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Prompt and Effective Investigation should be conducted into the case of Studio Monitor

On July 22, 2012, journalists of a non-profit legal entity, Studio Monitor, found that their office had been robbed. As of now, two personal computers, two editing equipments, two cameras, one tripod and one flip camera have been reported missing. In addition to the equipment, working materials of journalists are also missing. Studio Monitor is an independent union of journalists, greatly contributing to realization of freedom of expression in the country. Studio Monitor is one of the few studios that prepare journalistic investigations and is therefore particularly important for public. Studio Monitor was established on December 14, 2005. Since then it has been cooperating closely with Georgian Young Lawyers’ Association and has been a beneficiary of the service provided by Georgian Media Legal Defense Center (GMLDC).

2012-07-23 14:03 See more

Presentation of Elections Web-Portal

  The following three NGOs: the International Society for Fair Elections and Democracy (ISFED), Georgian Young Lawyers Association (GYLA) and Transparency International – Georgia held a presentation of a joint Elections Portal today, on July 19, 2012, at the Tbilisi Marriott Hotel. The aim of the web-portal is to provide diverse and comprehensive information to interested parties about the 2012 parliamentary elections, as well as to register any violations reported by NGOs and citizens during the period leading up to the elections, on and after the Election Day, and to include them on a map of Georgia. The web-portal’s address is www.electionsportal.ge. The Elections Portal will allow all citizens to report online information about alleged violations and incidents during the period of elections. Further, a toll-free SMS number – 2 500 will be launched, allowing all citizens to send information from any mobile phone network.  

2012-07-19 13:20 See more

GYLA Calls on the Investigative Authorities to Avoid Giving Too Broad and Unreasonable Interpretation of Law

On July 17, 2012, the Ministry of Interior Affairs released information about detention of the following three individuals: Merab Kachakhidze, Teimuraz Sheklashvili and Tariel Kardava. GYLA held a press-conference about this matter on July 18, 2012. As reported by the Interior Ministry, Merab Kachakhidze, Executive Secretary of the Conservative Party, gave GEL 7000 in cash to the chairperson of the party’s Mtatsminda District branch and the money was later distributed among 6 pre-selected individuals per his instructions. The Interior Ministry alleges that these individuals acted according to a deliberate scheme and returned the money back to the Conservative Party in the form of membership fees. Further, deputy chairperson of the National Forum’s Gldani branch Teimuraz Sheklashvili, and activist of the party Tariel Kardava gave GEL 1750 in cash to one of the Forum’s activists who deposited it on the account of the National Forum in the form of a donation. The Interior Ministry notes that charges will be brought against the detainees for making a malicious deal to evade the prohibition established by prima Article 164 of the Criminal Code of Georgia. We’d like to comment on a probe launched under the said norm. The prima Article 164 of the Criminal Code qualifies vote-buying as a criminally liable action, as shown in the name and contents of the norm itself. The very same Article also refers to “making of an ostentatious, malicious or any other deal for evading prohibitions established by the law”, which is also cited by the Interior Ministry. However, we believe that the cited norm shall be interpreted narrowly, only with respect to vote-buying. It should not be interpreted as broadly as offered by the Interior Ministry. Otherwise, making of a malicious, ostentatious or any other deal for evading prohibitions prescribed by the law would be punishable by the Article against vote-buying, which, in view of the nature of the criminal law, would amount to a legal nonsense. In May 2012, during discussion of amendments to the prima Article 164 of the Code, such narrow reading and interpretation of the law was the subject of agreed upon by MPs from the ruling party as well as representatives of the executive authority.

2012-07-18 14:30 See more

This Affects You Too Campaign Calls for Political Dialogue and Agreement among Political Parties

This Affects You Too campaign would like to comment on the recent initiative about rules of conduct of political parties during the election period. We believe that developments related to electoral environment have taken an alarming turn recently, which endangers carrying out of electoral process in a peaceful and fair environment. Both political parties and the authorities are responsible for defusing of existing tensions and building public confidence towards the process. We deem an agreement between the political parties necessary for a fair, competitive and peaceful electoral process. But it is important that principles of an agreement are not dictated by only a single political force but rather, represents a genuine accord between the parties. We believe that principles proposed by the ruling party-party are insufficient for the electoral environment to improve meaningfully. It is necessary that both the authorities and the political parties to assume more responsibility and agree on other election environment-related issues. As non-governmental organizations monitoring elections, we believe that it is important for all parties participating in the election processes to agree on the following principles:

2012-07-17 09:38 See more

Statement of GYLA on Activities of the Georgia - Not for Sale

On July 10, 2012 a non-profit legal entity Georgia - Not For Sale was registered. According to its the Facebook page: “The goal of the organization is to provide public with comprehensive information about Bidzina Ivanishvili’s political activities, help separate oligarchic money from healthy political processes to prevent misleading of the society and discourage vote-buying. To this end, Georgia - Not For Sale plans to launch a large-scale public outreach campaign online, as well as through television and other means of media. Having certain political goals, Georgia - Not For Sale has applied to the State Audit Agency with a letter inviting it to conduct financial monitoring of the organization.” According to the Organic Law of Georgia on Political Unions of Citizens, party regulations also apply to an entity which has declared political goals and uses financial and other material resources to achieve these goals. According to the statements released by Georgia - Not For Sale, it has no election goals but may have certain political goals which are differentiated from electoral goals under the Georgian legislation. In order for an entity to be recognized as equal to a party it should have election goals. As of today, reports don’t confirm that the organization Georgia – Not For Sale has any election goals (participation in the elections and the desire to win).

2012-07-16 11:56 See more

GYLA and the International Society for Fair Elections and Democracy to Monitor an Assembly to be held in Gori

  Georgian Young Lawyers’ Association (GYLA) and the International Society for Fair Elections and Democracy (ISFED) will monitor the manifestation to be held by the coalition Georgian Dream on July 15, 2012 in Gori. The monitoring will be carried out within the frames of a long-term pre-election monitoring, which entails monitoring of public meetings organized by political parties as well as realization of freedom of assembly and manifestation. Monitors will observe all developments in Gori and throughout the regions related to organization of the July 15, 2012 assembly and mobilization and relocation of participants. GYLA and ISFED remain hopeful that the assembly will be held in a peaceful environment and the authorities will observe legal guarantees for assembly and manifestation.    

2012-07-13 09:31 See more

GYLA Condemns the Incident in Karaleti

Yesterday, on July 12, visit of the Georgian Dream leaders to the IDP settlement in Karaleti, city of Gori was followed by a clash. During the incident journalists were also injured. According to the editor of Internet publication qartli.ge, Saba Tsitsikashvili, he was covering the meeting in Karaleti IDP settlement when Gigi and Gogita Gochashvilis of the city of Gori as well as one of the employees of Kurta Community Gamgeoba, Levan Maisuradze, physically assaulted him. A group of citizens expressed clear aggression against activist that had arrived for election campaigning. Video footage released by Info 9 agency illustrates facts of physical and verbal abuse of activists and journalists. Certain individuals threw rocks at representatives of media and assembly participants, resulting in bodily injuries sustained by several individuals. The Public Defender has reported that following representatives of Info 9 agency have been injured: Tamta Iluridze, Eka Iluridze, Shorena Khabalashvili, Rezo Nadiradze and Lekso Aleksidze, as well as the following journalists of Channel 9: Nukri Beglarishvili and Nodar Skhirtladze, Trialeti TV representatives Nino Bolashvili and Mamuka Kevkhishvili and journalist of Shida Kartli Information Center Saba Tsitsikashvili. Regrettably, police did not appear on the scene. One person dressed in civilian clothes was trying to prevent a clash between the two sides.

2012-07-13 09:30 See more

GYLA, TI Georgia urge authorities to handle Maestro satellite dish seizure in transparent manner

  The Georgian Young Lawyer's Association and Transparency International Georgia urge the Tbilisi City Court and the Prosecutor's Office to release relevant evidence and present an adequate legal justification for the seizing of sattelite dishes imported by Maestro TV. Preventing the distribution of sattelite dishes – which Maestro has claimed will be financed by its owners – may be publicly perceived as a step that could limit citizen's access to media. Any actions taken against media outlets should be proportionate and be carried out with a maximum of transparency. It should also be clearly explained to the public how the distribution of satellite dishes by Maestro qualifies as vote buying for the opposition Georgian Dream coalition. To our knowledge, Maestro has not started the distribution of antennas yet, and the terms and conditions of this action are not clear yet. On July 3, Maestro's director, Ilya Kikabidze, had told media.ge that users will receive "the equipment after concluding (a) contract. Our lawyers are working on the contract. Now I cannot tell you exactly what the antennas will cost, or what the conditions will be but we shall establish a symbolic amount, a very minimal fee."

2012-07-11 17:48 See more

GYLA believes that the legal entity of public law Public Broadcaster must abide by the Board of Trustee’s decision

  On June 10, 2012, a statement offering an explanation about Zura Vazagashvili’s case was published on Public Broadcaster’s website. The statement said that “with regard to the incident that occurred by the tennis court, there is a resolution of the prosecutor’s office dated April 19, 2007, which says the following: quote - “based on operative information, probe was launched against Vazagashvili, khubulovi, Poturidze into the fact of preparation of robbery attack. According to the operative information received, members of the criminal gang were armed,” – end of quote. This formulation is an official evaluation of the prosecutor’s office with respect to the fact. Moambe is based on official sources and it does not qualify itself actions of this or that person.” On May 2, 2012, a report prepared about an assembly of Zurab Vazagashvili’s relatives and representatives of the society, marking anniversary of Zura Vazagashvili’s death by the tennis court was aired during the 4pm newscast Moambe. The report provided a detailed overview of the incident that occurred on May 2, 20116, involving death of Zura Vazagashvili. The report noted that ‘Vazagashvili was a member of an armed gang’. With the assistance of GYLA, Zura Vazagashvili’s parents filed a complaint with the self-regulatory agency of the Public Broadcaster, seeking rebuttal of the information.  

2012-07-11 14:37 See more

Response to the Statement of the State Audit Agency

Georgian Young Lawyers' Association Transparency International - Georgia On July 4, 2012, the State Audit Agency published a statement responding the letter What was Bidzina Ivanishvili Fined For? published by NGOs Georgian Young Lawyers' Association (GYLA) and Transparency International - Georgia on June 28. In its statement the State Audit Agency addresses not only the arguments related to appearance of the State Audit Agency before court and evidence submitted by it but also tries to justify certain actions of court, its decisions, which is beyond the agency's purview. The State Audit Agency refers to the NGOs' evaluation of Bidzina Ivanishvili's fining as "a very bold and loud assessment"; however it also fails to offer substantiated arguments for invalidating objective and impartial arguments presented by us.  

2012-07-11 11:11 See more