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ETHNIC MINORITIES /
Statement
EMC calls on the Ministry of Interior to stop harassment and control practices of local activists and community members in the Pankisi Gorge
The Human Rights Education and Monitoring Center (EMC) responds to the facts of harassment by the police against community members and activists who are opposing the construction of hydroelectric power cascades in the Pankisi Gorge and calls on the Ministry of Internal Affairs to refrain from the practice of controlling the locals and arbitrarily restricting their freedom of expression.
According to the EMC, on January 29, 2018, a public meeting was held in the Pankisi Gorge, where the locals discussed the issue of construction of hydroelectric power cascade.[1] After the meeting the representatives of the Ministry of Interior summoned some of the elders of the Gorge, who openly opposed the construction of the hydroelectric power cascades at the meeting, to the Kakheti Police Department. They were being convinced for several hours, without any legal grounds, on the necessity to support the construction of hydroelectric power station. It is worth being noted that similar actions towards the population of Gorge from the Ministry of Internal Affairs of Georgia is not new. Since the protest rallies began, summoning the protesters and activists against the construction of the hydroelectric power cascade into the police station, questioning them without legal grounds and attempts to intimidate them have become a common practice.
During the summer of 2018, according to EMC, the MIA has transferred several activists to the police station where the police asked questions regarding the opinions expressed by activists against the construction of the HPPs and openly threatened them and declared that they would take appropriate measures in case the protesters would continue opposing. Regarding these facts, EMC addressed the Ministry of Internal Affairs of Georgia, requested to study facts and explain the legal basis for transferring the citizens to the police station. However, the MIA did not respond to the request. The aforementioned facts are also studied by the Office of the Public Defender of Georgia on the basis of request submitted by the EMC.
The open support of the construction of hydroelectric station in the Pankisi Gorge by the MIA and the use of police personnel and control mechanisms in this process is incompatible with the mandate and the capacity of the Ministry provided by the law, and it weakens the public trust in the law enforcement agencies. The protest against the construction of power stations in the Gorge is essentially peaceful and hence, there is no legal basis for the intervention of the MIA in this process. Communication and negotiations between the company and the locals in relation to the construction of HPPs can only be facilitated by the Ministry of Environmental Protection and Agriculture, only in accordance with the rules and the procedures prescribed by law. Illegal involvement of the MIA in this process essentially limits freedom of expression and aims at intimidating the local community in order to scare and control them and weaken the social protest. The state, using police resources with such intensity in order to protect the private interests and regulating social challenges using the repressive apparatus is essentially contrary to the democratic, social and legal principles of the state.
Considering the above, the Human Rights Education and Monitoring Center calls on:
The Ministry of Internal Affairs
To explain according to what legal grounds and rules it summons the local population to the police and on what grounds they seek to obtain their support for the construction of the hydroelectric station.
To immediately stop the practice of intimidating and restricting the freedom of expression of the population of the Pankisi Gorge and to limit their activities in the Pankisi Gorge in order to substantially comply with the requirements of the law;
To initiate disciplinary proceedings against all of those decision-makers who are involved in arbitrary harassment and control of the local community.
Ministry of Environmental Protection and Agriculture
To consider the locals' criticism against the construction of hydroelectric station cascade, ensure adequate assessment of damages related hydroelectric station cascade construction and fundamental revision of the issued ecological expert conclusions. For this purpose the EMC asks the Ministry to set up a working meeting.
The Human Rights Education and Monitoring Center (EMC) continues to study the issue and will provide additional information to the public.
Footnote and Bibliography
[1] LTD 'Peri' plans to build two additional HPPs - Khadori 3 and Samkuristskali 2 in the Pankisi Gorge. The ecological impact assessments issued for the construction clearly do not meet the basic requirements of the law and they contain high risks of damaging environment and social life. EMC has prepared an independent expert assessment on both HPPs, which gives low evaluation to the environmental impact assessment document and indicates its fundamental flaws. The construction of HPP cascades can substantially reduce drinking water resource in the Gorge, damage the local unique ecosystem and protected areas. In the name of the locals, the EMC administers court and administrative disputes in relation to both HPPs. However, in spite of the ongoing case proceedings, the state agencies and the company are trying to use all the means (economic, social, police related) to weaken the resistance of the locals.
