Georgia
18.10.02
Urgent Interventions
Georgia: Offices of "Prisoners of Brotherhood" broken into
Mr. Eduard SHEVARDNADZE
President of the Republic of Georgia
By fax: 00 995 32 99 96 30
Paris-Geneva, 17th October 2002,
Mr President,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, would like to express their deepest concern regarding the break-in of the offices of the “Prisoners Brotherhood” NGO in Tbilisi on the 14th of October 2002.
According to the information received from the Human Rights Information and Documentation Centre (HRIDC), unidentified men attacked the NGO’s premises and stole the files related to the case of a Georgian citizen, Robinson Margoshvili, who is defended by Mrs. Lali Aptsiauri, the President of “Prisoners Brotherhood”.
Mr. Margoshvili is part of a group of 13 Chechens arrested on August 3-5 by Georgian boarder-guards near Russia, who are suspected by the Russian authorities of supporting Chechen rebel groups. Russia asked for their extradition, claiming that the refusal by the Georgian authorities to extradite the detainees would prove “complacency in terrorism on their part”.
Five of them were extradited to Russia on October 4, after the Georgian Security Ministry charged all of them with “illegal crossing of the state border” and “carrying weapons and explosives”. Russia is currently asking for the extradition of the eight other Chechen detainees, among whom is Mr. Margoshvili.
The first extraditions occurred on the same day that the Vice-President of the Second Section of the European Court of Human Rights indicated to the Georgian authorities that “it was desirable in the interests of the parties and the proper conduct of the proceedings before the Court not to extradite the applicants to Russia until the chamber had had an opportunity to examine the application”.These extraditions were denounced by human rights activists because of the risks faced by Chechen prisoners in Russia, as regards, in particular, their right to life and physical integrity.
The Observatory fears that this attack may be linked to the work of “Prisoners Brotherhood” in favour of prisoners rights and its position against these extraditions. Moreover, this attack constitutes a flagrant obstacle to the rights of human rights defenders guaranteed by the UN Declaration on Human Rights Defenders, according to which, in particular, “everyone has the right, individually and in association with others, to offer and provide qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” (article 9.3.c).
The Observatory recalls that these acts take place in a context of increasing violence against and attempts to discredit Georgian human rights defenders, in violation of the UN Declaration on Human Rights Defenders.
The Observatory urges Georgia’s highest authorities to:
i. Order an immediate investigation into this attack in order to identify those responsible, bring them to trial and apply the sanctions provided by law;
ii. Put an end to all forms of harassment against Human Rights Defenders and attempts to discredit Human Rights Defenders;iii.
iii. Ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998 in particular under article 1, which stipulates that "every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level", article 12: “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration." and 9.3.c as mentioned above;
iv. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Georgia.
We thank you for your careful consideration in this matter.
Sincerely yours,
Sidiki KABA
President of the FIDH
Eric SOTTAS
Director of the OMCT
President of the Republic of Georgia
By fax: 00 995 32 99 96 30
Paris-Geneva, 17th October 2002,
Mr President,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, would like to express their deepest concern regarding the break-in of the offices of the “Prisoners Brotherhood” NGO in Tbilisi on the 14th of October 2002.
According to the information received from the Human Rights Information and Documentation Centre (HRIDC), unidentified men attacked the NGO’s premises and stole the files related to the case of a Georgian citizen, Robinson Margoshvili, who is defended by Mrs. Lali Aptsiauri, the President of “Prisoners Brotherhood”.
Mr. Margoshvili is part of a group of 13 Chechens arrested on August 3-5 by Georgian boarder-guards near Russia, who are suspected by the Russian authorities of supporting Chechen rebel groups. Russia asked for their extradition, claiming that the refusal by the Georgian authorities to extradite the detainees would prove “complacency in terrorism on their part”.
Five of them were extradited to Russia on October 4, after the Georgian Security Ministry charged all of them with “illegal crossing of the state border” and “carrying weapons and explosives”. Russia is currently asking for the extradition of the eight other Chechen detainees, among whom is Mr. Margoshvili.
The first extraditions occurred on the same day that the Vice-President of the Second Section of the European Court of Human Rights indicated to the Georgian authorities that “it was desirable in the interests of the parties and the proper conduct of the proceedings before the Court not to extradite the applicants to Russia until the chamber had had an opportunity to examine the application”.These extraditions were denounced by human rights activists because of the risks faced by Chechen prisoners in Russia, as regards, in particular, their right to life and physical integrity.
The Observatory fears that this attack may be linked to the work of “Prisoners Brotherhood” in favour of prisoners rights and its position against these extraditions. Moreover, this attack constitutes a flagrant obstacle to the rights of human rights defenders guaranteed by the UN Declaration on Human Rights Defenders, according to which, in particular, “everyone has the right, individually and in association with others, to offer and provide qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” (article 9.3.c).
The Observatory recalls that these acts take place in a context of increasing violence against and attempts to discredit Georgian human rights defenders, in violation of the UN Declaration on Human Rights Defenders.
The Observatory urges Georgia’s highest authorities to:
i. Order an immediate investigation into this attack in order to identify those responsible, bring them to trial and apply the sanctions provided by law;
ii. Put an end to all forms of harassment against Human Rights Defenders and attempts to discredit Human Rights Defenders;iii.
iii. Ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998 in particular under article 1, which stipulates that "every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level", article 12: “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration." and 9.3.c as mentioned above;
iv. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Georgia.
We thank you for your careful consideration in this matter.
Sincerely yours,
Sidiki KABA
President of the FIDH
Eric SOTTAS
Director of the OMCT