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STATEMENT by the Observatory for the Protection of Human Rights Defenders
The Observatory has been informed by the Human Rights Information and Documentation Centre (HRIDC) that the office of the Public Movement "Multinational Georgia" (PMMG), a non-profit NGO that notably aims at promoting national minorities´ rights and developing their integration in the Georgian society, was broken into and robbed on June 7, 2006.
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Georgia.
Brief description of the situation: According to the information received, early in the morning on June 7, 2006, the door of the NGO´s office was broken by unknown individuals who stole the hard disks of the computers, which contained many of the working documents of the organisation. In particular, the draft of an alternative report on the implementation of the Convention for the Protection of National Minorities, to be addressed to the United Nations and the Council of Europe, was stolen, as well as documentation and analytical materials describing situation of minorities in Georgia, which also included analyse of authorities´ policy on this item. However, all valuable equipments were left in the office.
During the two weeks before this break-in, several staff members of PMMG had been contacted by some representatives of the State in order to get various documents, especially the draft of the report that had to be addressed to the Council of Europe and the United Nations. As the PMMG members refused to provide them with this information, State representatives contacted PMMG partner organisations in the same purpose, which they also refused. These organisations were then told by the official representatives that "[they] will get it anyway".
Besides, in March 2006, the car of Mr. Arnold Stepanyan, Head of the organisation, was robbed before the organization´s office, as well as the one of the press secretary. The two cars also contained many working documents.
During the last two years, PMMG established close cooperation with various minorities´ organisations and political groups. PMMG initiated the "Minority Assembly" that will take place in September 2006, where minority problems and the increasing of minority participation in the political processes will be discussed. Due to PMMG´s involvement in this issue and its critical positions vis-à-vis the governmental policies on minorities, several governmental non-governmental organisations (GONGOs) tried to ostracise the organisation.
The Observatory expresses its deep concern regarding those acts, which seem to only aim at intimidating human rights defenders in Georgia, in particular those who try to promote and defend minorities´ rights in this country.
Actions requested: Please write to the authorities in Georgia urging them to:
i. guarantees in all circumstances the physical and psychological integrity of the members of the Public Movement "Multinational Georgia", and all other human rights defenders in Georgia;
ii. put an immediate end to any kind of harassment against the Public Movement "Multinational Georgia" and conduct a fair, impartial and independent inquiry into these events, in order to identify those responsible, bring them to justice and pronounce sentences proportional to the gravity of their crimes;
iii. comply with the Declaration on Human Rights Defenders, in particular article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels", article 5c, which provides the right "to communicate with non-governmental or intergovernmental organisations", and article 12.2, which declares that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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";
iv. more generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international human rights instruments ratified by Georgia. |
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Office of the Public Movement "Multinational Georgia" was broken into and robbed
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STATEMENT by the Observatory for the Protection of Human Rights Defenders
The Observatory has been informed by the Human Rights Information and Documentation Centre (HRIDC) that the office of the Public Movement "Multinational Georgia" (PMMG), a non-profit NGO that notably aims at promoting national minorities´ rights and developing their integration in the Georgian society, was broken into and robbed on June 7, 2006.
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Georgia.
Brief description of the situation: According to the information received, early in the morning on June 7, 2006, the door of the NGO´s office was broken by unknown individuals who stole the hard disks of the computers, which contained many of the working documents of the organisation. In particular, the draft of an alternative report on the implementation of the Convention for the Protection of National Minorities, to be addressed to the United Nations and the Council of Europe, was stolen, as well as documentation and analytical materials describing situation of minorities in Georgia, which also included analyse of authorities´ policy on this item. However, all valuable equipments were left in the office.
During the two weeks before this break-in, several staff members of PMMG had been contacted by some representatives of the State in order to get various documents, especially the draft of the report that had to be addressed to the Council of Europe and the United Nations. As the PMMG members refused to provide them with this information, State representatives contacted PMMG partner organisations in the same purpose, which they also refused. These organisations were then told by the official representatives that "[they] will get it anyway".
Besides, in March 2006, the car of Mr. Arnold Stepanyan, Head of the organisation, was robbed before the organization´s office, as well as the one of the press secretary. The two cars also contained many working documents.
During the last two years, PMMG established close cooperation with various minorities´ organisations and political groups. PMMG initiated the "Minority Assembly" that will take place in September 2006, where minority problems and the increasing of minority participation in the political processes will be discussed. Due to PMMG´s involvement in this issue and its critical positions vis-à-vis the governmental policies on minorities, several governmental non-governmental organisations (GONGOs) tried to ostracise the organisation.
The Observatory expresses its deep concern regarding those acts, which seem to only aim at intimidating human rights defenders in Georgia, in particular those who try to promote and defend minorities´ rights in this country.
Actions requested: Please write to the authorities in Georgia urging them to:
i. guarantees in all circumstances the physical and psychological integrity of the members of the Public Movement "Multinational Georgia", and all other human rights defenders in Georgia;
ii. put an immediate end to any kind of harassment against the Public Movement "Multinational Georgia" and conduct a fair, impartial and independent inquiry into these events, in order to identify those responsible, bring them to justice and pronounce sentences proportional to the gravity of their crimes;
iii. comply with the Declaration on Human Rights Defenders, in particular article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels", article 5c, which provides the right "to communicate with non-governmental or intergovernmental organisations", and article 12.2, which declares that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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";
iv. more generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international human rights instruments ratified by Georgia. |
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Authorities in Sighnaghi district use violence against journalists & NGO representatives
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STATEMENT by the Georgian Media Club
June 18, 2006
Dozens of demonstrators gathered in Sighnaghi district to protest against the alleged corrupt activities of Nugzar Abulashvili, Saakashvili supporter MP, Sighnaghi resident by birth. The protestors accused the MP of "permanently pressuring´ the local self-governance bodies. Unknown men hired by the local authorities harassed the journalists who came to the scene of incident. The men broke a camera of journalists form the TV-company "Gurjaani" and took the tape away; Journalist from the "Specter" newspaper Zviad Ruadze was physically abused. According to the words from the representatives of the Georgian Media Club, the person who was most actively involved in the violence and seized the tape from the journalists was safely placed in a police car and taken away from the scene of violence.
Regrettably, this is not the first time such violence against peaceful journalists is used in the Kakheti region of Georgia. These kinds of incidents have become a daily occurrence in the region; however the local law-enforcement authorities do not bother to investigate. This time they personally helped the person who was physically abusing journalists as they were doing their job.
The Georgian Media Club expressed its utmost protest at the incident and demands that the law-enforcement agencies immediately investigate this case, and identify those who assisted in the hiding of those responsible. The Georgian Media Club of also appeals to the public & international organizations to show more activeness in order to make the authorities to take necessary steps against each case of this kind and prevent this kind of violence in the future. |
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Prisoners of Conscience in Georgia: Leader of "Egality Institute" Irakli Kakabadze arrested
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APPEAL to International Community
On June 29, 2006, under the ruling of the Head of the Appellate Court, members of the Georgian NGO "Egality Institute", including prominent Georgian activist and writer Irakli Kakabadze, poet Zurab Rtveliashvili, ecologist Lasha Chkhartishvili and Young Rights member Jaba Jishkariani were arrested and sentenced to 30 days administrative imprisonment under article 208 of the Criminal Procedural Code.
The Coalition of Georgian NGOs "Civil Society for Democratic Georgia" expresses its grave concern over this action, particularly in light of the following facts:
1) Detainees were publicly expressing their opinions on existing political situations in the country and were appealing to the Appellate Court to release political prisoners (on their opinion) Shalva Ramishvili and David Kokhreidze. As such they were acting in accordance with article 19 of the Constitution of Georgia, which guarantees the freedom of expression of every individual as well the law on "Gatherings and Manifestations" 2) Detainees were protesting outside the Court building, while the head of the Appellate Court applied Article 208 of the Criminal Procedure Code envisaging responsibility for the violation of the order only in the Court building. Accordingly, the judge could not rule over the violation of order taking place outside the Court building. It obviously falls beyond her/his competence.
3) The Article applied by the Head of the Appellate Court directly contradicts the Constitution of Georgia as well as the European Convention on Human Rights as pursuant to Article 208 of Criminal Code Procedure of Georgia, the Judge’s Ruling on imposing the administrative measure was taken without an oral hearing and was not subjected to any appeal.
4) Moreover, it has to be stressed that criminal measures hindering fundamental human rights and freedoms should be interpreted with great care and limitation as their broad interpretation might lead to unjustified and unlawful restriction of fundamental rights as well as abuse of power. Unfortunately, the action taken reflects a relaxed and expansive interpretation of the present norm and as such presents a dangerous basis for hindering basic human right to expression.
5) Furthermore, as Irakli Kakabadze suffers from severe form of diabetes his detention in inadequate conditions and without proper care might be fatal to his life. Unfortunately, the Ministry of Interior so far has not taken any steps for his transportation to the hospital, neither allowed meeting with his attorney.
Therefore, the Coalition is greatly alarmed and requests that the international community take all necessary measures in its own capacity to appeal to the Georgian government to release the prisoners of conscience and take appropriate measures to protect the basic right of freedom of expression.
Coalition of Georgian NGOs "Civil Society for Democratic Georgia" |
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Georgian Media Questions Saakashvili´s Sanity
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Excerpts from Georgian Newspapers
This month two Georgian influential newspaper articles stood out from the typical reports about current events. One was about the Georgian President Mikheil Saakashvili, and the other was about his plans to reshuffle the cabinet once again.
Influential Qronika weekly published a report suggesting that Saakashvili suffers from psychological disorders, including a mild form of insanity. The article was based on semi-confidential reports from prestigious international psychiatric clinics.
The newspaper could not determine who had actually asked seven leading medical institutions (Norway´s Tonsberg Psychiatric Center; Norway´s National Institute of Public Health; Germany´s Center for Diseases of the Nervous System at Christian Albrecht University; the Psychiatric Department of Geneva University; Vienna Medical School´s Department of Psychoanalysis and Psychotherapy; Finland´s Psychiatric Department; and Amsterdam University´s Department of Clinical Psychology) to evaluate Saakashvili´s mental health. The evaluation excerpts published in the weekly describe the Georgian president as a "negative and aggressive" person with a strong sense of "egocentrism." Georgian government officials have yet to comment on the article. Meanwhile, the vicious, highly personal information campaign being waged against Saakashvili by his adversaries is becoming increasingly evident.
Saakashvili´s political foes have long cultivated rumors about his mental stability. The first mention of Saakashvili allegedly receiving treatments in psychiatric clinics appeared in 2001. The anti-Saakashvili gossip usually surfaces when his government´s reforms become increasingly unpopular among the Georgian public. Many Georgians, according to polls, consider the government´s reforms to be a source of severe social-economic distress, high unemployment, and declining standards of living.
The latest independent polls indicate that Saakashvili and the ruling National Movement have lost considerable popularity (from 65-70% approval to 25-30%) since their triumphant victory at the presidential and then parliamentary elections in 2004, although Saakashvili and his party still lead the political ratings. However, the percentage of those believing that Georgia is going in the "Wrong Direction" has increased from 25% to 51% for the last eight months. The public mood is dangerously tilting away from the government, despite the government-initiated plans for summer camps, private clubs, decorative water fountains, and other public distractions.
Government shuffles are a longstanding and usually successful method to shift the Georgian public´s attention from lingering problems and defuse social-political tensions. There have been constant predictions about changes at the top levels of power throughout 2006. On June 19, Saakashvili conducted a closed-door meeting with lawmakers from his National Movement Party.
Influential Rezonansi daily cited sources within the United National Movement to report that new constitutional changes are in the works to justify upcoming cabinet changes. Saakashvili reportedly plans to combine the ministries of energy and economic development, dismiss his closest confidant but highly unpopular Interior Minister Vano Merabishvili, and divide up the ministry, which had been given security services after the cabinet reorganization in 2005. The pending changes are reported to affect another branch of power -- the judiciary.
The reshuffle, if actually implemented, would allow Saakashvili to kill several birds with one stone. First, the changes will temporarily distract public attention from the many unresolved problems. Second, the changes should calm civic organizations and opposition members who have long demanded the sacking of Merabishvili, whom they consider to be behind the excessive police violence that resulted in several high-profile murders (see EDM May 24, March 31, March 9). Third, Saakashvili could then present himself as a strong leader who makes cabinet decisions based on state interests not outside pressure. Fourth, the personnel changes could restore the balance of power among the interest groups in his entourage (see EDM January 18, November 3, 2005).
One of these groups is said to be the influential Liberty Institute, an NGO that rendered tremendous assistance to Saakashvili during the 2003 Rose Revolution. At the time, the institute dispatched many of its members and associates to key positions in the power structures and reportedly gained excessive influence over Saakashvili. A reported associate of the Liberty Institute, Minister of Education and Science Alexander Lomaia, the former head of Soros Foundation in Georgia, managed to sack the rector of Tbilisi State University, known as a Saakashvili appointee and protégé, for implementing reforms too slowly. Lomaia presented the president with this fait accompli, and Saakashvili calmly swallowed the bitter pill. The process of supplanting National Movement cadres with the more reform-oriented Liberty Institute group will likely continue. Defense Minister Irakli Okruashvili, Saakashvili´s close confidant, is reported to be a leading target. United National Movement member Badri Nanetashvili, whom the parliament stripped of his MP credentials on June 21 for combining law making with management of the private television company Trialeti, recent disclosed that representatives the Liberty Institute have been urging him to make public statements compromising Okruashvili.
(Rezonansi, Qronika, Kviris Palitra, June 26; TV-Rustavi-2, TV-Imedi, June 22, 25, 26; Civil Georgia, June 21, 22, 24) Author: Zaal Anjaparidze
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New Rights´ endorse call for National Assembly
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The New Rights (Conservative) Party endorses the idea of calling for the National Assembly and hails public consolidation.
The New Conservatives fully share the requirement of declaration for the call of the National Assembly and join the society assembled in the Sheraton Metechi Palace Hotel on July 12, 2006.
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New Rights´ meet President Saakashvili´s advisor in economic affairs Mart Laar MP
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President Saakashvili´s personal advisor in economic affairs, Estonian Mart Laar MP remembered the past and noted he has had the experience of boycott from the time when he was in the opposition himself and the Estonian opposition was protesting the acts of one of the weak ministers.
However, then the boycott had yielded no results and none of the ministers the Estonian opposition demanded resignation from had left their posts. Mart Laar talked about the future of the Georgian economy with the members of the New Rights (Conservative) Party. As Irakli Iashvili MP noted the New Rights´ (Conservatives) wanted to know the thoughts of the President´s economic advisor about the ongoing economic reforms in the country. At the meeting Laar said that Georgia would in the near future either progress economically or it would not come to be as a state at all.
Iashvili said that Laar was an experienced professional doing plausible economic forecast and giving right advice to the Georgian President. However, the parliamentary opposition wished Mr. Laar that the President would listen to his advice.
"The Georgian authorities have a deficit of listening and dialogue, therefore it is very important whether the President listens to what Mr. Laar recommends him to do in economic affairs," Iashvili said.
Laar had told Iashvili that it is very hard to attract investment into the country unless there is proper judiciary system in place and the rule of law is abided by.
Laar also told Iashvili that in order for the economy to progress in Georgia it was very important that there is strong local self-governance and democratic institutions in the country. |
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New Conservatives declare boycott to Rustavi2 along with other opposition parties
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According to the statement circulated by the New Rights on July 7, 2006 seven opposition parties declare boycott to the Rustavi2 TV-Company due to the leaving of the company by its journalist Eka Khoperia.
From now on, the opposition will refuse invitations to take part in its programs and will not make comments for the Rustavi2 reporters.
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David Gamkrelidze lauds Eka Khoperia´s decision
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The leader of the New Rights (Conservative) Party David Gamkrelidze MP applauded the decision of Eka Khoperia to leave the Rustavi2 TV-company. "I was always sure that Eka Khoperia always put the human principles and journalistic ethics above the narrow group interests. Under current circumstances journalistic work is tantamount to heroism. I want to thank each and every one of them for this," Gamkrelidze said. |
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United opposition held massive demonstration on July 6, 2006
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At the demand of the New Rights (Conservative) Party, local NGOs and the public a massive protest rally was held on at the civil court and the Tbilisi State University on July 6, 2006.
The public reacted actively to the slogan "Let´s Unite Against Violence and expressed its utmost protest both at the Sandro Girgvliani murder case and the violence used by the police at the Tbilisi State University".
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New Rights hold vigil at the Tbilisi State University on the night of July 4, 2006
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On July 3, 2006 the Great Council of the Tbilisi State University elected Professor Jemal Mebonia as acting rector. This has further compounded the administration of the rector Gia Khubua who was appointed by the President Saakashvili. Yesterday, in order to support the professors and the newly-elected acting rector, leaders of the political parties - New Rights, Freedom, Labors, NDP, Public Forum showed up at the protest as well.
Considering the spread rumor that the protesting professors would be violently dispersed by the police, the leaders joined the professors in the University hall and held vigil together with them all night long.
Police had already been mobilized at the University, however, this time they did not dare use any force. The professors and teachers do not intend to give up and call on political parties to support their cause.
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Statement of the 7 Opposition Parties Regarding the Local Elections in Georgia
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The Georgian authorities are planning to conduct the local elections acting solely in their narrow party interests and do not take into consideration any suggestions and arguments voiced by the population, international organizations, NGOs, experts and opposition parties (the people are not allowed to directly elect mayors and hears of administration; the commissions are staffed with only "professional" supporters of the ruling party; the party lists are almost in the same condition as they were in November 2003, etc). Despite these problems, the crisis can still be avoided if the electoral system for Tbilisi City Council is changed.
According to the existing electoral system, 25 mandates out of 37 in Tbilisi city council will be granted to a party receiving more votes than others though not less than 30%. The same party will get minimum 4 out of remaining 12 mandates. The remaining 8 mandates will be shared by all other parties receiving more than 4% of votes. Accordingly, the support of minimum 30% of voters is necessary not only to obtain the majority of mandates in the city council but even to form an opposition faction.
Under these conditions of an election system, taking into account the balance of support among the ruling and various key opposition parties (which is obvious from different polls carried out in recent months), the political parties face the following options:
- the ruling party should do its best to get the first place. Otherwise Tbilisi City Council will be entirely in the hands of the opposition and the authorities will not be able to form even a serious faction. Being entirely in the hands of opposition, the Tbilisi City Council will initiate fatal shakes for the authorities, especially in the context of country´s recent political past. Thus, the ruling party faces the following reality - everything or nothing; either a one-party governmental City Council or the beginning of large-scale political changes in the country. - opposition parties separately or even unified in 2-3 party ideology-similar coalitions, will have no chance even if succeeding in the elections to form an opposition faction. Accordingly the political motivation in elections is rather absent. To achieve success, the opposition parties of different ideologies have to unit in one big coalition giving them a chance to win the elections. This kind of unification of opposition parties will naturally have the only motivation - compete jointly with the ruling party, or all against one. Accordingly, the opposition parties also face the same reality: everything or nothing.
Therefore, in the conditions of the existing electoral systems, both the ruling party and the united opposition view the local elections as a matter of "to be or not be" - one either wins or looses everything. Under those conditions extreme confrontation and further deepening of the gap between the authorities and other political forces is inevitable, even while election campaign. This gap will be even more dangerous in case of any election result - the City Council is either entirely governmental or entirely opposition with easily forecast able outcomes.
Most importantly, in the conditions of such a balance of forces, it is almost impossible for winning party to gain more than 35%. Accordingly, there is a great probability that 65% of voters taking part in the elections will not be in fact represented in the City Council (total of 4-5 seats from the proportional lists will be good only for decorative purposes). The issue is even more acute after removing the barrier (1/3) of participants in the elections, because there is created a great probability that the will of only 8-10% of Tbilisi voters will be represented in the City Council.
It is obvious that the local elections held through such an electoral system will make one of the most serious problems facing the country more tense, which is fragmentation and polarization of the political forces and public. This will be the continuation of the wrong political course that is stubbornly followed by the authorities. They follow the path of division and confrontation in the political system that can only result in: all against one, or one against all. The facts from Georgia’s recent history clearly demonstrate consequence of such a policy.
In order to turn the local elections into a catalyst for healthier political system and consolidating the polarized society, it is necessary to change the eclectic and one-party principle based election system. In these conditions the most adequate would be to conduct the City Council elections through the proportional system, enabling:
- Tbilisi population´s political attitudes to be reflected most adequately in the City Council; - Avoidance of the artificial unification of opposition political forces of different orientations against the ruling party; - The election campaigning to be focused on local issues and not on remaining in changing the government. - Control of various political forces over each other, thus decreasing probability of election manipulations substantially; - Avoidance of a one-party (whether opposition or governmental) City Council; - Before the upcoming Parliamentary elections the opposition political spectrum would form according to ideologies and programs and not around the only slogan of fight against authorities;
For the normal development of our country it is necessary to have forces with different viewpoints represented in different political institutions and state organizations. It is necessary to have the views and interests of the public represented to a maximum possible extent in the governing process, especially at the level of local self-government.
We believe that those who are truly interested in forming a democratic and stable country in Georgia and who realize the threat deriving from the further alienation of the authorities and public will support this idea.
In case there is no agreement on this issue, we, the political parties signatories of this statement, will be forced to consider the boycotting the local elections on the part of opposition parties.
New Rights Party - David Gamkrelidze
Republican Party - David Usupashvili
Freedom Party - Konstantine Gamsakhurdia
Conservative Party - Koba Davitashvili
Labor Party - Shalva Natelashvili
Industry Saves Georgia - Zurab Tkemaladze
People´s Forum - Akaki Asatiani |
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