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From "- caucazya" <caucazya@hotmail.com>
Date Sun, 16 Apr 2000 09:27:12 GMT
Subject globe_l: Are there political prisoners in Georgia ? (extrait de Human Rights in Georgia)



>ARE THERE POLITICAL PRISONERS IN GEORGIA?
>
>   Presently, the topic of political prisoners causes a great disturbance 
>in Georgia. International organizations for human rights and Georgian 
>political parties tried to bring the state of the political prisoners to 
>the attention of Georgian government. Subsequent to these efforts, Georgian 
>officials have become more active towards the problem of political 
>prisoners. Mr. Eduard Shevardnadze, the President of Georgia, announced: "" 
>would be ashamed to be not only a President, but even an ordinary citizen 
>of the country, where political prisoners exist. Thatís why you should find 
>out, whether such people are imprisoned in our country and justice bodies 
>should be held fully responsible for it".
>   The heads of law-enforcement bodies (Procurator General, Chairman of 
>Supreme Court, Justice Minister, Internal Minister, etc.), followed with 
>their statement on this issue. On December 10 ñ as international day for 
>human rights ñ they participated in a two-hour program on human rights and 
>political prisoners in Georgia. The same day President Shevardnadze 
>submitted a letter to Georgian Parliament on the aforementioned questions.
>   All representatives of the authority categorically deny that political 
>opposition claims the opposite ñ there are numerous political prisoners in 
>Georgia. In the light of such speculations, the position of the 
>non-governmental organizations on human rights becomes crucial for these 
>establishments are impartial to political motivations.
>   I do not want to interfere with political debates. Thatís why I have 
>conducted my own research among the representatives of political parties 
>and other interested groups on the issues of political prisoners in 
>Georgia.
>   It appeared, that a term political prisoner has various, if not 
>different, interpretation among political parties and individuals. For 
>example, Amnesty International defines "a political prisoner" as a person, 
>who has committed criminal offences for political motives. If we embrace 
>this definition, anyone committing a murder or a robbery with a motive of 
>struggling against the authority, is a political prisoner. Amnesty 
>International does not release the political prisoners from criminal 
>responsibility for their illegal action. However, it demands that these 
>people should be guaranteed fair and timely trial. As for people arrested 
>for their own political or religious convictions, Amnesty International 
>considers them to be prisoners of conscience and demands their immediate 
>release.
>   Other international organizations for human rights have different 
>approaches defining the term "political prisoner". For example, a famous 
>human rights activist Yuri Orlov thinks: "A person, who commits a criminal 
>offence for political motives, provided this crime does violate the rights 
>and freedoms of another person, is considered a political prisoner." 
>According to this logic, if an innocent person was victimized by a 
>terrorist act conducted for political purposes, the terrorist can not be 
>considered a political prisoner. A famous Polish human rights activist 
>Marek Novitsky shares the same position. In connection to this approach, I 
>recollect a fact from the recent history of the United Kingdom. In 1980s, 
>Irish terrorists kept in British prisons, demanded from the British 
>authorities to be recognized as political prisoners. They even went on 
>chain hunger strike, after his death the second one continued and so on. 
>Although chain hunger strike continued for one year and 10 prisoners died, 
>the Prime Minister Margaret Thatcher did not compromise. She said: "We have 
>arrested them not for their political convictions, but for particular 
>terrorist acts that coasted many innocent lives." Ironically, the Soviet 
>Union actively supported the Irish terrorists and regarded them as 
>political prisoners, while many were suffering in Soviet prisons for their 
>ideas or spreading anti-Soviet literature. It is not hard to conclude that 
>politicians manipulate the theme of political prisoners in their own 
>political interests.
>   I am providing the options of Georgian politicians about the definition 
>of "a political prisoner" and their attitude towards the prisoners of this 
>category.
>Mr. Mikheil Saakashvili, (the member of the Parliament): "Only those 
>persons can be considered political prisoners, who are arrested not for 
>criminal offences, but for their political convictions. Hence, political 
>prisoners do not exist in Georgia at present".
>Mr. Tengiz Sigua, (the former Prime Minister of Georgia): "For example, the 
>former prefect of Samtredia region Mr. Zviad Dzidziguri is a real political 
>prisoner. I know him personally, since he was a prefect while I was a Prime 
>Minister. I can not understand why he was sentenced to 14 years of 
>imprisonment. The same can be said about Mr. Jamlet Bokuchava. Both of them 
>were fighting for their own political convictions."
>Mrs. Irina sarishvili-Chanturia (the Chairman of National-Democratic 
>party): "A political prisoner is a person, who has not committed a criminal 
>offence and it arrested only for his political convictions. The authority 
>has itself caused such a situation, since it has not arrested those obvious 
>guilty, until they contradicted the authority politically. It concerns the 
>head of "Mkhedrioni" and others. Mr. Loti Kobalia, who is accused of high 
>treason, was not arrested until he challenged the authority politically. 
>Thus, we have no political prisoners, though the existing tendency 
>negatively disposes a great part of the society."
>Mr. Giorgi Kervalishvili, (the Chairman of the Georgian Association for 
>Human Rights) announces that more than one hundred political prisoners are 
>in Georgia today.
>   Since there is no common criterion defining the status of a political 
>prisoner in Georgia. If we adopt the definition by Amnesty International, 
>we can conclude that there are more than one hundred political prisoners 
>are in Georgia today. However, if we define a political prisoner only as a 
>person, accused of anti-state political convictions and propaganda, then 
>political prisoners really do not exist in present Georgia. We shall 
>emphasize Mrs. Sarishviliís opinion that Georgian authority paid no 
>attention to the crimes of many groups or individuals, until they 
>challenged the state ideology. There are many facts when the authority 
>ignored somebodyís crime, while the letter was its ally; however, as soon 
>as he become an opponent to the authority, the authority would suddenly 
>"remember" about his criminal activities. Such authority could easily 
>accuse its political opponents of non-existent crimes. The tendency Mrs. 
>Sarishvili emphasizes about is already evident Georgia and it is supported 
>by the examples of Zviad Dzidziguri, Valter Shurgaia, Soso Zhgenti and 
>others.
>   Hence, one thing is clear for me: with its little regard for due 
>process, the authority has created firm ground for transforming political 
>opponents into defendants or even accused. Until the court reform is not 
>carried out and the court reform does not become truly independent, it will 
>be impossible to speak about objective due process in Georgia.
>By Gela Nikolaishvili
>
>Executive Director,
>
>NGO "Former Political Prisoner for Human Rights"
>

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