The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Georgia on 29 August 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received it will be posted on the UN Special Procedures communications database.
Since the communication was sent, there has been no discernible progress in the investigation into the physical assault on HRD Zurab Berdzenishvili; no perpetrator has been identified, nor have any charges been brought. Impunity also seems to prevail in the case of WHRD Babutsa Pataraia, as her lawyer was informed that the police found no indication of a crime and consequently refused to open an investigation.
This is a shorter version of the original communication.
BACKGROUND
Topic: the intimidation of opponents of the ‘Foreign Agents Law’, threats and a physical attack against Mr. Zurab Berdzenishvili and incidents of intimidation against Ms Baia Pataraia and Mr. Georgi Meladze.
Mr. Zurab (Zuka) Berdzenishvili is a human rights defender residing in Tbilisi, Georgia. He became well known to the public in 2019 when together with other activists he formed the so-called “Shame Movement” to protest against the “pro-Russian” actions of the Georgian government. He was also active during the peaceful protests against the introduction of the so-called ‘Foreign Agent Law’.
Ms. Babutsa (Baia) Pataraia is a woman human rights defender, lawyer, and the Director of the human rights NGO Sapari.
Mr. Georgi Meladze is an academic, human rights defender, executive director of CANVAS, and Director of the Center for Constitutional Research at Ilia State University.
UN experts have previously expressed their concerns about the re-introduction to Parliament and subsequent adoption on 28 May 2024 of the so-called ‘Foreign Agent Law’ (AL GEO 1/2024, dated 10 May 2024). The communication also addressed allegations of excessive use of force against demonstrators in Georgia, who were protesting against the reintroduction and subsequent adoption of the law. Up to date, no reply to this communication has been provided by the Government of Georgia.
ALLEGATIONS
1. Threats against human rights defenders and protesters
During the process of debating and subsequently adopting the law, daily peaceful demonstrations took place in front of the Parliament in Tbilisi. Human rights defenders and political activists known for their participation in these demonstrations reported receiving threatening and intimidating phone calls and messages from unknown international numbers, both during the protests and after the adoption of the law. Upon answering, they were met with swearing, threats, and insults from unidentified men.
Some human rights defenders, including women, reported that some intimidating phone calls had been addressed to their family members, including their children. It was believed that these calls were organized by the Government to discourage their involvement in the protests. Some of the activists targeted have further been physically attacked, including Mr. Zurab Berdzenishvili. Further, some have had their offices or private homes vandalized, including with intimidating graffities.
In such a case, unknown individuals broke into the building where human rights defender Ms. Baia Pataraia, from Union Sapari, resides and wrote her name on the walls with swear words; as well as ‘foreign agent’ and ‘sold on money’. Her elderly parents, ex-husband and minor son have all received threatening and intimidating messages related to her human rights work.
Another human rights defender, Mr. Georgi Meladze was travelling to a conference in London on 8 May 2024, when the prime minister of Georgia reportedly made intimidating comments in relation to the NGO CANVAS. On the night of 8 May, a mob attacked and physically assaulted several political opponents in the streets of Tbilisi. On 9 May 2024, Mr. Meladze received a call from a credible source stating that he was on a blacklist and would be arrested on fabricated criminal charges. On 10 May 2024, his car was vandalized and posters with his name and photo saying “Foreign Agent” were displayed on the walls of the building where he lives as well as in neighboring streets.
According to the information received, up to 20 individuals, including activists and demonstrators have been physically assaulted and beaten close to their houses at different times. We have also received reports about human rights defenders who have decided to temporarily leave the country for fear of attacks.
More than 30 NGOs, individual human rights defenders, journalists and activists have reported that graffities and posters appeared on the walls their offices and private homes, with signs such as ‘enemies of the nation’, ‘Bolsheviks’, ‘sold out for money’, or ‘spies’.
2. Threats and physical attack against Mr. Zurab Berdzenishvili
At the end of May 2024, Mr. Berdzenishvili received a call while he was at his village house in Phamphaleti, Ozurgeti region, Georgia. A man calling from an unknown number claimed to be [name redacted], the husband of [name redacted] a member of the Parliament of Georgia. He asked for Mr. Berdzenishvili’s address, stating he wanted to meet him to hold him accountable for his statements. Mr. Berdzenishvili took these words as a threat of possible physical violence against him. After he replied that he was in the village, he received further calls from unknown numbers, asking him to meet in the village center, and insulting and threatening him. Unknown cars were seen in front of his house, but he did not go outside. This incident was reported to the police, but reportedly no action was taken.
On 11 June 2024, the Chairman of the Parliament of Georgia, Shalva Papuashvili, published a post on his official Facebook account accusing employees of non-governmental organizations of terrorizing members of the ruling party in Parliament. He specifically mentioned Mr. Berdzenishvili and his partner, human rights activist [name redacted] alleging that they were calling, insulting, and threatening ruling party’s members.
A few hours later on the same day, around 11 am, Mr. Zurab Berdzenishvili left his home to go to work. While preparing his moped, he was attacked from behind by three unknown men. They threw him to the ground and kicked him repeatedly in his body and face. One of the attackers screamed, “who are you swearing at, boy?” Mr. Berdzenishvili believed this to refer to the ruling party. He tried to resist and cried for help. The attack continued for several minutes until the attackers fled in a [redacted] Mr. Berdzenishvili’s face was covered in blood, with injuries to his eye, nose, lips, right leg and hand. A neighbor also came to help and mentioned having noticed the car or the purported attackers in the area previously.
Mr. Zurab Berdzenishvili subsequently underwent surgery for broken facial bones. Meanwhile the hospital reported to the police that the patient, a 33 year-old man, had been beaten by a group of unknown men.
The police had opened an investigation into these acts. However, reportedly no effective investigative measures have been taken and the police have not responded to the victim’s lawyer’s requests to grant access to the criminal case files.
CONCERNS
In the communication, we express our serious concerns about the threats, harassment and intimidation against human rights defenders, journalists, political activists and peaceful protesters who have publicly expressed their opposition to the adoption of the ‘Law on Foreign Influence’, including the reported incidents against Mr. Zurab Berdzenishvili, Ms. Baia Pataraia and Mr. Georgi Meladze. We express further concerns about the significant increase in the vilification of human rights defenders by public authorities in the last months, raising serious concerns about their physical and psychological integrity.
We also remain concerned about the reported excessive use of force by police and security forces against protesters during May 2024, as well as the lack of independent, impartial and public investigations into the allegations of excessive use of force against protesters.
If confirmed, the allegations described above could constitute violations of articles 9 and 19 of the International Covenant on Civil and Political Rights (“ICCPR”), ratified by Georgia on 3 May 1994, which guarantee the rights to liberty and security and to freedom of opinion and expression. We are seriously concerned about the fact that these incidents appear to happen in reprisal to their exercise of freedom of expression, their work as human rights defenders and for being critical voices, disagreeing with some legislative or policy decisions of the authorities.
