Georgia's crime fighting campaign comes under scrutiny

Molly Corso 5/18/06

Georgia's efforts to curb crime underscore the country's civil society growing pains. The government is quick to laud what it sees as a dramatic improvement in the performance of law-enforcement agencies. Critics, however, say that police and other Interior Ministry personnel are trampling basic rights and relying on excessive force to curb crime.

The Interior Ministry's crime-fighting methods have come under growing criticism in recent months, with many critics calling for the dismissal of Interior Minister Vano Merabishvili. The pressure on Merabishvili increased dramatically following a May 2 shootout in a densely populated Tbilisi neighborhood, involving suspected criminals and members of a special police unit.

Human rights organizations from across the political spectrum condemned the police's behavior in the incident, which left two suspects dead and a third seriously wounded. According to police, the suspects were allegedly planning a robbery. Authorities also asserted that they were forced to open fire on the men, but witnesses have publicly contradicted the official version of the shootout.

According to Manana Kobakhidze, chairwoman of the human rights NGO Article 42, there is a troubling trend among police officers to shoot first and ask questions later. Kobakhidze went on to allege that the government lacks the will to investigate controversial cases. "The main problem is that after these operations, they [authorities] do nothing to investigate these incidents effectively and impartially," she said in an interview. "They [officials] violate the presumption of innocence; they declare that [suspects] are criminals so we have to kill them, we have to liquidate them, and liquidate is the main term."

Merabishvili has vigorously defended police conduct in the May 2 shootout, and has insisted that law-enforcement agencies are committed to observing the basic rights of suspects. In a May 10 editorial published by the Georgian newspaper 24 Hours, Merabishvili sought to dash the impression that authorities have a tendency to use excessive force. He indicated that the rise in the number of deaths during arrest operations was a reflection of the government's success in curbing corruption. He stated that 21 suspects were killed in 2005 while resisting arrest. He noted that there is no reliable data that pre-dates President Mikheil Saakashvili's administration, but the 2005 total is widely acknowledged to mark a significant rise in the suspect death rate. Merabishvili maintained the increase could be easily explained: criminals knew in the past that an acquaintance or a bribe could keep them from going to prison. Now, many avenues for escaping justice have been closed, making criminals more likely to resist arrest, the Interior Minister asserted. "Today every criminal knows that neither bribes nor high-profile links will help," he wrote. He also said 150 police officers have been arrested for taking bribes and violating human rights.

Merabishvili's arguments left Sozar Subari, the country's public defender, unconvinced that the Interior Ministry is free of blame. Subari suggested that law-enforcement officials are preoccupied with establishing a tough law-enforcement image, and are intent on avoiding any scandal that might tarnish its reputation.

Even members of the governing National Movement are questioning the increase in fatalities during police operations. On May 8, the day after two major television stations aired critical stories about the incident, Parliament Speaker Nino Burjanadze ordered the legislative committees on human rights and legal affairs to examine the incident and determine "if the operation was fulfilled in a professional manner."

Human rights activists are skeptical that a parliamentary investigation – which has not formally started – will find any fault with the police or the ministry. Subari questioned the government's desire to protect human rights. "If the parliament wants to do [investigate] it can but I doubt there is enough political will to," he said. "The minister himself initially made the statement that [the operation] was planned well, lawfully. When such statements are made before the investigation is even completed, it means the ministry thinks that way. So it is hard to believe they are objective."

Subari said the best thing the ministry could do to protect its image would be to launch a transparent investigation of the May 2 episode. The Interior Ministry's reluctance to investigate alleged instances of abuse is perpetuating a public perception that the legal system has double standards – one set for authorities and a much harsher set for everyone else. Subari sought to support this contention by citing a pending court case involving a patrol officer accused of killing 19 year-old Amiran Robakidze. The officer was released on bail despite the fact he admitted his guilt. "That means there are people who, while they can't consider themselves above the law, they know they will receive much lighter sentences," Subari said.

Another incident involving possible preferential treatment for officials concerns Malkhaz Albuladze, a former prosecutor in Kutaisi. On May 4, Albuladze reportedly administered a severe beating to Avto Anukitdze and then ran him over with his car. According to reports, there was no provocation for the attack. Speaking with EurasiaNet the day after the attack, Anukitdze's mother Marina Ioseliani noted that Albuladze was dismissed from his job, but no legal action has yet been taken against him. According to authorities, the case remains under investigation.

In its January 2006 country report, the international watchdog Human Rights Watch found that while the government was taking some positive steps, "torture, impunity, and denial of due process remain serious problems in Georgia." Jane Buchanan, an HRW expert, said in an interview that while the government's legislative framework is sound, implementation of laws has been lacking. "They took some measures that seemed to address the problem but the follow-through has not been effective," Buchanan said.

According to Subari, the solution is simple. "Until the end of 2004, [police] beat everyone. That ended in one day. When it became clear that the government was changing its politics, the policy changed," he said. "This also depends on the will of the government. If the ministry wants – if the president wants – to announce that very clearly, the situation will change remarkably."

Editor's Note: Molly Corso is a freelance reporter and photojournalist based in Tbilisi.

Posted May 18, 2006 © Eurasianet