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GYLA Believes that Adjara TV must be granted the Status of a Public Broadcaster

Currently Adjara TV serves as a sub-agency broadcaster of the Autonomous Republic of Adjara. Analysis of legal acts suggests that an administrative agency may not be delegated with functions of a broadcaster. Current status of Adjara TV conflicts with para.2, Article 37 of the Law on Broadcasting of Georgia, which stipulates that owner of a broadcasting license/an authorized individual may not be an administrative agency. We view determining the status of Adjara TV as one of the priority issues today. In order to resolve the issue, it is important to put in place a legal framework for regulating activities of Adjara TV. We believe it is important to grant it with the status of a public broadcaster.

2012-11-02 12:15 See more

New Evidence in the Case of Zurab Vazagashvili and Aleksandre Khubulov

On May 2, 2006, Zurab Vazagashvili and Aleksandre Khubulov were shot to death in a BMW by officers of the Ministry of Internal Affairs of Georgia following a special operation in Tbilisi near tennis court. According to official statement of MIA, these persons were on their way to committ a robbery and police officers fired only after shots were fired from the vehicle to the police. There were many questions about the case from the outset, indicating that MIA’s official statement was untrue. GYLA’s lawyers were defending interests of Zurab Vazagashvili’s legal successor. Although investigation was launched, we believe that it was conducted in a biased and subjective manner, resulting in termination of proceedings for no evident violation of criminal laws in actions of the police. The defence has now acquired important evidence. As public is aware, the only person sitting in the BMW during the shootout who survived is Bondo (Buba) Puturidze, who later signed a plea agreement. Up until now, it was reported that Puturidze had confessed to the charges. The statement that he gave before court confirmed that the Special Forces officers fired back after they resisted. On October 26, 2012, Bondo Puturidze gave a statement to GYLA’s lawyer Gagi Mosiashvili, rejecting his testimony before court and explaining that the testimony was obtained as a result of pressure. Pruidze noted in his statement that he and his friends had not intention of robbing and did not bear arms.

2012-10-30 13:22 See more

NGOs Requesting the Government of Georgia to Examine Circumstances of Dismissals on Political Grounds

The International Society for Fair Elections and Democracy (ISFED), Georgian Young Lawyers’ Association (GYLA) and Transparency International – Georgia examined and published a number of reports about acts of pressure exerted on citizens, most of all about dismissals in public sector on political grounds. Dismissal from the Ministry of Education, Science and Monuments Protection, Ministry of Interior Affairs, Ministry of Labor, Health and Social Affairs, local self-governments and their subordinate agencies, legal entities of public law were most frequent. NGOs apply to heads of all corresponding ministries and local self-government agencies to launch immediate probe within respective agencies into the circumstances of these dismissals in order to restore rights of illegally dismissed persons and to identify makers of illegal decisions in a timely manner.

2012-10-29 11:16 See more

GYLA’s Georgian Media Legal Defense Center Responds to the Recent Developments around PIK TV Company

Since October 12, 2012, the work of PIK TV Company has been disrupted and currently its journalists are unable to conduct their professional activities. The TV Company is broadcasting material prepared by them previously and the audience no longer has access to news through PIK TV Company. Pursuant to the government procurement agreement #3-1, dated January 13, 2012, concluded between the legal entity of public law Public Broadcaster and PIK TV Company Ltd., PIK must provide Channel 3 (First Caucasus Channel) with TV-content produced in Russian language. According to the public broadcaster, by staging a silent protest live on air and by unauthorized restoration of the channel’s broadcast via satellite on October 13, 2012, PIK grossly violated the agreement. This was communicated to PIK’s management by the public broadcaster’s general director on October 16. Further, according to the written correspondence of Alexandre Parulava, PIK’s General Director, the contract was suspended at the initiative of PIK TV Company. We believe that documents that have been published raise a number of questions about the public broadcaster as well as the management of PIK TV Company.

2012-10-25 08:53 See more

Constitutional Court Ruled in Favor of GYLA in a Lawsuit

Constitutional Court of Georgia ruled in favor of GYLA and granted the claim for deeming unconstitutional the provision of the Law of Georgia on Operative Investigating Activities that allowed investigating authorities to intercept private internet communication. These norms allowed interception of private internet communication by means of password cracking or secret installation of other technical means. GYLA believed that the provision was unconstitutional since it did not allow the possibility of court control over interception of private internet communication which in turn constitutes a private, intimate field of an individual concerned, protected by Article 20 of the Constitution of Georgia. The latter stipulates that court warrant or urgent need is a necessary precondition for curtailing the right to privacy. None of these circumstances are considered by the Law on Operative Investigating Activities.

2012-10-25 08:05 See more

Appeal of Civic Organizations and Unions to the Parliament of Georgia

Us, civic organizations and unions apply to you once more for nominating and appointing Tamar Gurchiani to the position of public defender of Georgia. Initially her candidacy was supported by 39 civic organizations and unions; however, currently number of her supporters throughout Georgia has reached hundred and is increasing. She is equally endorsed by organizations specializing in civil and political rights, social, environmental, cultural preservation affairs, protection of rights of women, children and persons with disabilities as well as various vulnerable groups and independent media organizations. In interviews with Tamar Gurchiani broadcasted by media recently as well as TV-debates between the candidates has convinced us once more that Tamar Gurchiani is politically impartial, a person of principle, highly qualified lawyer and has an extensive experience in working in the field of human rights. In particular, throughout the years she has participated in local, regional and international projects for the promotions of media freedom, government transparency, good governance and fair elections.

2012-10-25 07:17 See more

Statement of Non-Governmental Organizations

On October 16, 2012, incoming PM Mr. Bidzina Ivaniashvili nominated incoming cabinet of ministers, including Mr. Davit Darakhvelidze as a candidate for the office of the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia. Non-governmental organizations are concerned that during election campaign in Ambrolauri District the ministerial candidate used hate speech and racist remarks, as well as aggressive language in relation to media. These remarks are in conflict with European values and the Euro-Atlantic integration course that have been declared as Georgia foreign policy priority, and violate fundamental human rights and freedoms.

2012-10-22 07:30 See more

Summary of Future Steps for Improving Media Environment

  The Coalition for Media Advocacy has total of 12 member NGOs whose goal is to improve media environment and promote protection of freedom of expression standards. Member organizations have been working together for more than a year to achieve the goals we have set. We elaborated and presented to the authorities a number of proposals for concrete reforms. It must be highlighted that some of our initiatives were shared by the government. However, significant issues remain that need to be addressed and thoroughly revised; subsequent legislative amendments or practical measures need to be implemented. Otherwise, it would be impossible to improve the media environment. Member organizations have elaborated concrete proposals and project for each individual issue raised below and we remain hopeful that new parliament and government of Georgia will closely cooperate with us for improving the media environment. 1. Forming and developing public broadcaster as an independent broadcaster For the purpose of examining the work of the public broadcaster, the State Audit Office must carry out an ad hoc audit based on the parliament’s request and present audit results to the parliament and public. The following recent developments have clearly illustrated the necessity of ad hoc audit: a) writing off the public broadcaster’s tax debts that have accumulated over the time and b) conflict with Alania, the company managing PIK TV Company.  

2012-10-22 07:22 See more

GYLA Will Monitor Repeat Elections in All Election Precincts

Repeat elections of the October 1, 2012 parliamentary majoritarian elections to be held on October 14, 2012, will be observed by Georgian Young Lawyers’ Association in all election precincts. GYLA’s observers will monitor repeat elections in N5 election precincts of Sighnaghi Election District N13; N4 election precinct of Gori N32 Election District; precincts №1, № 2, №3, №8, №9, №10, №13, №45, №46 of Khashuri Election District N35.

2012-10-15 08:04 See more

GYLA Referred the Application of Convict Chikhladze to the Office of the Prosecutor and Requested a Probe

On September 28, 2012, convict Giorgi Chikhladze applied to the chairperson Georgian Young Lawyers’ Association with an application, describing human rights violations that he was subjected to during his arrest on June 30, 2011. The convict explains that Data Akhalaia was also involved in these illegal actions together with other individuals. Facts reported in the application constitute criminal offences, which may serve as grounds for launching a probe. Therefore, today, on October 11, GYLA referred the application to the office of the prosecutor, requesting a probe into the alleged facts cited in the application.  

2012-10-12 07:15 See more