Does Article 154 of Criminal Code of Georgia Protect Journalists?

Information on journalists' physical or verbal abuse is being occasionally disseminated. The preliminary investigation into the cases of the kind is being usually launched but almost never brought to an end while journalist's activity in the Criminal Code of Georgia is "privileged". Doesn't Article 154 exist to protect journalists?  The article reads as follows:

"1. Illegally preventing journalist from professional activities, either forcing him/her to disseminate information or refrain from its dissemination shall be punishable by a fine or labor useful to society for a term of 120 to 140 hours or correction labor for a term of up to two years.

2. The same action carried out with the use of force, threats or business power shall be punishable by a fine or detention for a term of up to two months or an imprisonment for a term of up to two years, suspension of power or depriving from a right to work for a term of up to three years or without."

With the view of providing legal aid in November 2009 the Georgian Young Lawyers Association (GYLA), with the support of the Eurasia Partnership Foundation and the financial backing of EU, set up Legal Aid Center for Media. From the very first day of its foundation the lawyers employed in the Center provided up to 700 consultations to media workers. In addition the Center has received 25 applications on blocking public information, request for reimbursement, or illegally imposing fines. On the ground of the submitted applications GYLA lawyers protect journalists' interests at courts.

Preventing and meddling into journalists' activities take up a considerable space in the reports by the Public Defender of Georgia with a separate chapter dedicated to the topic. From January 2010 up to present three cases of journalists' rights violations have been observed at the Public Defender's office. All three cases have been processed according to different articles. In the first case Saba Tsitsikashvili, Editor, Gori-based newspaper Kartlis Khma (Voice of Kartli) arrived at the Gori Minicipality to obtain information but he was denied the entry and even pushed down the stairs. The case was proceeded according to Article 118 of the Criminal Code of Georgia (deliberate health injury). Trialeti TV journalist Lado Bichashvili in addition to physical abuse was prevented to make video footage, the investigation was launched according to Article 333 (excessive use of business power). The third case took place in Zugdidi.Local journalists Ilia Chachibaia and Nana Pazhava were seized the video camera and denied a possibility to make photos. The investigation was launched in line with Article 333 and 154, but according to the sufferers, the process has been suspended.

"I have been summoned to give testimony just once and since then no one has remembered the case, it has been shelved and the phase of the investigation is unclear," Nana Pazhava reported.

Public Defender requested the chief prosecutor's office to provide information on the number of investigations launched and completed according to Article 154 since 2004 but the Department of Human Rights of the Chief Prosecutor's Office of the Ministry of Justice of Georgia informed the prosecutor's office gathers no statistics of the kind.

According to Sophio Benashvili, deputy head of the department of justice of the Public Defender's office the investigation according to Article 154 is being seldom launched and almost always left uncompleted.

"The investigation process is being lingered, therefore Public Defender in his reports unambiguously calls for immediate and efficient investigations into the cases of journalists' rights violations according to Article 154 of the Criminal Code of Georgia," Sophio Benashvili said.

Tamar Gurchiani, lawyer for the Legal Aid Center for Media considers the main problem is being found in the legislation.

"It's an absolutely inefficient article since the Criminal Code of Georgia doesn't qualify preventing journalist's activity as a separate crime. It should be carrying a sign which resulted into non-execution of the activity. For instance he/she failed to make a video, or write and publish the article and so forth. Therefore qualifying the offense is very complex. For instance if a journalist was slapped, or pushed down the stairs, had his/her head broken but he/she still managed to film or publish the material the offender might be accused of hooliganism or deliberate body injury but not of preventing the journalist from professional activity. The one qualifying the offence cannot see the result since the journalist published the material. In general Georgia faces problem with determining the violence against journalists which is related to the legislation. Therefore many cases in regard to the humiliation of journalists' rights are being launched not according to Article 154 but some other," Tamar Gurchiani clarified.

It is noteworthy that Article 154 was not applied either when on June 15, 2009 in the course of the dispersal of the protest rally at the main police department in Tbilisi Maestro TV journalist Ana Broladze and cameraman Shota Kapanadze were seized the video camera, the cassettes were damaged as a result the material was impossible to be aired. In this case the investigation was launched according to Article 226 (organized group action which results into public disorder or active participation in it).

"Following this incident we lodged two applications to the court, one of them on behalf of the rally participants and the other one on the humiliation of journalists' rights. But the investigation was launched according to Article 226.We demanded the qualification of the offense to be changed but in vain. Unfortunately we were unable to appeal such decisions made by investigative bodies," said Natia Katsitadze, the GYLA lawyer protecting the interests of the aforementioned Maestro TV journalists. With the view of conducting an efficient investigation into Ana Broladze's and Shota Kapanadze's case the lawyer lodged a complaint to the European Court too. The case has already been registered and granted the title Maestro TV and Others Against Georgia.

Very seldom but still there have been cases of trying the convict according to Article 154, for instance Vladimir Vakhania who had been planning to form an opposition party. He was sued by the journalists of Samagrelo-based newspaper Samegrelos Kronika. According to the complainants Vladimir Vakhania, through threats, seized a video cassette from them. The footage featured yet unpublished interview with him. The journalists' interests are being protected by GYLA but according to Tamar Gurchiani in this specific case political motive is overflowing.

Vladimir Vakhania, the lawyer said, has been arrested for political goals. The reason of detention was meddling into journalist's activity.

"People are tried according to Article 154 when it's favorable to the authorities. The latter doesn't care about the protection of journalists' rights, that is not the priority since freedom of media is beyond their interests," Tamar Gurchiani pointed out.