HRIDC: Georgian-language “Georgian Times” under threat of being closed by the authorities;

ecoi.net ^ | 07.2004

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HRIDC: Georgian-language “Georgian Times” under threat of being closed by the authorities; during the last 2 months, over 7 newspapers have been shut down “On July 14, the Financial Police raided the office of “ The Georgian Times” and stopped the operation of the newspaper for 10 hours. According to the chairpersons of the newspaper, individuals in power are trying to paralyze “Georgian Times” and declare that this is a personal attack on the newspaper, which refuses to tolerate the rampant corruption. The company intends to bring a lawsuit against the Financial Police, as the representatives of the Financial Police without a corresponding court warrant, raided and confiscated the financial documentation of the newspaper. “This is a crime,” stated the lawyer for the newspaper, Eka Beselia. “We are going to file a lawsuit against the Financial Police for humiliation of reputation and honor of the newspaper and demand moral compensation.”

According to the representatives of “The Georgian Times,” the investigation, conducted by the Financial Police, was ordered by Valeri Grigalashvili, the General Procurator of Tbilisi. The incident was preceded by a series of articles published in the newspaper during a month period. The journalistic investigation included compromising materials about Valeri Grigalashvili, revealing him as engaged in anti-constitutional and illegal activities. The last publication before the raid highlighted the professional activity of the Tbilisi Procurator and in an interview, Lordi Lebanidze, the former procurator, blamed Valeri Grigalashvili for corruption and demanded he be held liable for criminal activity. According to the statement of Malkhaz Gulashvili, the leader of Media Holding, Valeri Grigalashvili, the General Prosecutor had threatened to shutdown the paper. The threats were made personally against him and his wife Nana Gagua, who is the editor of “The Georgian Times.” The statements informed them that they would be detained and the newspaper would be closed. “During the former government we had more problems, but there were only threats, that had not been implemented. But, since the new government came to power, 7 newspapers, 2 TV Channels and popular talk-shows have been shutdown. We classify this as a pressure on media and restriction of freedom of speech. But I can’t blame exactly the central government in it - the president or the prime-minister. Responsibility for this situation should be undertaken by the procurator of Tbilisi,” noted the executive of “Georgian Times.”” 07.2004 HRIDC - Human Rights Information and Documentation Centre - Original title: "New Victim of the New Power: “Georgian Times” Threatened with Shutdown" (#24327) original document (English)

15.04.2004 - IHF: In early 2004, there were concerns that the diversity of the media was being significantly reduced since most of the media formerly connected to the opposition now supported the government “Under the new government, the media continued to operate relatively freely. However, in early 2004, there were concerns that the diversity of the media was being significantly reduced since most of the media formerly connected to the opposition now supported the government, leaving very few outlets that did not have a pro-government orientation. In early February 2004, two television stations, Rustavi-2 and Mze, simultaneously stopped broadcasting popular evening talk shows that discussed political issues. This led to concerns that the government was trying to control the media prior to the parliamentary elections at the end of March 2004.” Annual report of human rights violations (elections; freedom of expression and the media; torture, ill-treatment and police misconduct; freedom of religion, asylum seekers) (#21453) 23.04.2004 IHF - International Helsinki Federation for Human Rights - Original title: "Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003)" original document (English, doc, 90.5 kB) original document (English)

15.04.2004 - IHF: In 2003, the television station Rustavi-2 was targeted by a broad government campaign to harass and discredit “In 2003, the television station Rustavi-2 was targeted by a broad government campaign to harass and discredit it. Rustavi-2 was the main independent television station until it gradually began to support Saakashvili. After the change of government, it openly declared itself to be on the side of the “victors.”

Rustavi-2’s investigative biweekly program, "60 Minutes," was at the center of attacks because it disclosed corruption and other abuses by authorities and powerful business people. Later, it reported extensively on the anti-Shevardnadze demonstrations. On 10 March, the Supreme Court published a statement requesting the prosecutor general to conduct a criminal inquiry into "60 Minutes." The 16 February edition had revealed that government officials, whom the program had previously caught on hidden camera talking about bribes they had taken and engaging in other corruption, had been fired and later rehired. Rustavi-2 also faced a 10-million-Lari (€3.95 million) criminal libel lawsuit in the Supreme Court that was unrelated to the court's request for an investigation into the station. Valeri Asatiani, the former minister of culture, had filed the suit against the station in April 2000 after "60 Minutes" had featured a convicted criminal accusing her of ordering him to murder her business partner. Rustavi-2 had to pay 50,000 Lari (€19,700) in “moral damage” to Asatiani. Other government officials also had filed suits in lower courts against "60 Minutes."

In the lead-up to the November elections, the Shevardnadze government held Rustavi-2 largely responsible for the political crisis and increased intimidation and pressure against it. On 13 November, when the election results had still not been published, the CEC cancelled Rustavi-2's accreditation because the station broadcast a message from the Kmara student movement, which called on the commission to stop falsifying the election results.

On 29 December a rocket attack was carried out against Rustavi-2. It damaged the façade of the Rustavi-2 building but caused no injuries. The station’s transmission was blocked for several weeks in the Adjaria region.” Annual report of human rights violations (elections; freedom of expression and the media; torture, ill-treatment and police misconduct; freedom of religion, asylum seekers) (#21453) 23.04.2004 IHF - International Helsinki Federation for Human Rights - Original title: "Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003)" original document (English, doc, 90.5 kB) original document (English)

15.04.2004 - IHF: Saakashvili government suggested introducing lengthier sentences for defamation of public officials; Georgian defamation laws not up to par with international standards “Defamation legislation was frequently abused to shield those in power from media scrutiny. Both civil and criminal defamation laws provided for harsh sentences of those found guilty. Soon after coming into power, the Saakashvili government suggested introducing lengthier sentences for defamation of public officials.

According to NGO “Article 19,”Georgian defamation laws were not up to par with international standards. In addition to providing for criminal defamation, which is not acceptable under international standards, the Civil Code contained a dangerously broad definition of people who could be sued for defamation. The provisions were not developed in sufficient detail to provide the safeguards necessary to protect freedom of expression. “Article 19” recommended that defamation be decriminalized; that public bodies, including bodies forming part of the legislative, executive or judicial branches of government, be barred from suing for defamation; that statements of opinion as opposed to factual accusations not be actionable in defamation; that Internet service providers and others performing similar functions be shielded from liability; that there be a defense of reasonable publication; that damages awarded always be proportionate to the harm suffered; and that a fixed ceiling be established for non-material harm.” Annual report of human rights violations (elections; freedom of expression and the media; torture, ill-treatment and police misconduct; freedom of religion, asylum seekers) (#21453) 23.04.2004 IHF - International Helsinki Federation for Human Rights - Original title: "Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003)" original document (English, doc, 90.5 kB) original document (English)

04.2004 - HRIDC: Interview with the editor-in-chief of the Tavisupali Gazeti, Tamuna Lepsveridze regarding the situation of the media in post-revolutionary Georgia 04.2004 HRIDC - Human Rights Information and Documentation Centre - Original title: "The Target of the Georgian Government: Freedom of Speech" (#21569) original document (English)

24.02.2004 - HRW: Report focused on religious intolerance, freedom of assembly and expression, torture in prisons and the situation of internally displaced, refugees and Meskhetian refugees “During the Shevardnadze period, the rights to freedom of assembly and expression were more or less respected. Public protests were permitted and occurred on a regular basis and, for the most part, the government did not interfere unduly with the media. There were sporadic attacks on independent journalists, and independent media outlets continued to face severe economic pressures. However, the media reflected a wide range of political viewpoints.21

Under the new government, there have been several worrying developments regarding freedom of assembly. In January, the police violently broke up several peaceful protests and no action has been taken against the police. On the contrary, high-level officials have reportedly justified the police response.22 In one case, seven men present23 at a peaceful protest in Terjola against the arrest of a man charged with illegal possession of firearms are now in custody, on remand for three months of pre-trial detention. They are charged with breaching public order by intentionally blocking a road. (See appendix for full details of this case). Commentators agree that this is the first time in many years that people have been imprisoned for attending a peaceful protest in Georgia, including many protests where protesters have blocked roads.24

The media continue to operate relatively freely. However there are concerns that the diversity of the media has been significantly reduced since most of the media formerly connected to the opposition now support the government, leaving very few outlets without a pro-government orientation. In early February two television stations, Rustavi 2 and Mze, simultaneously stopped broadcasting popular evening talk shows that discussed political issues. This has led to concerns that the government may be trying to control the media environment prior to the parliamentary elections at the end of March 2004.25” 24.02.2004 Human Rights Watch - Original title: "Agenda for Reform: Human Rights Priorities after the Georgian Revolution" (#19671) original document (English)

20.02.2004 - Eurasianet: According to critics police violence and media intimidation on the rise despite Saakashvili's strong commitment to democratic standards 20.02.2004 Eurasianet - Original title: "Georgia: Critics Say Police Violence, Media Intimidation On The Rise" (#19612) original document (English)

05.09.2003 - Prima News Agency: A district court in Tbilisi declared invalid a decree of the Central Election Commission, whoch practically banned Georgia’s mass media to comment on political processes during 50 days before election day 05.09.2003 Prima News Agency - Original title: "Georgia’s media assert their rights for freedom of speech" (#15786) original document (English)

04.08.2003 - Freedom House: Media freedom: although the current legislation does not challenge media freedom directly, it contains some provisions that may be misused against the media “Although the current legislation does not challenge media freedom directly, it contains some provisions that may be misused against the media. For instance, Article 4 of the law stipulates that “the mass media are forbidden to disclose state secrets; to call for the overthrow or change of the existing state and social system; to propagate war, cruelty, racial, national, or religious intolerance; to publish information that could contribute to the committing of crimes; to interfere in the private lives of citizens or to infringe on their honor and dignity.” Media outlets also are required to register and obtain a license from the state (Article 7), and if the registration body considers the goals of the applicant to be in contradiction with the law (Article 10), it may deny registration to the media outlet. On the same grounds, this article may be applied retroactively and a licensed outlet’s activity suspended for a year without any legal proceedings. The Law on State Secrets, adopted by Parliament in September 1996, may also be a tool for media restriction. The attachment to the law, which contains a list of state secrets developed by the National Security Council, is extremely broad and is close to Soviet standards. Specifically, public servants responsible for leaking state secrets and journalists who disseminated the information may be held legally responsible. In practice, however, the government has been reluctant to use these provisions against the media. Given that television is the principal source of news and information for the majority of the country’s population, regulations on the distribution of broadcasting frequencies is a critically important issue. The passage in 1999 of the Law on the Post and Communications was an important positive step. This law removed direct control over the licensing process in telecommunications from the Ministry of Post and Communications and passed it to the National Regulatory Commission for Communication, an autonomous licensing commission created in May 2000.” General environment of instability in the country: report on democratization (electoral process, civil society, independent media) and rule of law (corruption) (#15273) 04.08.2003 Freedom House - Original title: "Nations in transit 2003: Georgia" original document (English, pdf) [text]

04.08.2003 - Freedom House: Defamation cases “Although most public officials choose to ignore negative media reporting even if it contains allegations of criminal activities, many favor antidefamation over libel as a legal tool to counter criticism in the media. In cases of libel, the burden of proof lies on the plaintiff, while in cases of defamation, the media company must prove the accuracy of its information. The efficacy of pressing charges is mixed. In many cases, plaintiffs indeed lose. And when they win, courts often impose symbolic sanctions on the media outlets and journalists involved rather than the substantial fines plaintiffs seek. The most publicized defamation case of 2002 was that between Vano Chkhartishvili, a banker and former minister of economy, and Levan Berdzenishvili, a prominent NGO figure who publicly called Mr. Chkhartishvili a “thief.” Mr. Berdzenishvili’s lawyers insisted that his statement constituted an opinion that did not require specific proof. Lower-level courts denied Mr. Chkhartishvili’s suit, and while the Supreme Court directed Mr. Berdzenishvili to apologize, it refused to award over 1 million Georgian lari (about US$450,000) in damages. Members of the political elite, including high-level government and ruling party figures and occasionally the president himself, sometimes make statements that are hostile to the independent media, consider independent media “antistate,” and advocate more restrictive legislation. Calls to put limits on media freedom also originate from within the Revival Party faction. Although legal measures to safeguard the dignity of public officials have been introduced in the past, such attempts have failed. However, they have created a sense of insecurity within the journalistic and NGO communities. Rustavi-2, the most influential independent TV station and a frequent object of government wrath, survived an attempt to close it down in 1997. In 2001, a raid by the Ministry of Security on the offices of Rustavi-2 (based on alleged tax evasion) led to a large public demonstration and sparked a political crisis that was defused only after the firing of the cabinet and the resignation of the Speaker of Parliament.” General environment of instability in the country: report on democratization (electoral process, civil society, independent media) and rule of law (corruption) (#15273) 04.08.2003 Freedom House - Original title: "Nations in transit 2003: Georgia" original document (English, pdf) [text]

04.08.2003 - Freedom House: The media face greater restrictions outside the capital “The media face greater restrictions outside the capital. In Adjara, for example, there are no independent broadcasts on political issues. When Channel 25, the only independent television company in Adjara, began to broadcast news programs in February 1999, three of its four owners were forced under threat to cede 75 percent of the company’s shares to a local Mafia boss. In the self-proclaimed Abkhazian and South Ossetian Republics, a few independent outlets have appeared, but the authorities control most media there as well. In other regions, journalists often become targets for harassment after exposing official corruption. In June 2002, for example, the mayor of Bolnisi physically assaulted a female journalist who tried to publicize local election violations. In September 2002, more than 20 police officers raided a local television station in Zugdidi, beating staff and smashing equipment. The station had cooperated with the 60 Minutes television program on Rustavi- 2 on a report about police involvement in gasoline smuggling from Abkhazia. There were other instances of abuse in 2002 in Kutaisi, Telavi, and elsewhere.” General environment of instability in the country: report on democratization (electoral process, civil society, independent media) and rule of law (corruption) (#15273) 04.08.2003 Freedom House - Original title: "Nations in transit 2003: Georgia" original document (English, pdf) [text]

31.03.2003 - US State Department: Several instances of intimidation of journalists “The Constitution and the law provide for freedom of speech and of the press; however, although the independent press was generally free, there were several instances of intimidation of journalists. According to journalists and NGOs, security and other authorities on occasion attempted to intimidate the press through public comments, private admonitions, and violence. Nevertheless, during the year journalists were able to publish wide-ranging and extremely critical views of officials and their conduct; however, some journalists practiced self-censorship.

The Administrative Code contains a freedom of information section that provides for public access to government meetings and documents; however, few journalists employed it. The adoption of a freedom of information act and judicial enforcement of this law made agencies more willing to provide information. However, the Government often failed to register freedom of information act requests, as required by the administrative code. Although the law states that a public agency shall release public information immediately, or no later than 10 days, the release of requested information could be delayed indefinitely. A requesting party had no grounds for appeal.” Country Reports on Human Rights Practices - 2002 (#11848) 31.03.2003 US Department of State - Original title: "Country Reports on Human Rights Practices - 2002" original document (English)

04.03.2002 - US State Department: Investigative journalism inhibited by libel laws “The Constitution and the law provide for freedom of the press; however, although the independent press was generally free, there were several instances of intimidation of journalists. According to journalists and NGO's, security and other authorities on occasion attempted to intimidate the press through public comments, private admonitions, and violence. Nevertheless during the year, journalists were able to publish wide ranging and extremely critical views of officials and their conduct; however, some journalists practiced self-censorship. [...] The Administrative Code contains a freedom of information section that provides for public access to government meetings and documents; however, few journalists have employed it. The adoption of a freedom of information act and judicial enforcement of this law have made agencies more willing to provide information. However, the Government often failed to register freedom of information act requests, as required by the administrative code. Although the law states that a public agency shall release public information immediately, or no later than 10 days, the release of requested information may be delayed indefinitely. A requesting party has no grounds for appeal.

Libel laws inhibit investigative journalism. The Civil Code and other legislation make it a crime to insult the honor and dignity of an individual and place the burden of proof on the accused.” Annual report 2001 (#5795) 04.03.2002 US Department of State original document (English)

05.03.2002 - SFH: Violence and threats against journalists “In Georgien zählte man im Jahre 2000 etwa 200 unabhängige Zeitungen. Von der populärsten Tageszeitung "Alia" waren landesweit ca. 20 Prozent mehr Exemplare im Umlauf als vom "Offiziellen Blatt", das von der Regierung finanziert und kontrolliert und in drei Sprachen (Russisch, Azeri und Armenisch) herausgegeben wird. Mit Drohungen gegen und Überfällen auf JournalistInnen wird die unabhängige Presse in Angst gehalten und das Entstehen bzw. Erscheinen von regimekritischen Artikeln verhindert. Viele JournalistInnen üben sich im Selbstzensur. Drohende Verleumdungsklagen hemmen Recherchen der JournalistInnen. Die Ermordung von Giorgi Sanaia im Juli 2001 löste in Tiflis eine Serie von Protesten aus. Er war einer der populärsten JournalistInnen beim unabhängigen Fernsehkanal "Rustawi-2", der immer wieder über staatliche Korruption und Machtmissbrauch berichtet hatte. Den ersten Erklärungsversuchen der Behörden und der Regierung (Selbstmord, Provokation zu Unruhe stiften, Keil schlagen zwischen Volk und Staat) schenkte die Bevölkerung keinen Glauben. Die Tat wurde von Medienleuten als Vorbote weiterer Angriffe auf die Rede- und Pressefreiheit betrachtet. Auch der Präsident des georgischen Parlamentes, Zurab Schwania betrachtete den Mord als eine Aktion gegen die Medienfreiheit. Parallelen zum Fall des getöteten ukrainischen JournalistInnen Heorhiy Gongadze wurden gezogen. Um jeden Verdacht abzuweisen, ersuchte Präsident Schewardnadse das US-amerikanische FBI sich an den Ermittlungen zu beteiligen.” Humanitarian Situation; + Human Rights (obligatory military service, discrimination of women, Jehovah's Witnesses, Yezidi) (#8057) 05.03.2002 Schweizerische Flüchtlingshilfe/Swiss Refugee Council - Original title: "Lageanalyse Februar 2002" original document (German, pdf) [archive, 91.8 kB] German (64 kB)

13.09.2001 - Council of Europe: Electronic media law “136. Upon its accession to the Council of Europe, Georgia undertook “to adopt a law on the electronic media within a year after its accession”.

137. Before accession, a law on the electronic media had been under preparation with the aim of turning state media into public channels under the supervision of an administrative board composed of independent members, thereby eliminating direct control by the authorities. After accession, a law was adopted on the Regulatory Board of Telecommunications, an institution to grant licences. However, this law is not the one envisaged in Georgia’s commitment.

138. The media representatives gave us the impression that there was no consensus on this issue: some journalists present ever appeared hostile to the idea of a law regulating their profession, whereas others were in favour of the adoption of a code of ethics for the journalist profession. Nobody seemed to object to a law on the electronic media which would simply turn the state electronic media into public institutions, thus guaranteeing independence, pluralism and objectivity, which was not the case at present.

139. During our second visit, in November 2000, the media representatives reiterated that the 1992 Law on the Mass Media probably needed updating but that a new law was not necessary.

140. For our part, we think that the necessity of regulating the electronic media is also demonstrated by the lack of objectivity during the recent campaign for the presidential elections. The ad hoc committee of the Assembly’s Bureau which observed these presidential elections stated that the situation was “particularly deplorable in state-owned electronic media”. According to the analysis made by the European Institute for the Media, in defiance of the existing legislation and international standards, the incumbent received two-thirds of the air time allocated to candidates and there was a clear bias in terms of tone and range of coverage. The ad hoc committee noted that, by the same token, media in Adjaria showed a clear preference to Adjaria’s leader, Mr Abashidze.

141. To sum-up, we believe that the Georgian Government and/or Parliament should resume discussions with the media representatives on the elaboration of a law on the electronic media as soon as possible, in consultation with the Council of Europe.” Report on human rights and fundamental freedom: Legislation, law enforcement, prison conditions, minorities and refugees (#10653)

[Redbob]

Does Zell MIller know about this?

[jb6]

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[Tailgunner Joe]

Zounds! Soros-funded NGO's are criticizing Saakashvili's dictatorship? This must be true if Freedom House and Human Right Watch say so! LOL!