Georgia: Judicial proceedings / sentencing

Case GEO 090106

Judicial proceedings / Sentencing

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Georgia.

Brief description of the situation:

The International Secretariat of OMCT has been informed by the Human Rights Information and Documentation Center (HRIDC), a member of the OMCT network, about the condemnation by the Civil Court of Tbilisi of Mr. Mahomed Mahaev, Chechen refugee and member of the humanitarian organisation Imedi (“Hope”), to three months of preliminary imprisonment, on December 28, 2005.

According to the information received, on December 27, 2005, Mr. Mahomed Mahaev was arrested by members of the Special Operative Department of the Ministry of Internal Affairs as his organisation was believed to have links with the terrorist network Al Qaeda. Imedi was also accused of “falsification of documents”, and of “abuse of duties”. All humanitarian activities carried out by Imedi in the Pankisi gorge have since then been stopped

The General Procurer’s Office is said to have been investigating the case since July 2005. On September 6, 2005, members of the General Prosecutor’s Office had raided the flat of Mr. Makhaev, taking away computers and all documents linked to his work at Imedi. The organisation had then to stop its activities for one month and a half. On September 20, 2005, a criminal investigation procedure started, based on information provided by the financial monitoring department.

At the end of October 2005, the Special Department on the legalisation of illegal income of the General Prosecutor’s Office returned all the documents to Mr. Makhaev.

Mr. Makhaev established and registered Imedi in April 2003 as an organisation assisting Chechen refugees in Georgia and providing them with humanitarian aid. The organisation has been in particular operating in Pankisi gorge, on Georgia’s border with Chechnya.

OMCT fears for the physical and psychological integrity of Mr. Mahomed Makhaev.

Action requested:

Please write to the Georgian authorities and ask them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Mahomed Mahaev;

ii. Order his immediate release in the absence of valid charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;

iii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Georgia.

Addresses:

• Mr. Mikhail Saakashvili, President, State Chancellery, 7 Ingorokhva Street. 380034 Tbilisi, Georgia; Tel: + 995 32 99 96 53, Fax: (+ 995 32) 99 92 00, E-mail: pr@president.gov.ge
  
  
• Mr. Gela Bezhuashvili, Secretary, National Security Council of Georgia, 7 Ingorokhva Street. 380034 Tbilisi, Georgia, Tel: +995 32 93 23 22 ; Fax: +995 32 98 99 72 ; E-mail: snsc@gol.ge
  
  
• Human Rights Service of the National Security Council: Tel: + 995 32 93-13-22 ; Fax: + 995 32 92-35-58
  
  
• Mr. Ivane Merabishvili, Minister of Interior, Ministry of Interior of Georgia, Tel: +995 32 99 62 96 / 99 80 50 / + 995 32 99 95 55; Fax: +995 32 98 71 46 / 99 95 24; E-mail: presscenter@pol.ge
  
  
• Ms. Elene Tevdoradze; Head of the Parliamentary Committee on Human Rights Petitions and Relations with the Civil Society, Parliament of Georgia, 8 Rustaveli Avenue. 380018 Tbilisi, Georgia; Tel: +995 32 99 69 51; Fax: +995 32 92 15 63 / 92 33 50;
  
  
• Ms. Konstantin Kemularia, Minister of Justice, 19, Griboedov st, Tbilisi, 380008, Georgia, Tel: +995 32 93 27 21 / 93 50 49 / 75-82-22; Fax: +995 32 93 02 25 / 75-82-22 ; Email: justice@justice.gov.ge
  
  
• Mr Zurab Adeishvili, General Prosecutor of Georgia, 24 Gorgasali st, 380014, Tbilisi, Georgia; Tel: +995 32 98 21 54 / 93 23 44 / 93 68 45 / 99 06 68; Fax: +995 32 98 21 70
  
  
• Mr Sozar Subari, Ombudsman of Georgia, 11, Machabeli street, Tbilisi 0107, Georgia, Phone: + 995 32 92 39 60 / 92 24 78 / 92 24 81 / 93 15 85; Fax: + 995 32 92 24 70; Email: info@ombudsman.ge

Please also write to the diplomatic representations of Georgia in your respective countries.

Geneva 9th January 2006

Kindly inform OMCT of any action undertaken quoting the code number of this appeal in your reply.