President of Georgia regrets abolition of death penalty

Varlam Tchkuaseli: 8/31/03

A EurasiaNet Partner Post from TOL

Apparently alarmed at deteriorating law and order in Georgia, the country's president has publicly expressed his regret at being forced into abolishing the death penalty.

"If it were not for problems with the Council of Europe (CoE), Georgia would not have abolished the death penalty," Eduard Shevardnadze said in a meeting with his government on 20 August.

Many experts believe the president's declaration gives the go-ahead to conservative forces in the interior ministry who have long complained about the country's supposedly liberal laws.

Interior Minister Koba Narchemashvili emerged from the cabinet session to announce that he is working on hardening the criminal code.

The president's statement follows reports by law-enforcement agencies that there has been a sharp rise in crime in the past few months. Conditions are particularly serious in the northwestern region of Svanetia, a mountainous area that borders territory controlled since 1992 by the secessionist Abkhazian government, and in the Kodori Gorge, which straddles the Abkhazian border. The Kodori Gorge, an area with no police, no court, and no effective rule, has long been a flashpoint and has gained a reputation for criminality. It leapt to international prominence this spring when several UN observers were kidnapped.

There are also alarming reports about the influence of criminal authorities over business, governance, and media sectors. The president's declaration followed the detention of a high-level official in a law-enforcement agency who had been implicated in the abduction of a 15-year-old.

"The death penalty has been abolished, and these people fear nothing," Shevardnadze said, adding that in many cases criminals in custody live better than ordinary people in the country.

The abolition of a death penalty was one of primary preconditions set by the CoE before Georgia could join. In 1995, Shevardnadze declared a moratorium on executions, and the following year Georgia was invited as a guest to the international organization. In 1997, Georgia formally abolished the death penalty by adopting a new criminal code. Two years later it gained full membership in the CoE. The last execution was in 1994.

After accession, Georgia was formally obliged to reform the government and bring its laws into line with European standards. Top of the list were improvements in human rights and reform of the law-enforcement agencies.

However, reducing the power of the Interior Ministry has proved difficult. The first challenge to the ministry's influence came when the prison system was supposed to be transferred to the portfolio of the Justice Ministry. A war of words followed between the two ministries, leading the next year to personal clashes between Kaka Targamadze, the former interior minister, and Mikeil Saakashvili, the then-justice minister.

Despite the reforms carried out so far, the prison system, the conditions of police custody and pre-trial detention, and the situation within the Interior Ministry are still issues of concern for international observers.

The Interior Ministry is criticized for violating human rights and inhumane treatment. There are also efforts to transfer responsibility for what are seen as civilian functions – such as issuing identification papers, drivers' licenses and car paperwork – from the ministry.

The president's statement has also raised concerns about the government's willingness to pursue reform and to embark on systemic changes within the law-enforcement agencies.

If so, the president's declaration may prove to be a severe blow to civil-society organizations and to opposition groups, particularly as it comes just a week after Shevardnadze indicated his desire to limit the independence of the Constitutional Court after it ruled that electricity rates should be lowered.

Emerging from the 13 August meeting of the cabinet, Shevardnadze asked rhetorically: "Why should the Constitutional Court not consult with me, or with the state minister before making such an important decision that will impact the state budget?"

The Georgian government is currently facing the major challenge of reducing spending to comply with IMF requirements while preparing for parliamentary elections on 2 November.

Many observers believe that Shevardnadze's statement has a populist touch and is designed to deflect some of the public anger at the extension of Russian domination of the Georgian energy market. In July, the government secretly signed a 25-year deal with the Russian gas monopoly Gazprom, and in early August a subsidiary of Russia's Unified Energy Systems bought the capital city's electricity distributor and important parts of the national grid.

The latest rumors suggest that Russia's RusTelCom might soon buy control of Georgia's incumbent telephone operator.

The United States has been critical of the extension of Russian influence over strategic parts of the economy.

While there has been much speculation about possible backroom maneuvering and pressure on the Georgian government, Elene Tevdoradze of the United Democrats believes Shevardnadze's actions have more to do with the electoral cycle.

"Shevardnadze is in the last term of his presidency and no longer needs the support of the international community," she argued. This winter's parliamentary elections are due to be followed in 2005 by presidential elections.

Shevardnadze is 75 and though in good health is not widely expected to follow the example of the 80-year-old president of Azerbaijan, Heidar Aliev, and stand for re-election.

Posted August 31, 2003 © Eurasianet