Human Rights Education and Monitoring Center (EMC) reacts to the statements of Azerbaijani Journalist Afgan Mukhtarli made at TV Formula, on 19^th of March, concerning the alleged participation of Georgian law-enforcers in his abduction from Georgia and alleged corruption agreements. EMC calls to the General Prosecutor and Parliament of Georgia to take immediate measures for due investigation of this case. 

Journalist Afgan Mukhtarli was released after three years of imprisonment on the 17th of March and was allowed to leave for German Federation to join his family. 

As it is known, one year before the abduction, Afgan Mukhtarli arrived in Tbilisi with his family and planned to continue journalistic work from Georgia as critical activists and journalists were persecuted in the Azerbaijani Republic. For him, as well as for other political and civil activists and journalists, Georgia was a political shelter, where they could continue their professional activities. However, on 29^th of March, 2017, Afgan Mukhtarli was abducted from Tbilisi in an organized manner and later, it appeared that he was taken to Azerbaijani and detained. The Azerbaijani Republic accused him of illegal border crossing, smuggling, and resistance of state officials. On 12^th of January 2018, Azerbaijani Court sentenced him for 6 years of imprisonment. 

During the detention, Afgan Mukhtarli claimed that he was abducted from Tbilisi in an organized manner, allegedly by the Georgian Criminal Police authorities, orchestrated by and in illegal cooperation with Azerbaijani Government. Regardless of the reasonable doubts on the involvement of Georgian law-enforcers in the abduction case, the Ministry of Interior Affairs launched the investigation with violation of fundamental standards of institutional independence. Only after  2 months delay, on 20^th July 2017, the case was delivered to the Prosecutor’s office. For this period, it was already difficult to gain important evidence (in certain cases video-materials), and partially the certain fragments of video recordings were damaged for uncertain reasons. Until now, the General Prosecutor’s office is investigating the case under Article 143 (1) of the Criminal Code of Georgia (illegal deprivation of liberty). Three years passed, but the investigation does not have any tangible progress. Furthermore, within the investigation process, Afgan Mukhtarli and his spouse, Leila Mustafaeva are not recognized as victims, and the case qualification has not changed. 

After release, Afgan Mukhtarli talked about the abduction details on 19^th of March at TV formula broadcast. According to him, he was abducted by three officers of MIA criminal police close to his residence in Tbilisi and was taken in direction of Azerbaijani border. They changed the car several times until reached the crossing point and at Lagodekhi crossing point he was taken across Azerbaijani border, without a passport, by the border police officers. Mukhtarli stated that the Chief of Lagodekhi Crossing Point was participating in his transfer to Azerbaijani territory. He also did not exclude the illegal participation of State Security Service officials. The journalist defines that he can identify all persons involved in his abduction and is ready to give testimony to the investigation. Mukhtarli explains that his abduction is the result of corruption agreement between Georgian and Azerbaijan sides and as 5 months ago, an employee of Azerbaijani President’s office said to him, Georgia took 3 Million Gel in his abduction from Azerbaijani Government. According to Mukhtarli, the Azerbaijani government’s special services tracked him in Tbilisi before the abductionand they did this without any obstacles. 

It is noteworthy, that the Georgian government refused to grant refugee status and deliver temporary residence permits to the significant part of civil/political activists and dissidents from Azerbaijan. Also, Georgian police did not react to the instances of persecution and oppression of activists allegedly by the Azerbaijan special service officials on the territory of Georgia. Due to the created difficult situation, a significant part of Azerbaijani dissidents, left Georgia in 2017-2018 due to the lack of security and legal guarantees and sought asylum in European countries.

We would like to remind you that during this period the Prime Minister of Georgia was Giorgi Kvirikashvili, Minister of Internal Affairs Giorgi Mgebrishvili, Head of the State Security Service Vakhtang Gomelauri and Chief Prosecutor Irakli Shotadze.

Afgan Mukhtarli’s above explanations require an adequate legal assessment from the investigative authorities, for which General Prosecutor 's Office must ensure immediate interview of Afgan Mukhtarli, to grant him victim status and to conduct an investigative experiment with his participation. Also, as Afgan Mukhtarli's abduction appears to be linked with state security and national interests, and alleged corruption agreements by senior state officials, the Parliament of Georgia should ensure an establishment of a parliamentary inquiry commission and examination of this case. Ineffective investigation will damage Georgia’s democratic reputation, which not-once was mentioned by the local human rights actors and international partners. 

Therefore, Human Rights Education and Monitoring Center (EMC) calls to:

Prosecutor’s office of Georgia: 

• to ensure timely interviewing of Afgan Mukhtarli; 
• according to the results of Mukhtarli’s testimony, to take needed investigative/procedural measures (including face-detection, investigative experiment, etc.); 
• to grant victim status to Afgan Mukhtarli and Leila Mustafaeva; 
• to conduct, comprehensive, full and objective investigation of the case. 

Parliament of Georgia, including independent deputies: 

• to take interest in the detailes described in Mukhtarli’s 19 March TV interview, establish investigative commission, and examine the case bearing in mind the national interests, alleged corruption agreements and harsh human rights violations revealed in this case.

We remind you that Afgan Mukhtarli’s case is currently under consideration by the European Court of Human Rights. The EMC, in cooperation with two international organizations - the International Partnership for Human Rights (IPHR) and Freedom Now, submitted a third-party intervention to the European Court. 

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