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rule of law

Georgian PEN steps up campaign for international support after "brute violation of freedom of speech"

The Georgian chapter of the international writers' association PEN has stepped up its campaign for international recognistion of what it describes as a "bute violation of the right of expression and free speech" after what it says was the arrest of three poets for reading their own and Walt Whitman's verses at a protest against the naming of one of Tbilisi's major streets in honour of George W Bush.

The three - Shota Gagarin, Aleksi Chigvinadze and Irakli Kakabadze - do not deny that they were involved in defacing the over-sized street sign that features a picture of George Bush: though that is not an arrestable offence in Georgian law and, in any case, they say the police were not present when it took place so could not have judged who was responsible.

Instead the three were charged and convicted under article 173 of the Georgian criminal code - which forbids serious resistance to the police, such as resisting arrest. However the whole event was filmed and it is absolutely clear the three co-operated fully with their arrest. The police have also claimed the three disobeyed a police order not to block traffic but again the three respond that the video shows they did not block traffic and merely read their poems while standing on a traffic island.

The PEN statement reads:

 

An Appeal of Georgian PEN Center to International Community
 
            August 14, 2010 Georgian poets Shota Gagarin, Irakli Kakabadze and Aleksi Chigvinadze held an artistic performance on George W. Bush street in Tbilisi. Main question on this artistic action was to change the name of the street and instead of George W. Bush to call it the name of great American poet Walt Whitman. Poets were reading poems when all of them were arrested without an explanation, then held in inhumane condition for the 3 hours in the backyard of Ministry of Internal Affairs of Georgia, verbally and physically abused, imprisoned for the night and sentences to the article 173: “Evil Disobedience to the authorities”.
            The video that was taken by several TV companies shows us that Shota Gagarin, Aleksi Chigvinadze and Irakli Kakabadze have never blocked the traffic on the intersection of George W. Bush and Leck Kascinski streets and they have never disobeyed the police that has showed up by the end of artistic event. Court also claims that police personnel was present when artists were performing graffiti paintings on George W. Bush picture – video shows that is also untrue. We can see that the police was not there when graffiti was made. It must be noted that the court refused to admit the video as an evidence. This evidence shows very well that there was no ‘evil disobedience’ whatsoever. PEN Georgia considers the court sentence completely against the law. It must also noted that poet Irakli Kakabadze, who is a US citizen and teaches at Cornell University in Ithaca, NY, was verbally and physically abused by high ranking police officers during his stay in custody. This fact needs to be thoroughly investigated.   PEN Georgia condemns any kind of violence and especially if this violence comes from the representatives of government. State violence in Georgia hinders the development of democracy and civil society.
After examining the evidence it is obvious that poets Shota Gagarin, Aleksi Chigvinadze and Irakli Kakabadze were arrested just for reading Walt Whitman and other poems. This constitutes a brute violation of the right of expression and free speech. Also inhumane treatment of prisoners in the backyard of the Ministry of Internal Affairs and physical abuse of US citizen Irakli Kakabadze is a crime that deserves to be punished. Mr. Gegechkori and his deputies, who committed the violence must be punished inhumane treatment and physical abuse of prisoners.
Georgian PEN Center appeals to international community to express their opinion about the violation of basic human rights in Georgia. Poets should never be arrested and abused for reading Walt Whitman poetry, to say the least.

"Batumi built on the back of threats and intimidation"

Below is a comment posted about the Economist's article on Georgia. As it is anonymous (or rather written under what appears to be an assumed name) we cannot verify its contents, but it certainly accords with what many others have told us about the business climate in Georgia today:

This article feels like written by two different people as it is almost impossible to reconcile the first half with the second. Namely, how is it possible that the country where two people have usurped virtually all power and Parliament as well as courts have “become more than a rubber stamp”, where one person could start military offensive against Russian forces bringing economic demise and occupation of significant part of the country, could be prospering and even be a great place to make business for investors? Well, it is not.
Batumi is nothing more than Potemkin’s village designed to impress western journalists (paid and independent alike). How it is built is another matter. Businesses were and are forced to invest under fear of raids from tax police, removal of licences and wide-spread high profile arrests (albeit short term, as most of the people are released as soon as they pay ransom). Undisclosed amounts of state funds were also invested in Batumi at the whim of one person – Saakashvili.
If The Economist article from August 19th, were written two years ago, the Economist would have been brought to another town - Sighnaghi, then Saakashvili’s main “development” project. In Sighnaghi, similar to what is now going on in Batumi, residents were thrown out of their houses illegally, local businesses terrorized to pave way to Saakashvili’s grand plan of creating a modern town in the Kakheti region. Many Georgian businesses (including one from the author of this comment) were pressured to invest in Sighnaghi (if you or your business does not follow Saakashvili’s advice, taxation and Prosecutor General’s offices would make sure that you feel miserable until you change your mind). Major banks opened branches and hotels started opening. Unfortunately, Sighnaghi project had no economic justification and now it is a ghost town abandoned by everyone, including Saakashvili.
Now there is Batumi. Saakashvili is promising an economic miracle via attraction of summer tourists. He is using his enormous power as well as state coffers to make his “dream” come true. The simple fact is that Batumi was known to have the highest precipitation level in the entire Soviet Union and a short sea season (around 1.5 months of swimmable time). Within 100 miles from Batumi lies Turkish border. Turkey offers tourists close to 7 months of swimmable season. One does not have to be an economic genius to figure out that it would be very difficult for Batumi to compete with Turkish resorts (and it is). The fact that a major international oil terminal and port is located in the centre of Batumi, does not help Saakashvili’s dreams about building sea-side resort either.
However, economic or political realities do not affect Saakashvili’s judgement. Before abandoning Batumi project, he will likely order Georgian businesspeople and civil servants to take their vacations in Batumi and continue to bus people into Batumi from neighbouring poor villages to create an appearance of bustling streets (one has to look into restaurants to see that bustling streets do not translate into revenue for the restaurant owners).
As of Georgia being a great place for business, I can say the following. In country where courts do not exist, investors (as well as anyone else) have no rights. Contracts are being interpreted by partial judges and taxation is administered at unchecked liberty of the State. If one finds such place attractive to invest, then welcome to Georgia. Not many people do, however, as even according to Georgian official statistics, this year, Georgia has received less than 80 million USD in foreign investments. I, personally, do not believe even this number.
Finally, how come than that Georgia ranks 11th in the World Bank survey on ease of doing business? Saakashvili may not understand basics of economics and general management (he rotates his ministers annually from one chair to another with complete disregard to professional knowledge and experience). However, he and his handlers have a very good understanding of importance of basic PR messages for the West. World Bank survey is administered in Georgia by a Georgian company and respondents are companies operating in Georgia. Saakashvili controls all two polling companies in Georgia and they selectively poll the companies that are friendly to or too scared of the regime. Some of the largest companies in Georgia, that may not give appropriate answers, are being left out of this survey. It is much easier to control a small polling firm in Tbilisi than to go through trouble necessary to be truly on the 11th place in the world in ease of doing business. Saakashvili got that much right.

We have written of the decline of Sighnaghi before.

Merabishvili: I am the law

Vano Merabishvili, public domain picture from United States governmentIn an extraordinary statement Georgia's interior minister Vano Merabishvili has admitted to the Economist  that there is neither rule of law nor judicial independence in Georgia and that, instead, the outcome of legal processes are decided by government.

The Economist calls his statement: "all the more dangerous for being persuasive"

Merabishvili's comment - that the legal system is too weak to left to decide the law and therefore it falls on government to dispense "justice" comes towards a lengthy profile piece which first praises the achievements of the Rose Revolution:

Today Georgia has reinvented itself as the star of the Caucasus. It is less corrupt than most former Soviet republics and one of the easiest places in the world to do business, according to the World Bank. Its liberalised economy has weathered Russian embargoes, and the state held together during the war with Russia. Its police do not take bribes and electricity is no longer a luxury. Most important, people are no longer surprised by such success. The biggest transformation is in their minds.

But then goes on to warn of how what some have called the "post modern authoritarianism" of Saakashvili is now damaging Georgia's prospects:

On paper Georgia has all the institutions proper to a democracy. In practice few of them enjoy real power. Parliament, dominated by Mr Saakashvili’s United National Movement party, has become little more than a rubber stamp. The police and judiciary are beholden to politicians. Key decisions are taken by a circle of insiders whose influence often extends far beyond their job titles. Democratic procedure is often sacrificed to expediency—catastrophically so in the case of Mr Saakashvili’s decision two years ago to attack South Ossetia with heavy artillery fire, giving Russia the excuse it needed to invade ...

...Mr Saakashvili is more a moderniser than a democrat. Yet in order for his reforms to become irreversible, Georgia needs strong democratic institutions; above all an independent judiciary and the rule of law. Mr Merabishvili argues that these cannot be simply decreed; they need to become entrenched tradition, recognised by Georgian society as a whole. So for the time being, he believes, it is the government that is best equipped to administer justice. This argument is all the more dangerous for being persuasive.

Too much personal power is concentrated in the hands of Mr Saakashvili and Mr Merabishvili, his feared interior minister. That is ominous for a country where power has not been transferred peacefully since independence. A set of proposed constitutional changes would shift more power to parliament and its nominated prime minister. But Mr Saakashvili’s critics say that discussion of the proposed reforms has been limited. They fear that the president will follow the example of Vladimir Putin and stay on as prime minister when his term expires in 2013. If he does, he risks destroying his own legacy.
 

Anger boils over outside parliament

Anger at the treatment of refugees - who have faced a government campaign to deport them from Tbilisi - and from street traders, who have seen the police attempt to drive them into closed and regulated markets, boiled over today outside the parliament building in central Tbilisi.

Police attempted to arrest protestors - a move the protestors say was itself unlawful as they had sought the appropriate permissions, only for the protestors to resist and a large brawl to break out.

The events appear to be unreported - so far - by leading TV channel Rustavi 2, but Maestro have broadcaste extensive coverage (see video).

After a period of relative social peace in the capital the scenes are a reminder of the Saakashvili government's ability to upset its own apple cart very quickly.

Refugees, who have often been living in Tbilisi for close to two decades following the civil wars of the early 1990s, are being ejected from public;y-owned buildings with just five days notice as the government attempts to return momentum to its privatisation programmem given its fiscal crisis.

Street traders are subject to the same pressures: few if any of them pay tax on unregulated street trading and the government is trying to end that. The traders counter that they are often in the direst poverty and simply cannot afford to pay the fees needed to hold down a pitch in a regulated market place.

August is traditionally a quiet time in Georgia and Georgian politics but whether the current round of disturbances represents a move towards a wider social confontation or just a temporary scuffle remains to be seen.

The authorities could back down but that means retreating on the economic front. But the lack of heated rhetoric from Saakashvili about how the protestors are spies or dupes of the Kremlin - his standard response to any criticism - suggests the authorities are not yet willing to press home their monopoly of force to settle the situation either.

Opposition politician claims Saakashvili is trying to organise a gay pride parade in Batumi

Opposition poliician - and former Saakashvili minister - Goga Khaindrava has told the BBC's Russian service that Mikheil Saakashvili is on a mission to destroy Georgian nationhood through the promotion of homosexuality:

The goal is to break this absolutely rock-solid part of the Georgian mentality and Georgian identity - Christian morality. Against it is the explicit overt assault from the government, whose mission to break the Christian morality in Georgian society

Evidence for this bizarre claim is not supplied beyond his report that Nina Kobalia, a tourism official in Batumi and sister of the controversial economy minister Vera Kobalia, is alleged to have encouraged gay tourists to come to the Black Sea resort.

Georgia remains one of the most homophobic societies in Europe and religious influence over sexual morality remains strong - whilst at the same time prostitution is legal and widespread.

In the last year conflict over homosexuality has never been far from the surface of Georgian public life: although elements of the opposition accuse the government of promoting sexual anarchy, the state has also used homophobic blackmail to attack media freedom while the row over the controversial satirical book Saidumlo Siroba ("Holy Crap"), which featured descriptions of the narrator's incestuous and homosexual fantasies, climaxed in a punch up on live TV between free speech proponents and members of the "People's Orthodox Movement", a body which has adopted many of the trappings of a fascist movement.

Now the fight is over a supposed proposal for a gay pride parade in Batumi. Nobody quoted by the BBC who might organise such an event (as opposed to protest against it) actually says they are planning to hold one. Though, understandably enough, they are not rushing to deny themselves the same rights as gay people elsewhere in Europe. Paata Burchuladze of the Inclusive Foundation tells the BBC:

A gay pride parade is not an end in itself, a gay parade is a method to achieve the goal - to attract public attention to the problems of people who can not be solved in the country. The main target of a gay pride parade would be those in power. To hold a parade in secret, with the support of those in power- it's just an amazing idea, and this will never happen.