As US Senator Jean Shaheen put it at a recent congressional hearing on US policy towards the South Caucasus, Georgia’s trajectory ought to be regarded not just as worrisome, but as “tremendous backsliding.”
The next big question in this context is whether Bidzina Ivanishvili – who has cemented his control of all state institutions in what is widely described as “state capture” now moves to strangle independent media outside his control.
Calls of Ivanishvili-linked MPs for Russian-style restrictions on foreign funding for NGOs, while not explicitly mentioning media, may and should be viewed as worrisome signal in this context.
Nika Gvaramia, CEO of Mtavari TV is already in jail while owners of practically all other opposition media are under investigation, or prosecution.
This includes David Kezerashvili, founder of Formula TV.
The sudden recent reactivation of a criminal case against Mr Kezerashvili that may result in paralyzing Formula TV could signal further crackdown is on the table.
The move came after PM Irakli Garibashvili issued a public threat on June 25 that Mr Kezerashvili’s case would be “taken care of” expressing disdain that he had been acquitted by lower instance courts.
“When I left, then you acquitted him. Now, it seems, this will be taken care of” he said.
Mr Kezerashvili had been acquitted by both Tbilisi City and Appeals courts. The original case, relying on only on testimonies alleged embezzling funds in military exercises with participation of Israeli specialists while Mr. Kezerashvili served as Defense Minister. The case was essentially forgotten.
Shalva Tadumadze, former Chief Prosecutor and former personal lawyer of Bidzina Ivanishvili and now a Supreme Court judge delivered the ruling.
Oddly enough, Mr Tadumadze headed the Chief Prosecutor’s Office which lodged the exact same charges that both Tbilisi City and the Appeals courts rejected.
Following Mr Tadumadze’s intervention, the Defense Ministry came up with a new lawsuit which resulted in imposition of a 5.5 mln EUR fine with the Court of Appeals soon to reconsider the case.
According to the Kezerashvili lawyers, should the Court of Appeals uphold the decision, assets of the Formula TV may be frozen, with the broadcaster facing imminent danger of being paralyzed.
France and the UK had in 2014 and 2016 rejected the Georgian Government’s request for Mr. Kezerashvili’s extradition as politically-motivated.
While the decision to keep Mr Gvaramia in jail has been viewed as running counter of the European Commission’s 12 conditions, the possible push to suffocate Formula TV will mean Georgia is further moving into the wrong direction.
While granting the EU membership candidacy status to Ukraine and Moldova, the European Commission gave Georgia 12 conditions one of which calls to “guarantee a free, professional, pluralistic and independent media environment, notably by ensuring that criminal procedures brought against media owners fulfil the highest legal standards, and by launching impartial, effective and timely investigations in cases of threats against safety of journalists and other media professionals.”
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