,<br />

<strong>election</strong> administration, as well as media and civil society representatives and members <strong>of</strong><br />

the international community in Tbilisi.<br />

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“We welcome positive amendments to the <strong>election</strong> system <strong>of</strong> Georgia and a pre-<strong>election</strong><br />

effort that aims to ensure the accuracy <strong>of</strong> the voters‟ list, provide transparency in campaign<br />

finance, and expand media accessibility throughout the country, but we do not want to<br />

remain blind to problems in the country. We discussed those problems with almost every<br />

party. We observed some problems – there may be partiality in the activities <strong>of</strong> law<br />

enforcement institutions, mainly the State Audit Office. We discussed the activities <strong>of</strong> these<br />

institutions with experts and interested parties and warned them that they are acting with<br />

“unclear” instructions. Another issue <strong>of</strong> concern is the judiciary. We wish to see courts<br />

operating in a transparent and unbiased manner and intervening with neutrality on various<br />

issues. <strong>The</strong>re is enough time to eradicate these problems. We are observing huge polarization<br />

in society. We might be mistaken, but political rivals, governmental <strong>of</strong>ficials and opposition<br />

parties apparently do not share equal values. We want to witness an <strong>election</strong> which will be a<br />

celebration <strong>of</strong> democracy in Georgia,” Tonino Picula said.<br />

He added that the members <strong>of</strong> the mission will continue monitoring the issues which are a<br />

cause <strong>of</strong> particular concern to the mission and will keep and eye on the ongoing process.<br />

“We have seen a growing political polarization in the country. We are particularly<br />

concerned by the practices <strong>of</strong> certain law enforcement institutions in Georgia. In our view,<br />

the State Audit Office is using broad discretionary authority to investigate the legality <strong>of</strong><br />

individual or party spending, making questionable decisions and imposing harsh penalties<br />

without clear or transparent guidelines. <strong>The</strong> fines levied are disproportionate and are<br />

apparently being applied in a selective manner mainly targeting one political subject,” the<br />

head <strong>of</strong> OSCE PA <strong>Pre</strong>-Election Mission stated and added: “A fair and independent judiciary<br />

system is also fundamental to ensure the conduct <strong>of</strong> free and fair <strong>election</strong>s. After this visit,<br />

we have concerns about the possibility <strong>of</strong> receiving a fair legal judgement from the court<br />

system.”<br />

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OSCE PA <strong>Pre</strong>sident Riccardo Migliori said: “In the final weeks <strong>of</strong> this campaign I hope the<br />

Georgian authorities will commit to a credible <strong>election</strong> and help create a level playing field<br />

for all parties.” In addition, Migliori said he detected signs <strong>of</strong> Leninism in the ongoing <strong>election</strong><br />

campaign in Georgia. 123<br />

“We are on an important mission in this country during the pre-<strong>election</strong> monitoring. <strong>The</strong>se<br />

<strong>election</strong>s are <strong>of</strong> great importance for your future. <strong>The</strong> <strong>election</strong>s should be another important<br />

moment in Europe. This is the goal <strong>of</strong> the governmental and opposition parties. <strong>The</strong>re is a<br />

little part <strong>of</strong> Leninism in this electoral campaign. <strong>The</strong>y don‟t present programs but try to<br />

destroy rivals. <strong>The</strong>re are no enemies in this society. Political parties shall necessarily present<br />

their programs and ideas to the population. Georgia is an important nation, an important<br />

place in the Caucasus; it is a beacon <strong>of</strong> democracy and we are here to make this beacon more<br />

important,” Ricardo Migliori said after the August 22 meeting with Davit Bakradze, chair <strong>of</strong><br />

the Parliament <strong>of</strong> Georgia.<br />

Concern <strong>of</strong> Co- Rapporteurs from OSCE PA Mission<br />

Before the members <strong>of</strong> the OSCE PA <strong>Pre</strong>-Election Mission expressed their concern, the corapporteurs<br />

made a statement where the excessive and disproportionate fines imposed on<br />

opposition parties by State Audit Office were strictly criticized.<br />

According to the <strong>of</strong>ficial website <strong>of</strong> the CoE, PACE rapporteurs for Georgia express concern<br />

about financial actions against the Georgian Dream coalition. 124 Co-rapporteurs from<br />

Parliamentary Assembly <strong>of</strong> the Council <strong>of</strong> Europe (PACE) on honouring Georgia‟s<br />

obligations expressed concern over seizure <strong>of</strong> bank accounts <strong>of</strong> political parties within the<br />

Georgian Dream opposition coalition and said that “disproportionate fines” levied by the<br />

State Audit Office “effectively undermine normal political activity by an opposition party.”<br />

123 http://www.palitratv.ge/akhali‐ambebi/politika/20598‐ra‐problemebs‐khedavs‐euthos‐saparlamento‐asambleis<br />

‐vice‐prezidenti‐saqarthveloshi.html<br />

124 http://assembly.coe.int/ASP/NewsManager/EMB_NewsManagerView.asp?ID=7891&L=2<br />

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<strong>The</strong> two co-rapporteurs, Michael Aastrup Jensen <strong>of</strong> Denmark and Boriss Cilevičs <strong>of</strong> Latvia,<br />

said in a statement on August 21, that seizure <strong>of</strong> the Georgian Dream‟s bank accounts was<br />

undermining the opposition coalition‟s participation in the <strong>election</strong> campaign for the<br />

October 1 parliamentary polls. “<strong>The</strong> excessive and disproportionate fines levied by the State<br />

Audit Service effectively undermine normal political activity by an opposition party,” the<br />

statement reads.<br />

“This is <strong>of</strong> concern, especially in the context <strong>of</strong> recurrent allegations 125 <strong>of</strong> bias <strong>of</strong> the State<br />

Audit Service and reports by credible organisations, such as the Georgian Young Lawyers<br />

Association, that question 126 the fairness <strong>of</strong> the court decisions in this respect,” the corapporteurs<br />

said.<br />

“<strong>The</strong> rationale for campaign funding legislation is to ensure a level playing field between all<br />

electoral contestants, and not to drive one party or the other out <strong>of</strong> the electoral race.”<br />

“<strong>The</strong> upcoming <strong>election</strong>s, and their democratic conduct, are crucial for Georgia‟s democratic<br />

development. We therefore call upon the Georgian authorities to demonstrate maximum<br />

restraint and to ensure that all parties, including the Georgian Dream Coalition, can<br />

participate fully in the electoral campaign,” the statement reads.<br />

<strong>The</strong> two co-rapporteurs plan to visit Georgia on September 11-12 as part <strong>of</strong> the pre-electoral<br />

mission <strong>of</strong> the Parliamentary Assembly <strong>of</strong> the Council <strong>of</strong> Europe.<br />

National Bureau <strong>of</strong> Enforcement Woke Up<br />

After the co-rapporteurs <strong>of</strong> the PACE expressed their concerns, the National Bureau <strong>of</strong><br />

Enforcement (NBE) has “postponed” collection <strong>of</strong> GEL 2.85 million fine, 127 which was imposed<br />

on six political parties united in Bidzina Ivanishvili-led Georgian Dream opposition coalition,<br />

the Georgian Justice Ministry said late on August 22.<br />

125 http://www.civil.ge/geo/article.php?id=25815<br />

126 http://www.civil.ge/geo/article.php?id=25814<br />

127 http://www.civil.ge/geo/article.php?id=25639<br />

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“Up to date, only a small portion <strong>of</strong> the fine, GEL 122,000, has been collected by the NBE,<br />

without freezing any account,” Justice Ministry‟s statement reads. “Nevertheless, following<br />

the recommendation <strong>of</strong> the Inter-Agency Task Force for the Free and Fair Elections and<br />

consultations with the State Audit Office <strong>of</strong> Georgia, who is the creditor in the case, the NBE<br />

has decided to postpone the enforcement <strong>of</strong> the Tbilisi Court Decision,” the statement <strong>of</strong> the<br />

Ministry <strong>of</strong> Justice reads.<br />

Spokesperson <strong>of</strong> the National Movement MP Chiora Taktakishvili connected the critical<br />

evaluation <strong>of</strong> the OSCE PA Mission about pre-<strong>election</strong> situation in the country with “their<br />

inaccurate information provided by the lobbyists <strong>of</strong> concrete political parties.” <strong>The</strong> ruling<br />

party had the same reaction about the statement <strong>of</strong> the PACE rapporteurs. In his interview<br />

with Radio Liberty, member <strong>of</strong> the Georgian Delegation in the PACE Giorgi Kandelaki stated<br />

that co-rapporteurs were mislead like several other people. 128<br />

Similar comments made by the representatives <strong>of</strong> the parliamentary majority demonstrate<br />

the readiness <strong>of</strong> the government to consider the concern <strong>of</strong> international observers and civil<br />

society, to change repressive politics and create normal pre-<strong>election</strong> environment in the<br />

country. 129<br />

We believe that the government‟s repression <strong>of</strong> human rights defenders and politically active<br />

citizens, which we have discussed above, particularly when political crisis is clearly observed<br />

in the country and it is in a pre-<strong>election</strong> period, exceeded all limits.<br />

Instead <strong>of</strong> <strong>of</strong>fering lawfully acceptable solutions to the political deadlock, in order to ensure<br />

that fair <strong>election</strong>s are held on October 1, the government is escalating an already tense<br />

political environment.<br />

We view recent incidents <strong>of</strong> detention and physical violence against peaceful citizens as a<br />

continuation <strong>of</strong> the government‟s policy which caused difficult and unbearable conditions in<br />

penitentiary establishments. Recent repeated cases <strong>of</strong> violence again convince us that the<br />

128 http://www.radiotavisupleba.ge/content/eu‐georgia/24683460.html<br />

129<br />

http://humanrightshouse.org/Articles/18523.html<br />

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government <strong>of</strong> Georgia does not realize the importance <strong>of</strong> the horrifying video-footage and<br />

will not reform the existing illegality in the country.<br />

In addition, <strong>Human</strong> Rights Center believes that whilst the pre-<strong>election</strong> process has been<br />

conducted on the borderline <strong>of</strong> illegality, after these aforementioned cases there is a real<br />

threat that this trend will acquire irreversible form and that the <strong>election</strong>s will lose their<br />

meaning entirely. Recent events encourage us to doubt the government‟s desire to hold<br />

<strong>election</strong>s in a peaceful and just environment.<br />

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<strong>Human</strong> Rights Center<br />

Al. Kazbegi Ave.3a; 2 nd entrance, 4 th floor, App 22, Tbilisi, Georgia<br />

Tel: (+995 32) 237 69 50<br />

Fax: (+995 32) 238 46 50<br />

Email: hridc@hridc.org<br />

Website: www.hridc.org www.humanrights.ge<br />

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