Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January-June 2007 53 Equality Institute and supporters of prisoner Irakli Batiashvili (see below) gathered in the centre of Tbilisi near the military parade that was held to celebrate Georgia’s Independence Day. They wanted to protest against the imprisonment of persons who they believed were prisoners of conscience in Georgia. Police dispersed the demonstrators and reportedly took away some of their placards. There were allegations that police used excessive force. According to Equality Institute representative David Dalakishvili, police beat him on his back and head; then they kicked him from behind so that he fell down. His supporters reported that police continued kicking him when he was lying on the ground. It is not known whether the authorities opened an investigation into the allegations that police used excessive force against the demonstrators. Under the government of President Mikheil Saakashvili there have been attempts to disband Monadire or to restructure it, and the Ministry of Defence has reportedly proposed subordinating it to the Ministry of Internal Affairs of Abkhazia in exile. Fair trial concerns In the course of the trial and since Tbilisi City Court issued its verdict, there have been allegations that there was insufficient evidence to prove that Irakli Batiashvili intended to facilitate a violent overthrow of the government. On the contrary Irakli Batiashvili and others claim that, in an attempt to avoid bloodshed in the region, Irakli Batiashvili’s aim was to act as a peace broker between Emzar Kvitsiani and the Georgian authorities. The case of Irakli Batiashvili (update to AI Index: EUR 01/001/2007) On 23 May Irakli Batiashvili, leader of the Forward Georgia opposition group and former Security Minister, was sentenced to seven years’ imprisonment on charges of “complicity” and “conspiracy or uprising to overthrow the constitutional order by force” (under Article 25 and Article 315, part 2 of the Criminal Code of Georgia, respectively). During the trial the charges of “high treason” (Article 307 of the Criminal Code) and “failure to report a grave crime” (Article 376 of the Criminal Code) were dropped. An appeal against the sentence remained pending before Tbilisi Appeal Court at the end of the period under review. Irakli Batiashvili’s arrest in July 2006 was related to a conflict between the central authorities and Emzar Kvitsiani, who served until 2004 as former President Eduard Shevardnadze’s representative in the Kodori Gorge area of Georgia. He also was the leader of the armed group Monadire (Hunter), which initially existed as a paramilitary group and was later formally subordinated to the Ministry of Defence. Amnesty International The judgment of Tbilisi City Court, among other things, stated that “Irakli Batiashvili decided to render assistance to E. Kvitsiani through providing him with instructions, advice and necessary information whereby he facilitated him to achieve the outlined objective. I. Batiashvili informed E. Kvitsiani and assured him that through his public appearances and those of representatives of some political parties he would assist him in the formation of public opinion supporting the insurrection […] I. Batiashvili provided favourable assessment to their public movement and actions against the authorities whereby he inspired them and called for prolongation of the insurrection.” AI was concerned about allegations that the criminal proceedings against Irakli Batiashvili failed to comply with Georgian law and international human rights standards. Among other things, Irakli Batiashvili’s lawyers have appealed against the refusal of the trial court to agree to the defence’s request to summons some witnesses, including an expert witness, to the court, in violation of Georgian law and the internationally guaranteed rights to a defence and to obtain the attendance and examination of witnesses on behalf of the accused under the same conditions as witnesses against the accused. At trial and on appeal, the lawyers have also argued that the CD that was included in the case file as evidence and was relied on in the AI Index: EUR 01/010/2007