POLITICS
GEORGIA TODAY
DECEMBER 31, 2021 - JANUARY 13, 2022
5
EGI President’s Letter Summarizing Georgia’s 2021
T
o celebrate the end of the year, George Melashvili, president of the leading hybrid independent civil society organization, the Europe-Georgia Institute (EGI), has released a summarizing letter – an annual report and assessment which discusses all major political events in Georgia. The summary itself represents a summary of the organization’s weekly Political Digest, published by the EuropeGeorgia Institute with the support of the Swedish International Liberal Center, with the aim of summarizing current political developments in Georgia. The Political Digest is one of the organization’s flagship projects that helps its partners keep their finger on the pulse of Georgian politics. Its subscribers are the heads of international organizations, politicians, members of the European Parliament and national parliaments, as well as members of the Senate and Congress, heads of foundations and nongovernmental organizations. The letter released by George Melashvili thoroughly reviews and summarizes all the important developments that occurred throughout the year that had a significant impact on the current political and social polarization the country is facing. The document notes that 2021 ended up being a year of turmoil – with everchanging Covid-19 news, turbulent political life, and Russia and Ukraine on the brink of war. “Just like everywhere in the world, 2021 was a turbulent year that began in hope, flirted with whiplash, and shuddered to a halt. I will outline several events that are most memorable to me: an unprecedented involvement of the European Union and Charles Michel’s agreement; aftershocks of the 2020 Nagorno-Karabakh War and 3 + 3 format; events on the 5th of July and burning of the EU flag; municipal elections in Georgia and Mikheil Saakashvili’s return, and last but not least – Georgia’s long lasting bleeding wound: the judiciary,” notes the author. The letter recalls that the year began with a clash between Nika Melia, the Chairman of the United National Movement, and the ruling party. Shortly after the decision to arrest Melia, Georgia’s 14th Prime-Minister Giorgi Gakharia resigned and announced the creation of a new “For Georgia” party. “The party demonstrated promising results at the municipal elections, becoming the kingmaker in several municipalities. Gakharia’s resignation, Melia’s arrest and the return of Georgian Dream’s hardliner Irakli Garibashvili to the post deepened the political crisis even more,” the author concludes. To deal with the deepening political crisis, Charles Michel’s agreement was achieved. “Michel’s involvement and actions were not merely political: it was not only an important symbolic gesture that the European Union remains in the region, but an indication that the EU truly considers Georgia a part of the European space and is ready to engage. For those in Georgia
who felt Westlessness and noticed an increased Russian presence and pressure, it was an important step in the right direction. The efforts of both Christian Danielsson and Charles Michel were huge, and will remain an example of political willingness and tremendous hard work. Even though the political relevance of the agreement decreased following both the decision of Georgian Dream to leave it, and Georgia’s municipal elections, it became a foundation for the ongoing process of reconciliation initiated by the President of Georgia. Even though it is yet too early to predict whether this reconciliation attempt will be successful or not, it is yet another important step for Georgia’s democracy,” reads the letter. At the same time, the author adds, the aftershocks of the Karabakh War continue to keep the region stressed. This year an important development took place – Azerbaijan released 15 Armenian detainees, while Armenia provided Azerbaijan with important information that will facilitate humanitarian demining and prevent future casualties. Georgia played an essential role in facilitating these steps, which bring the people of the region closer to the peaceful and prosperous future they deserve. Another aftershock of the war is the 3 + 3 format: an idea to launch a six-nation platform that includes the cooperation of Turkey, Azerbaijan, Armenia, Georgia, Russia and Iran. The official position of the Georgian government is that Georgia’s engagement in this regional platform “will be very hard when we see no process towards de-occupation”, with emphasis that sovereignty and territorial integrity are “red lines” for the Georgian government. The meeting of the platform was held in Moscow on December 10th and featured the Georgian flag, causing the Georgian MFA to condemn this action and reiterate that Georgia “has repeatedly stated its clear position”, emphasizing that the country “is not considering participation in this format.” Considering recent events in and around Ukraine, the motivation of these actions is easy to read – to create bait for Georgia and send a false message of cooperation resulting in Georgia losing its sovereignty. The most heartbreaking development is also connected with Georgia’s occupation: early in April, a family of three drowned in their attempt to cross the Enguri River separating occupied Abkhazia from Samegrelo. Russian authorities effectively closed the Enguri crossing point in late February 2020, forcing the local Georgian population to threaten their lives. This tragedy is a continuation of a heartbreaking pattern in Gali district, home to over 30,000 people, of which the absolute majority are ethnic Georgians with Georgian citizenship. These people live under constant threat to both their lives and identity, and are denied basic human rights. Irakli Bebua, a young Gali resident who burnt the flag of the occupation regime in Abkhazia, remains in jail, and Russian authorities continue to kidnap Georgian citizens both along Enguri River and in Shida Kartli. The document also mentions a judg-
ment on the interstate case of Georgia v. Russia (II), released on January 2, as an important development regarding occupation. The European Court of Human Rights (ECHR) asserted that since August 12, 2008, Russia has exercised continued “effective control” over the Tskhinvali region/South Ossetia and Abkhazia. The Court also held Russia responsible for the breach of six articles of the European Convention of Human Rights (ECHR), as well as for failure to conduct an effective investigation into the alleged breach of the right to life, in the aftermath of the Russo-Georgian War of August 2008. The “historic decision” was celebrated in Georgia both by the officials and the opposition as a major win for the country, and the significance of the landmark ruling was also stressed by Tbilisi’s international partners. According to the author, the most disappointing events in Georgia’s political life were the 5th of July events. The attacks were committed by right-wing groups on July 5 and 6 in an effort to prevent the Tbilisi Pride march from taking place. The attacks targeted civic activists, community members, and journalists who were peacefully exercising the rights guaranteed to them by Georgia’s Constitution. The mobs went largely unchecked by authorities as they attacked citizens and also broke into and vandalized the offices of the Shame Movement, the Human Rights Center, and Tbilisi Pride, attacked a long-term opposition tent protest outside of Parliament, and burnt the European flag hanging in front of the Georgian Parliament. “I will not dive into theories connecting the ruling party with the alt-right groups (who eventually were able to easily register a political party following these events), but the fact that the Georgian government had and has the responsibility to do their utmost to protect journalists conducting their work and citizens exercising their constitutional rights is obvious,” notes George Melashvili. “The government did not protect this right, and did little to nothing to bring justice to the injured, and failed to publicly condemn and prosecute acts of violence against them. The tragedy of Lekso Lashkarava, a TV Pirveli cameraman who was found dead at home on July 11, days after being attacked by the mob, will remain a constant tragic reminder of these events.” “Regarding the elections, I will just quote the ISFED Main Findings report published recently: ‘Municipal elections were more or less competitive; the election day was largely well administered. However, the financial and administrative resources concentrated in the hands of the ruling party prevented the provision of an equal electoral environment. The electoral environment was damaged by the high number of cases of pressure, threats, dismissal or coercion on political grounds, and the inappropriate response of the state to such cases.’ Cases of pressure, threats, dismissal or coercion are an unfortunate reality of Georgian politics, and they need to stay in the past. The return of Georgia’s third President was the most important earth-
quake of Georgian politics this year. Even though everyone, including the former President, should be equal before the law and, in ordinary circumstances, the fact of his arrest is not something extraordinary, there are several rather unfortunate developments turning this case into an example of politically motivated justice,” the author points out. The letter also touches upon the judicial proceedings related to the third President of Georgia, Mikheil Saakashvili, which drew special public attention. During Saakashvili’s hunger strike, the Special Penitentiary Service refused to bring the accused to court. The termination of the essential part of the medical treatment and the pending investigation in the State Security Service were named as reasons. The Public Defender of Georgia believed that restricting the possibility of appearing before a court grossly violates the right to a fair trial enshrined in the Constitution of Georgia and the European Convention. As for the refusal to escort Mikheil Saakashvili to court for alleged security reasons, it is noteworthy that the procedural law does not provide for such a thing. It should be noted that today Mikheil Saakashvili has access to court and he has twice participated in the trial in person. According to the author, another unfortunate development was the release of footage showing the transfer of Mikheil Saakashvili to Medical Establishment No. 18 against his will, the fact that was assessed by the Public Defender and the State Inspector’s Office as a violation of the prisoner’s right to honor, dignity and privacy. The developments around the State Inspector’s Office are also rather unfortunate – the Government of Georgia initiated a reform to eliminate the office of State Inspector of Georgia by splitting it into two separate agencies, decreasing the ability to monitor wrongdoings by officials and weakening it. The document assesses these developments as “rather unfortunate personal/political retaliation to the office.” “And finally – last but not least – Georgia’s long lasting bleeding wound: the judiciary. Since Georgia regained independence, the judiciary has always remained the soft spot. Every political party has tried to subdue the judiciary, and this process continues. Legal experts and civil society organizations highlighted that Parliament’s flawed process did not advance the most qualified nominees, resulting in less-qualified judges receiving lifetime appointments to the court.
Even though the parties agreed to conduct ambitious judicial reform through a broad, transparent process that includes legal experts, civil society, and opposition parties, Charles Michel’s agreement was violated. Unilateral legislative changes, including those adopted against the advice of international partners while the April 19 Agreement was being negotiated, are inconsistent with the letter and spirit of the Agreement. “The early April amendments to the Organic Law on Common Courts failed to fully address Venice Commission recommendations, including a key recommendation related to staggering judicial appointments. Recent changes regarding appointments of CEC members is also part of this unfortunate trend, and the decision to break and weaken the State Inspector’s Office is another unfortunate example,” the author concludes. The situation in and around Ukraine, as well as Russian demands, continue to be closely monitored in Georgia. Following Russia’s demand to “disavow the 2008 Bucharest Summit decision – that Georgia and Ukraine will become NATO members”, the Georgian MFA issued a statement that “On April 3, 2008, at the NATO Bucharest Summit the leaders of the NATO member states decided that Georgia (and Ukraine) will become a NATO member. The above-mentioned is an extremely important, consensus-based political decision in line with the fundamental principle of international law that all states have the sovereign right to choose their own foreign policy course.” The President of the Europe-Georgia Institute believes that the geopolitical situation remains a challenge for Georgia. “The situation should become more predictable after the negotiations between Russia and the US planned in January, and all that is left for Georgia and Ukraine is to hope that the next year will be better than the previous. The attempts to divide Europe into spheres of influence, to neglect the free will of the people living both in Georgia and Ukraine, should not succeed. The time of great-power dominance is long gone, and both people of Ukraine and Georgia have the right to decide our own fate – this is what we believe at the EGI, and will do our best to defend Georgia’s choice,” George Melashvili’s letter concludes. George Melashvili Europe-Georgia Institute President December 26, 2021 Tbilisi, Georgia
