Freedom of Religion Report

By Liberty Institute Content: Introduction Section I. Religious Demography Section II. Status of Freedom of Religion Legal framework Constitutional Agreement (Concordat) and Freedom of Religion Section III. Government Policy on Freedom of Religion General overview a) Ministry of State Security b) Ministry of Justice c) Ministry of Education d) Local executives Section IV. Violation of Freedom of Religion 1. Right to fair Trial 2. Freedom to maintain places for religious purposes 3. Freedom to establish and maintain appropriate charitable or humanitarian institutions 4. Unequal Treatment 5. Freedom to manifest religion or belief 6. Freedom to disseminate religious publications 7. Forced Religious Conversion 8. Pressure on Media and Non-governmental organizations Section V. Societal Attitudes Introduction During the last few years more than 700 attacks were carried out on non-Orthodox believers. The attackers broke into houses and chapels of representatives of the religious minorities, publicly burnt their religious literature, destroyed their religious appurtenances and other property, beat and often seriously injured believers, and restricted their religious rituals and charity activities. Sometimes raids on religious minorities were carried out with threats of weapons. Section I. Religious Demography The country has a total area of approximately 25,900 square miles and its population is 5 million. Most ethnic Georgians (approximately 70 percent of the population of 5 million, according to the 1989 census nominally associate themselves with the Georgian Orthodox Church. Orthodox churches serving other non-Georgian ethnic groups, such as Russians and Greeks, are subordinate to the Georgian Orthodox Church. Non-Georgian Orthodox Churches generally use the language of their communicants. In addition, there are a small number of mostly ethnic Russian believers from two dissident Orthodox schools: the Malakani Storoveriy (Old Believers); and Dukhoboriy, the majority of whom have left the country. Under Soviet rule, the number of active churches and priests declined sharply and religious education was nearly nonexistent. Membership in the Georgian Orthodox Church has continued to increase since independence in 1991. The church maintains 4 theological seminaries, 2 academies, several schools, and 27 church dioceses; and has 700 priests, 250 monks, and 150 nuns. The Church is headed by a Catholicos Patriarch, Ilya II, whose See is in Tbilisi. Several religions, including the Armenian Apostolic Church, Roman Catholicism, Judaism, and Islam, traditionally have coexisted with Georgian Orthodoxy. A large number of Armenians live in the southern Javakheti region, in which they constitute a majority of the population. Islam is prevalent among Azerbaijani and north Caucasus ethnic communities in the eastern part of the country and also is found in the regions of Ajara and Abkhazia. About 5 percent of the population is nominally Muslim. Judaism, which has been present since ancient times, is practiced in a number of communities throughout the country, especially in the largest cities of Tbilisi and Kutaisi. Approximately 8,000 Jews remain in the country, following 2 large waves of emigration, the first in the early 1970's and the second in the period of perestroika during the late 1980's. Before then, Jewish officials estimate, there were as many as 100,000 Jews in the country. There also are small numbers of Lutheran worshipers, mostly among descendents of German communities that first settled in the country several hundred years ago. A small number of Kurdish Yezidis have lived in the country for centuries. Since the collapse of the Soviet Union, Protestant denominations have become more prominent. They include Baptists (composed of Russian, Georgian, Armenian, Ossetian, and Kurdish groups); Seventh-Day Adventists; Pentecostals (both Georgian and Russian); Jehovah's Witnesses (local representatives state that the group has been in the country since 1953 and has about 15,000 adherents); the New Apostolic Church; and the Assemblies of God. There also are a few Baha'is and Hare Krishnas. There are no available membership numbers for these groups but, combined, their membership most likely totals fewer than 100,000 persons. Section II. Status of Freedom of Religion Legal framework Article 9 of the Constitution of Georgia declares complete freedom of faith and denomination and their independence from the state, but, at the same time, acknowledges a special role of Orthodox Church of Georgia in history of Georgia. Apart from this, Article 14 of the Constitution acknowledges equality of every person before the law ”despite their race, color, language, sex religion, political and other credo, national, ethnic and social affiliation, origin, property status and title as well as their place of residence.” Nonetheless, Georgia has been less successful in defining and protecting the status of minority religious communities. For example, there is no provision in present Georgian legislation, which defines the opportunity to gain legal personality for minority religions. This bars non-Orthodox faiths from exercising their religious freedoms. First they cannot take advantage of the benefits of registration and as such are barred from, among other things, full property and customs rights. Second, this gives a sense of legitimacy to illegal discriminatory policy on the part of public officials. The legal problems are created by a nexus of the Civil Code and the Law of Public Entities. Article 1509 of the Civil Codes provides that: “The following entities are deemed to be legal persons of public law as prescribed by public law…Non-governmental organizations created on the grounds of legislation for accomplishment of public objectives (political parties, religious associations, etc).” The Law on Public Entities states that only “a law or presidential decree” can create these public entities. As a basic matter, the need for state support for the creation of a religious entity seems to violate the separation of church and state guaranteed by the Georgian Constitution. Moreover, given their lack of representation within the political process, religious minorities have been unable to take advantage of the public registration process, effectively being barred from registering. As such, minority religious groups are left in a vacuum, technically bestowed with freedom of religion, but at a severe disadvantage in that they cannot take advantage of the concrete benefits that registration provides. Article 6, paragraph 2 of the Constitution of Georgia states: “2. The legislation of Georgia corresponds with universally recognized norms and principles of international law. International treaties or agreements concluded with and by Georgia, if they do not contradict the Constitution of Georgia, take precedence over domestic normative acts.” The similar principle is affirmed by article 39 of the Georgian constitution: “The Constitution does not deny other universally recognized rights, freedoms and guarantees of the individual and citizen, which are not specifically stated, but are the natural outcome of the principles contained within the Constitution”. Therefore the international instruments have the binding power in designing policy of freedom of religion. Moreover, international instruments are supreme over domestic legislation. Thus in our report we apply to international instruments that give more specifications in defining freedom of religion then domestic laws. Constitutional Agreement (Concordat) and Freedom of Religion In 2002, the government officially declared its position towards church-state relations, signing a constitutional agreement (the “Concordat”), giving special status to the Orthodox Church. The agreement was concluded between two subjects – the state and the Orthodox Church - and it will not concern other religious denominations. According to the constitutional amendment this constitutional agreement (in the rank of a law) right after Constitution of Georgia has higher rank than international agreements or any other laws. The existence of the Concordat itself is relatively unproblematic. Moreover, the European Court of Human Rights (the “ECHR”), whose case law is binding on Georgia as a member state, has upheld state support for an official religion. Though, there is no guarantee that agreement will contribute to the improvement of discriminatory atmosphere in the country. This suspicion, first of all, is caused by the state and Orthodox Church’s approach towards religious minorities. For example, on August 25th 2000, when Parliament of Georgia was discussing constitutional agreement, Tskhum-Abkhazeti Bishop Daniel expressed position of the Patriarchy. He said that it would be unfair if Orthodox Church and any other small religious groups had the same status. “We should speak not about equality but about balance”, said the Bishop. Section III. Government Policy on Freedom of Religion No one shall be subject to discrimination by any State . . . on the grounds of religion or other belief [1]. General overview Certain tension of religious character existed in Georgia before 1997, but it could not be qualified as extremism. Creation of religious extremism as well as inspiration of conflicts of religious background is directly connected with the policy carried out by the state. Backing of extremism by the state is clearly demonstrated by its reaction on the facts of religious extremism. More than 700 complaints were sent to the Prosecutor General’s Office about attacks against religious minorities. Similar letters of complaint were sent to the Ombudsman, Ministry of Internal Affairs, National Security Council, President’s Representative on Religious Issues. Each of them was asking authorities to put an end to violence and punish perpetrators, but all in vain. Lots of civil actions brought in and containing requests to compensate moral and economic damage, caused to religious minorities by extremists, were not satisfied, as well as civil actions against those officials of law enforcement entities, who did not take any measures to use their authority and legal power in order to stop religious extremism. The state is not campaigning for the increase of the level of tolerance in the society or inculcation of ardor for inadmissibility of extremism and discrimination. No educational programs and concepts have been worked out in this direction. There is no state concept, aiming creation of atmosphere of religious and ethnic tolerance. Quite the contrary: the state and its actions support and encourage creation of atmosphere of extremism and intolerance. There are many aspects demonstrating state’s policy of support to extremism and intolerance, in particular: 1. Impunity of extremists (Basil Mkalavishvili, “Jvari” association); 2. Non-fulfillment of positive responsibilities (protection of minorities from those raids, where police is also present …) by the state; 3. Oppression of religious minorities, demanded by officials and politicians at every level, including the President himself and carried out by the state; 4. State legislative initiatives aiming at oppression of religious minorities (draft law on “Freedom of Conscious and Religious Denominations,” prepared by the Ministry of Justice); 5. State’s financial and other support to mass media of extremist orientation (“Literarturuli Sakartvelo” newspaper and others); 6. Broadcasting of programmes discriminating minorities by the State TV; 7. Restriction of charity activities of religious groups by the state. The list is not complete and can be further extended. Besides, starting from 1997 propaganda of extremism is still increasing. Deliberately or against its will Georgian mass media plays active role in this propaganda. The state, verbally acknowledging complete independence of faith and denomination and equality of every person before the law, practically promotes persecution of religious minorities and inculcation of atmosphere of intolerance. Persecution of non-Orthodox religious orientations in Georgia gradually takes permanent character, which is often ignored by the state. Furthermore, persecution is often carried out with the consent of the state, instigation or participation. Principle of equality of religious denominations is breached. The state is conductive to inculcation of the atmosphere of religious intolerance. There are cases, when officials and politicians violate rights of religious minorities themselves, instigate to religious hostility, or in some other way contribute to the latter. On 21 September of the year 2000, in response to the criticisms received from international community, at a scientific session of Gelati Academy of Sciences, dedicated to the 2000th Anniversary of the date of Christ’s birth, President Eduard Shevardnadze made a speech, in which he disapproved persecution of religious minorities. Moreover in the same speech he practically repeated Basil Mkalavishvili’s favorite terms and zeal to estimate the danger which could be brought by religious minorities: “Followers of other religions have never been persecuted here, and if some people take liberties to do so, they should know that the state does not allow this. This runs counter to Georgian traditions and nature and often is rather a provocation ordered by our enemies. Georgia today is open to the world and to a certain extent – even vulnerable… With its all of a sudden opened frontiers Georgia appeared face to face with the world’s big religions or certain sects - face to face and vulnerable at the same time. Georgia, as well as the whole of the post Soviet space, has become the place, where lots of missioners arrive and try to impose their religion on illiterate, unstable believers or those just tempting fate. At first sight, spiritual choice of an individual is quite alternative and unlimited, but this at the same time bears danger of breach of national consciousness, as the spirit of the nation is in each of us and, consequently, it is reflected in our ideas, belief and culture with its integrity or individual variety”. On March 30th, 2001 Parliament of Georgia adopted a special decision condemning extremism. According to one of the points of the decision law-enforcement agencies were instructed to eradicate any manifestation of extremism or violence, though at discussions of the very decision it turned up, that religious tolerance is an unacceptable concept even for majority of Members of Parliament of Georgia. Guram Sharadze, Member of Parliament, called for to stop criminal case instituted against extremist leader Basil Mkalavishvili. On this members of different factions stated, that Basil Mkalavishvili did their (job of members of Parliament) job as well. “Basil Mkalavishvili appeared as we were unable to restrict different religious denominations by civilized methods”, said Vakhtang Bochorishvili, Chairman of faction “XXI Century”, in his speech. More than that, Bochorishvili stated that he had a document saying where and which buildings were built by “sectarians”. Bochorishvili called on Members of Parliament to pay more attention to this. “Sectarians” break into the houses of starving people. Enticement should be punished, law should be accepted on this” – declared Vakhtang Bochorishvili. Similar speeches were made by members of different factions: Eldar Nadiradze (Faction XXI Century), Khatuna Khoperia (Faction Citizens Union of Georgia), Guram Sharadze (Faction Industrialists) and others. On March 22nd, 2002 The President issued an order “About Strengthening of Fight Against Crime and Urgent Measures for Provision of Public Security “ which aimed at strengthening of fight for eradication of the facts of kidnap, drugs trafficking, attacks on foreigners and violation committed on religious background. Apart from other events it commissioned Prosecutor’s Office, Ministry of Internal Affairs and State Security Ministry, to put an end to violation committed on religious motivation and take special measures in order to reveal criminals and punish them. Preamble of the order says that deterioration of criminal situation in the country has seriously damaged Georgia’s international image. It should be mentioned that damaged international image of Georgia was the only reason why the President issued this order. And his goal was not to improve situation, but to trick international community. This was well demonstrated by the fact that situation in the country, after the order was issued, did not improve at all; also, by another fact - that the Ministry of Justice worked out draft law, which at legislative level already envisaged restriction of freedom of denomination. After his order, on July 10th, 2002, President Eduard Shevardnadze hosted a meeting of heads of seven religious denominations in order to map a joint strategy for eradication of crimes committed on religious background. It was said at the meeting that strengthening of religious extremism and increase of aggressiveness of society are caused by poverty of population. Supreme Court, also, started its campaign of verbal condemnation of religious extremism. Since its decision on cancellation of registration of Jehovah’s Witnesses was followed by increase of religious extremism and aggravation of criminal incidents, Supreme Court was obliged to condemn “vandal acts” committed by Mkalavishvili and “other manifestations of extremism…” Impunity of extremist forces made political leaders of democratic wing to seek support among extremists. This was indicated in the speech of the Chairman of Parliament, Zurab Zhvania, at the opening of autumn parliamentary session, September 12th, 2000. He said: “None of us should stay beyond those passions, which obviously exist in the society. I mean the passions of the latest months existing in Georgian society and concerning activities of some of the sects. Probably, it is a particular objective - to work out serious, strict rules (i.e. restricting activities of sects on legislative basis) like those, existing in many of the European and neighboring countries, e.g. in Armenia.” a) Ministry of State Security Involvement of Ministry of State Security in propaganda of religious intolerance was well demonstrated in Kutaisi. Tamaz Dekanoidze, local representative of the Ministry forwarded several newspaper articles to the local press for publication. Those articles presented doctrines of different denominations in the light Orthodox criticisms and demonstrated how dangerous those religions were for Georgian state, how their followers evaded their civic duties etc. For example, an article about Baptism said: “The essence of peculiarity of Baptists is that they reject vowing, service in the army, the court, civic duties and bias towards Judaism… Baptists are hostile to Orthodox Church and what is more, they reject teaching of apostles about the church.” Such articles contribute to religious fanaticism and creation of atmosphere of intolerance. And when the Ministry of State Security does this, it is quite obvious, that the state encourages fanaticism and intolerance. Disposition of the Ministry of State Security is well manifested by the statement made by Simon Nozadze, (now former) Deputy Minister of State Security, end of February 2001, after cancellation of registration of Jehovah’s Witnesses by the Supreme Court. The Deputy Minister told journalists, that “it is necessary to bring dogmas of non-traditional confessions to conformity of Georgian mentality and traditions”. According to the Deputy Minister, law on “Freedom of Conscious and Religious Organizations” should be adopted, as soon as possible. According to him, “within existing legislative vacuum separate non-traditional confessions continue carrying out their activities in accordance with their doctrines, which, very often, come into conflict with Georgian mentality, expose people’s lives to serious danger, advocate evasion from the service in the armed forces etc.” Even Basil Mkalavishvili does not confine his links with police and security services. For example, in September 2000 on the air of the journalist investigation programme “60 Minutes” of the TV Company Rustavi-2 he declared, that he was warning representatives of law enforcement entities in advance that he was planning further attacks. In August 2001 BBC broadcasted Mkalavishvili’s boast about how representatives of law-enforcement entities supported his activities. He said: “Thank goodness, there are people in our security and police services, wishing to help me; they understand how dangerous these sects are for Georgia.” b) Ministry of Justice All States shall make all efforts to enact or rescind legislation where necessary to prohibit any . . . discrimination . . . on the grounds of religion or other beliefs in this matter. [2] The state’s wish - to restrict non-Orthodox religious denominations – is manifested not only in quotations and actions of certain persons, or in the guarantee of impunity, which is so well used by religious extremists, but, first of all, in legislative initiatives prepared by the state itself. The Ministry of Justice of Georgia has prepared a draft law on ” Freedom of Religion and Religious Organizations”, which directly violates interests of religious minorities and is nothing else than an attempt to ban freedom of religion. The draft law, generally, declares equality of citizens regardless their consideration for religion, independence of religious organizations from the state and their equality to the law. It also states that freedom of conscious, confession and belief should be guaranteed by legislation, and a certain responsibility should be born for its breech. Nevertheless, general declaration of the draft law is followed by serious restrictions. In Article 4 of the draft law – “Freedom of Conscious, Denomination and Religion “- Ministry of Justice introduces notion of “unfair proselytism”: “Unfair proselytism - which means offering of economic or social benefits to people by any religious organization or confession, in order to attract new members, and, psychological or ideological pressure on people to achieve this, without a person’s clearly expressed consent - is prohibited.” (Article 4, 7). This formulation restricts freedom of conscious and religion, which, according to Article 9 of the European Convention on Human Rights”, embraces “freedom of exchange of religion and belief both alone and together with others, publicly or privately, freedom to express religion or belief by denomination, teaching or rituals and their protection.” Introduction of the notion of unfair proselytism restricts both freedom of free manifestation of religion and belief and freedom of teaching, as well as religious organizations’ right to carry out social activities, in particular, charity, as such activity can always be qualified as unfair proselytism. In fact this article of the draft law contradicts with Article 19, according to which religious organizations have right to carry out charity activities both directly and through associations and foundations. Appearance of “Ideological pressure” in this context is an absolute nonsense demonstrating state’s wish to completely control and, if needed, in accordance with the law, restrict or ban activities of any religion directed to teaching or spread of their belief. According to the draft, unfair proselytism may become the reason of cessation of activities of religious organizations, though another draft “On Addendums to the Criminal Code of Georgia “is even more dangerous. According to it Article 1551 should be added to the code. According to above Article unfair proselytism “is punishable through imposing a fine or reformatory labor for the term of up to one year, or imprisonment for the term of up to two years.” It is practically impossible to determine why one person is assisting another – in order to attract new members or just through his/her good will. This formulation may send someone to prison for 2 years only because he/she decided to carry out a charity action. And this happens when Basil Makalavishvili and his supporters, having beaten hundreds of people, injured them, destroyed and misappropriated other people’s property, have never been punished. More than that, authorities do not even attempt to stop breach of law and violation of the rights and freedoms of people. Given the current practice, this requirement of the draft law may become direct background for restriction of undesirable for authority's religions, whilst religions organizations “protected” by authorities are not facing this danger. A draft “About Amendments and Addendums to the Administrative Infringements Code” contains danger of restriction of freedom of religion. According to it Paragraph 1 of the Article 199 should be formulated as follows: “In accordance with legislation on religious organizations deviation from registration of a religious organization by a chief person of the religious organization is imposed on a fine at the sum of 100 laris.” In fact, according to above mentioned draft law, if any religious organization or a religious worker tries to carry out activities without registration, it/he should be punished in accordance with law. This, genuinely, restricts both opportunities for free manifestation of belief and chance for new religious denominations to be established. According to the draft law any religious organization, wishing to be registered, should produce a list of signatures of at least 50 persons with indication of their first and second names, citizenship, and date of birth and place of residence. In fact, any new religious organization with less than 50 followers will not be allowed to carry out its activities – teaching, performing rituals etc. This, in fact, makes doubtful even turning up of 50 followers of a new organization which enables the group to be established; or makes the leaders of these religions carry out their activities by breach of law from the very beginning of their activities. According to Paragraph 3 of Article 10 of the draft law, which is also discriminative, “any religious organization, functioning on the territory of Georgia for 50 or more years, is authorized to introduce “Georgia”, “Georgian” or other words together with “Georgia” in its title” while being registered. As a matter of fact, no one has a right to monopolize word “Georgia”, whilst restriction of its appliance discriminates new religious denominations. Besides, this contradicts with the religious principle on which Christianity is based i.e. churches from the times of apostles were established on territorial principle and each church had the name of the territory where it was first founded. The draft law envisages restriction of those religious denominations which might cause damage to people’s health. According to amendments to the criminal code (Article 1271) “Organization or leading of those religious groups, which may carry out activities (sermon, rituals etc.) causing damage to people’s health, is punishable by a fine or imprisonment for the term of up to 2 years. The same action, causing serious damage to people’s health or death is punishable with imprisonment for the term of up to 3 years.” In fact, on the basis of this innovation, Jehovah’s Witnesses, as a religious denomination, can be banned and the excuse may become rejection of blood transfusion. Proceeding from current political situation in Georgia, we should think that appearance of this article in the draft law is directly connected with existence of Jehovah’s Witnesses and is directed towards their restriction. Although in other political situation the same article could be applied against other religious denominations as well. c) Ministry of Education The child shall be protected from any form of discrimination on the ground of religion or belief. [3] There are many examples of religious persecution and intolerance in educational institutions. In September 1999, a Head of Bazaleti District Education Department cancelled out one of the disciplines from curriculum, “Religion and Culture”, at school. This was motivated by the fact that Nugzar Vardzeuli, a teacher of the subject, was a member of Baptist Church. Head of district administration (Gamgebeli), Nugzar Odishvili, was informed on this fact. During his official meeting with journalists and representatives of the Ministry of Education Mr. Odishvili could not justify his decision and made the following comment: “Yes, but what made him revolt against his religion and nation?” Investigation of the case showed that Verdzeuli taught his discipline according to the school programme and did not advocate his religion. On requirement of the Ministry of Education the school restarted the discipline, but with another teacher. As for Nugzar Verdzeuli, he was promised to compensate his hours in some other discipline. Vasil Basishvili, a pupil of Tbilisi School No 173, was persecuted by his teachers and classmates because he was a member of Evangelical Church. In 2001 his parents wrote a letter to the Ministry of Education on this matter. Tamaz Tatishvili, Deputy Minister of Education, rejected the fact of persecution, but two months later, on 4 June 2001, another Deputy Minister of education, Rusudan Gorgiladze, in her letter confirmed that Basilashvili was persecuted at school. “The School Administration is severely warned to prevent any similar conflict”, says the letter. Despite this warning Basishvili’s parents were obliged to transfer their child to another school. Freedom of religion and denomination, as well as the principle of independence of Church from the state, acknowledged by constitution of Georgia, is often breached at state schools. In many schools lessons in “History of Religion and Culture” discipline, are used for religious propaganda. This fact is neglected by the state. There are cases when teachers call pupils to fast, tell the girls to cover their heads with kerchiefs and make them to erase foreign codes on their school things as if the codes were satanic symbols. Information on such cases reaches Tbilisi from different regions of Georgia, e.g. Kutaisi School No 14 (teacher – Malvina Zhorzholiani). Teachers of “History of Religion and Culture” are often appointed upon Orthodox chief clergymen’s recommendations or often are graduates of only theological schools. There are cases, as mentioned above, when teachers are not allowed to teach the discipline just because they are not Orthodox. A new school textbook on “civic defense” approved by the ministry was met with harsh criticism by religious minority leaders and members of the civil society. That warns school children about the "dangers" of religious "sects". "Security: Dangerous Situations and Civil Defense", issued with Education Ministry approval last year, is used in the tenth class (for children of 15 and 16 years' old) in the compulsory subject Security. d) Prosecutor’s office Prosecutor’s Office of Georgia takes active part in campaigns against religious minorities. Its activity, first of all, is manifested by delay of investigations and distort of qualifications, also, by the fact that Prosecutor’s Office abstains from institution of proceedings. After the raid of 17 October 1999 pressure from international community obliged Prosecutor’s Office to accuse Mkalavisvili for the interference in religious services (Criminal Code, Article 155) and breach of the peace (Criminal Code, Article 226: Organization of group activity to breach the peace and participation in it). Prosecutor General’s Office forwarded ten criminal cases to Tbilisi Prosecutor’s Office, describing 17 criminal episodes committed by Mkalavishvili. Liberty Institute requested Tbilisi Prosecutor’s Office to let them know which episodes were described. The request was ignored, after which Giga Bokeria, representative of Liberty Institute, on 8 August 2001 brought legal action to the Vake-Saburtalo District Court against Tbilisi Prosecutor’s Office. On this he received an absurd reply saying, that a fact disclosure of such information to the Liberty Institute would breach presumption of innocence. The essence of the action is, that, according to Georgian legislation public information, which does not contain any state, commercial or personal secret, is open to anyone. Any crime, especially against freedom of conscious and religion, is always considered to be of public legislative nature. Consequently, public has a complete right to get information about persons using force against different religious groups. Tbilisi Prosecutor’s Office, as one of the public institutions, must not deprive society of this right. Simon Machavariani’s (Prosecutor of Kvemo Kartli Region) initiative, to call on NGOs functioning in Rustavi and ask for their assistance (August 2001), is another example of encouragement to extremism and violation carried out by the state. According to him, Prosecutor’s Office had received letters of complaint against “Jvari” association, which attacked religious minorities, destroyed their property and violated their rights. Representatives of Rustavi NGOs said, that the Prosecutor called them to render support to “Jvari” association. Otherwise he would have to arrest members of the association. In fact, the Prosecutor, by means of NGOs, tried to form public opinion supporting “Jvari” association and then justify his inactivity with the “public opinion” created by him. Liberty Institute informed on this Prosecutor General, but no action followed. And what is more, at a press conference, held on September 27th, 2001 Prosecutor General said that increased number of the cases of suicide in Georgia can be explained by increase of the number of sects. Section IV. Violation of Freedom of Religion 1. Right to fair Trial All persons shall be equal before the courts and tribunal . . . everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law [4]. After the raid on Evangelical Church “Madli”, carried out by the police of Gldani district, members of the church brought a civil action to Gldani Regional Court. The process was under Basil Mkalavishvili and his congregation’s control. Tamaz Sabiashvili, judge, did not take any measures at the court hearing to protect Evangelists from the attacks of Mkalavishvili and his congregation during the court proceeding. Police officers, Givi Ekizashvili and Shalva Rukhadze, stated at the court hearing that they had a document, signed by three hundred people, in which Gldani population asked police to disperse the church meeting held outside. The officers also said that they had a document, signed by 75 people, saying that police had not dispersed the meeting; however, the policemen could not submit any of these documents to the court. They presented the list of only 19 persons requiring disperse of the meeting, but the court listened to the evidences of only 9. >From the 9 only two witnesses confirmed that they had asked police to stop the meeting. The rest said that they signed the document only before the hearing at the court. The judge refused to view the video material reflecting events of May 29th motivating this by power cut problems. After this, on 17 August 1999, the court of first instance acquitted police action. The judge made the following justification of his decision in the motivation part of the decision: “This religious group tried to entice young people by a promise to release them from military service. In such case police was authorized to stop the meeting, as deviation from service in the army is an anti-state action.” The court did not indicate which law qualifies deviation from military service as propaganda against the state. Besides, no evidence had been presented to the court proving that Evangelists were calling anyone to deviate from military service. The Judge, Tamaz Sabiashvili, did not take into consideration the plaintiffs’ explanations on the matter, who said that they (Evangelists) do not refuse to serve in the army, which means that the fact, as such, could not have taken place at all. On 10 October of the same year Tbilisi district court did not change the decision. Same history repeated in the Supreme Court. Chamber of Cassation of the Supreme Court applied to a paradoxical syllogism while taking its decision. It said that the court had followed the European Convention on Human Rights and Basic Freedoms Protection, according to which a peaceful meeting can be ceased if, in the case of counter-demonstration, there is a danger of using force. So, presence of Father Basil Mkalavishvili and his supporters at the site of conflict justifies the raid, carried out by police. Such was the logic of the Supreme Court. Such decision of the court could not be understood otherwise than a direct call to persecute religious minorities. Right after this Basil Mkalavishvili, as a rule, accompanied by police, became especially active with his unmerciful raids on religious minorities. After the raid carried out in Gldani on 17 October of 1999 Prosecutor’s Office instituted proceedings against 4 persons. Two of them were attackers, while the other two – victims. Prosecutor accused two young victims, Mirian Arabidze and Zaza Koshadze, for hooliganism and breach of the peace. According to accusations Arabidze and Koshkadze verbally and physically assaulted members of Gldani Eparchy. There was no evidence presented to the process proving accusation, but the judge did not take this fact into consideration and declared both young men guilty. As for attackers, Prosecutor’s Office accused only two elderly ladies, Tsiuri Mgebrishvili and Despine Shoshitaishvili, for annihilation of property (literature) belonging to Jehovah’s Witnesses. The ladies did not deny this and what is more, declared at the trial that they will act in same manner in the future. At the trial, where the fact of the raid was discussed, Mkalavishvili’s supporters assaulted human rights defenders, journalists and Jehovah’s Witnesses present. Among victims of August 17th incident were Giga Bokeria and Kote Vardzelashvili, members of the Liberty Institute, Emil Adelkhanov, member of the Institute of Peace, Democracy and Development and David Paichadze of Radio Liberty, Radio Free Europe. The day before, 16 August, Basil Mkalavishvili’s followers beat Canadian human rights defender, lawyer, John Burns, who was monitoring the process as a representative of Jehovah’s Witnesses. Basil Mkalavishvili’s supporters threw him on the floor and beat him with a large wooden cross. This happened during the break between hearings publicly, in front of policemen, who did not interfere. Sozar Subeliani, correspondent of Radio Liberty, tried to intercede for John Burns, but Mkalavishvili’s supporters made him leave the hall. At the process Basil Mkalavishvili’s supporters were carrying slogans. One of them said: “Orthodoxy or Death”. Extremists tried to make an influence on the court with their loud shouts and threats. Basil Mkalavishvili himself tried to use the sittings of the court to advocate extremism and this was not prevented by the judge either. For example, On September 19th Mkalavishvili declared at the trial loudly that police supported his actions. He thanked police for this: “You should not only protect law in the streets, but you should, first of all, protect Christianity. Our ancestors did this, Saint George did this, Saint George had a rank of a Colonel…He had a military rank like you. That’s why I am asking police to follow his example. Georgian nation should see how you can fight for Orthodox belief … No concessions to them, no clever conversations! Only I know well their remedy and you all should use the remedy, which I prescribed to representatives of Jehovah’s Witnesses. We should exterminate any demonstration of such evil with fire and sword.” On September 3rd, 2001 Tbilisi Prosecutor’s Office instituted proceedings against Vasil Mkalavishvili and Petre (Gia) Ivanidze. They were accused of “causing deliberate bodily injuries” (Article 125 of Criminal Code). Later, in accordance with several other articles of the Criminal Code of Georgia, they were accused of: “illegal penetration of an apartment or other property against the owner’s wish”; “illegal restriction of freedom of a person’s activities”; “beating“; “threatening”; “organization of group activity breaching public order, or active participation in it”; “compelling”. The case on October 6th, 2001 was forwarded to Didube-Chugureti District Court, but hearing is delayed without any justification. Decisions made by Supreme Court (justifying the raid on Evangelical Church carried out by police, banning the registration of Jehovah’s Witnesses), as well as decisions of the court of first instance (which despite existing criminal facts did not sentence Basil Mkalavishvili to imprisonment before the trial) could not be understood otherwise than encouragement of religious extremism and restriction of religious minorities. 2. Freedom to maintain places for religious purposes [5] On 14 February of 2001 Akhaltsikhe Gamgeoba (local administration) sent a letter (#9) to Juseppe Pasotto, Caucasian Apostolic Administrator. The letter said that the town Gamgeoba considered it inexpedient to let Catholics build a church on that spot, as privatization of the half built building was illegal and permission on construction was to be agreed with the Patriarchy of Georgia as well as with Department of Urban Development, Ministry of Urbanization and Construction of Georgia. Department of State Property Management of Akhaltsikhe district in its letter (#49) of 5 March 2001, confirmed, that the above mentioned building had been legally privatized; Minister of Urbanization and Construction of Georgia in his letter (#03-423) of 20 April confirmed, that Ministry was not against carrying out construction works on the territory mentioned above. Despite this fact Shota Naskidashvili, Chairman of Akhaltsikhe Sakrebulo, stated in his letter (#35) of 16 May 2001, that the Minister of Construction was deluded and Sakrebulo of the town was against construction of the church. District Gamgebeli, Kakha Tsereteli, stated that he was going to prosecute illegal privatization of the building. Earlier, in 1998, when Kakha Tsereteli worked as a Deputy Head of Valle Customs Check Point, he arrested religious literature belonging to Jehovah’s Witnesses. Ceremony of consecration of the site with participation of the Apostolic Nuncio was planned to take place on 25 June 2001. Due to certain obstacles, created by authorities, the ceremony did not take place. Ethnic Armenians, following Catholic denomination, in Akhaltsikhe district have similar problems. There are 300 Catholic families in the village of Naokhrebi (12 kilometers from Akhaltsikhe). There is a Catholic church in Akhaltsikhe district, built after Armenians’ migration from Erzrum (1829) to this place. The church is on the verge of collapse. Coal mining operations carried out during Soviet period seriously damaged foundation of the building. In early 2002 village population (Gamgebeli E. Arakelyan) wrote an application letter to both Gamgebeli of Akhaltsikhe district and Orthodox Bishop of Samtskhe-Javakheti, Theodor (Chuidze), asking them to assist in obtaining permission for construction of a new church on a site, gifted to the village specially for this purpose by S. Karapetyan, one on the villagers. The request of villagers was declined by both district Gamgebeli and Bishop Theodor. Georgian Evangelical-Baptist Church decided to hold Christmas Mess on 7 January of 2002 in a hall on the ground floor of a hostel for deaf and mute in Kutaisi. Several minutes earlier before the planned event representatives of authorities, who did not wish to name themselves, asked Baptists to give up their idea of holding a mess; otherwise Baptists would be attacked. Religious minority representatives were obliged to hold the mess in Guram Kapanadze’s house (priest of Baptist Church). Baptists have rejected suggestions made by the governor of the district in eastern Georgia where a Baptist church was destroyed on 15 June that they set fire to their own church. "Some people are saying the Baptists did it themselves because they wanted a much nicer church," Timur Berianidze, governor of the Kvareli district, told Forum 18 News Service on 3 July. He described as "a lie" the widely-held view that the local Orthodox priest Bessarion Zurabashvili was involved. Berianidze denied reports from Baptists in the village of Akhalsopeli that they were still facing threats. In Kutaisi right of Catholic Church to exercise its religion, guaranteed by Article 9 of European Convention of Human Rights, is restricted. On the initiative of Catholic Church, Radio Old City in Kutaisi started broadcasting of 20 minutes long programmes about activities of Catholic Church of Georgia. Usually, as soon as the programme started, power supply to the radio station was always cut and renewed only 15-20 minutes later. It is worth mentioning, that the station was located in the same building with a publishing house, which had a power supply for 24 hours. Power switches of the district were under direct control of Imereti Regional Energy Company. In 2001 Bahaists, trying to spread their religion, had problems in Kakheti Region. Representatives of local administration forbade them to spread their brochures and books, but the conflict was settled peacefully. The case followed and described below can be considered as one more example of encouragement of extremism by the state. It refers one of the protestant denominations – “Association of Christians - Followers of the Testament”. This association intends to build its office and school in Khevdzmari Street in one of the suburbs of Tbilisi. They obtained construction permit from City Architectural Service in 2000, but their idea was not and, probably, will not be realized, as the territory was not and still is not protected from Basil Mkalavishvili, his supporters and their attacks. They systematically attack the site. According to one of the members of Board of the Association, pastor of the church, Oleg Khubashvili, State Security Service, as well as other law enforcement entities, refused to protect their construction. 3. Freedom to establish and maintain appropriate charitable or humanitarian institutions [6] In 1999 arena of fight against non-Orthodox denominations was occupied by one more person – Member of Parliament Guram Sharadze - who brought legal action (to Isani-Samgori district court) against two organizations belonging to Jehovah’s Witnesses. Guram Sharadze required banning of “Organization of Jehovah’s Witnesses” and “Tbilisi Representation of Pennsylvania Watch Tower and Treaties Society”. These two organizations were registered at Isani-Samgori district court on 17 April and 11 June of 1998 as unions. In fact, Guram Sharadze and a political organization established by him – “Georgia Above All” – started their preparation for the elections of October 1999 with their nationalist slogans, most efficient of which, according to Sharadze, were those against religious minorities. Part of this campaign envisaged both series of actions started against exhibition of the pieces of Georgian art and demand to cancel registration of Jehovah’s Witnesses. It should be pointed out, that every religious organization, functioning in Georgia, is registered by the court as a union and represents a juridical person of private law. According to law, as was mentioned above, a religious organization is a juridical person of public law, but law does not specify, how this registration should take place. Therefore, in order to carry out any activities legally, these organizations need to be registered as juridical persons of private law. In this context Patriarchy of Georgia is an exception. It is not registered and, consequently, is not a juridical person but this fact is not an obstacle for Patriarchy to get annual financial support (about two million laris per year) from the state budget. Moreover during certain period Patriarchy enjoyed tax exemptions for entrepreneurial activities. The law suit filed by Guram Sharadze, said: “Union of Jehovah’s Witnesses” and “Tbilisi Representation of Pennsylvanian Watch Tower and Treaties Society” carry out “anti-state, anti-national and anti-Orthodox activities… Spread of anti-Orthodox literature by them turns into illegal propaganda of prohibited contraband.” The suit was brought in together with letters written by the Catholicos Patriarch of Georgia, Ilia II, and the Secretary of the Patriarchy, Levan Pirtskhalaishvili. The enclosed letters were supporting the idea of cancellation of registration of the two organizations of Jehovah’s Witnesses. They also demanded to put veto upon their activities. For example, the Patriarch’s letter said: “Jehovah’s Witnesses’ actions are anti-national and anti-state … Materials placed in their journals humiliates belief of Orthodox Church, calls to change traditional religion of the society and encourages hostility between people. Import of this and other similar literature is a crime against nation and mankind… We believe that import of religious foreign literature should be banned until we have no law on religion.” Finally, the process turned into attempt of estimation of religious belief and doctrinal issues, after which, the judge, Tsisana Khazalia, forwarded materials presented to the court to Sociology Chair of the Faculty of Philosophy of the State University and Institute of Philosophy for further investigation. On the basis of the experts’ conclusion the court sided with Jehovah’s Witnesses in February 2000, but the trial was not completed. Guram Sharadze appealed to the district court against the decision of the regional court. On 27 June 2000 the district court overruled the decision of the regional court together with registration of Jehovah’s Witnesses. On February 22nd Supreme Court upheld the decision of district court. According to decision of Cassation Chamber Union of Jehovah’s Witnesses is a religious organization and it cannot be a juridical person of private law. Besides, decision of the court states that cancellation of registration does not mean prohibition of the organization and “their freedom to change belief alone or together with others, publicly or privately is not restricted…Neither is restricted freedom of demonstration of their religion or belief, teaching of their religion and rituals.” In fact, this decision, taken by the Supreme Court, was rather political and complimented campaign of restrictions of religious minorities, lately carried out by Georgian authorities. This is also proved by other decisions taken by Supreme and courts of lower instance. According to the decision of February of Supreme Court Pennsylvanian Watch Tower Society can carry out its activities only via its representation accredited in Georgia. Jehovah’s Witnesses now have limited possibilities to register juridical persons. This creates obstacles to both their religious activities and freedom of belief. On March 15th 2001 Supreme Court made a statement and tried to make excuses for its decision to ban registration of Jehovah’s Witnesses and denied the fact that decision of February 27th 2001 was followed by increase of religious intolerance. The statement says that cancellation of registration of Jehovah’s Witnesses did not mean restriction of the practice of their belief. Supreme Court’s decision was understood as encouragement of intolerance and extremism not only by lower-, but by top representatives of authorities as well, including Deputy Minister of State Security. Supreme Court’s decision encouraged Guram Sharadze’s activities against religious minorities. He required arrest of literature imported by Jehovah’s Witnesses, deportation of Arno Tungler, one of the leaders of Jehovah’s Witnesses, from Georgia and cancellation of the bank account, opened by Jehovah’s Witnesses in TBC Bank. Patriarchy of Georgia supported Guram Sharadze’s “energetic fight for justice” and his “particular activity” to reveal criminal occupation of “Jehovah’s Witnesses”. On 16 August 2001 Jehovah’s Witnesses appealed to European Court for Human Rights against decision, taken the Supreme Court. European Court for Human Rights decided to hear the case based on priority. 4. Unequal Treatment The fact that a religion is recognized as a state religion shall not result in any discrimination against adherents to other religions or non-believers. [7] Besides the fact that policy of unequal treatment (tax exempt status is only available to orthodox church) is actively supported by state orthodox church itself is involved in violation of religious freedom. In April of 1999, at the extraordinary parliamentary session, dedicated to Georgia’s becoming member of European Council, the Catholicos Patriarch of Georgia, Ilia II, made a report in which he stressed the role of Orthodox Church in development of the statehood of Georgia and maintenance of Georgian originality. In the same speech Ilia II required restriction of “sects”. Problems concerning restriction of freedoms of prayer, service and spread of belief are often faced even by denominations, having rich traditions of their activities in Georgia. For example, in several regions of Georgia, such as Samtskhe-Javakheti, Kutaisi and Batumi, rights of Catholic Church and Catholic believers are violated. One of the churches located in Varlamishvili Street, Kutaisi, became the subject of court hearing, which took place on December 18th, 2001. Bishop Gabriel Bragantini, Head of Catholic Church of Western Georgia, brought a legal action against the President of Georgia, Eduard Shevardnadze, on behalf of Union of Catholics of Western Georgia “Savardi”. According to the law suit freedoms of belief and denomination, given to Catholics of Western Georgia by Georgian Constitution, are restricted, as they (Catholics) are not allowed to hold their service in Kutaisi Catholic Church, which traditionally was a cradle of spiritual centre of Georgian Catholics. The arguable church was built by Catholics on the territory, gifted to them by King Solomon II in the first half of the 19th century. Catholic service was held in the church until 1939, when Communists closed it. In 80-ies of the 20th century Kutaisi Catholics number of times applied to local authorities of the city with a request to return the church to them (Catholics), but all in vain. On August 30th, 1989, in accordance with Protocol #30 of the Council of Ministers of Georgia the church was given to the Society of Orthodox Believers, not subordinated to the Patriarchy. On April 12th, 1990 Council of Ministers of Georgia issued Decree #183, according to which all Orthodox churches located on the territory of the country, as well as all buildings, estates or properties of religious purposes belonging to the Patriarchy were declared as property of the Patriarchy. This decree, from legally, could not concern the arguable church, as it had never been an Orthodox church and even its architecture proved that it was Catholic. Despite this fact, the church today belongs to Orthodox Church and the latter declines all requests to return the building back to the Catholics. There are two ex-Catholic churches in Samtskhe –Javakheti. They are in the villages of Ude and Ivlita. Now they are property of Orthodox Church. Catholic Church requests return of these churches to its former owner. Another subject of particular argument is “Saint Cross” church of the village of Ivlita, built by Catholics in 1292. It was the second in order Catholic Church built in Georgia. 155 of 204 inhabitants of Ivlita village are Catholics, 19 – Orthodox, and 30 – followers of Armenian Apostolic Church. At the beginning of 2002 about 200 inhabitants of Ivlita addressed Liberty Institute with a letter describing history of argument concerning the church. According to facts, described in the letter, in 1992 Orthodox Priest Ioane (Shota) Gelashvili plastered inscriptions on the wall of the church, proving its origin, with cement. After this the church was declared Orthodox and Catholics were not allowed in it. Population of the village sent a letter of protest to Eduard Shevardnadze, President of Georgia, Zurab Zhvania, Chairman of Parliament, Konstanin Kokoev, chairman of the Committee for Human Rights and National Minorities, but in vain. Catholics have not received any reply from above mentioned officials. Population did not want to let the priest into the church, but Ioane made them open the church door with the help of police. During this incident a 90 years old lady, Nino Chilingarashvili, was physically assaulted. Jiri Schimerowski, priest of Catholic Church in Valle village, usually held services and prayers in the village of Ivlita as well. He was threatened, that if he did not leave the village, he would be physically punished. During one of his services in the church someone attacked his car and broke its wind shield. Another reason of renewed confrontation between Catholics and Orthodox was Catholics attempt to build a church. In 2001 priest Jeri Shimerowski together with another Catholic priest Bernadidni Swiderski, working in the village of Arali, decided to build a church in Akhaltsikhe, on territory adjacent to a privatized half built block of flats. This fact was followed by protests from local, district and regional administrations as well as from local Bishop of Orthodox Church. Kakha Tsereteli, Gamgebeli of Akhaltsikhe district, Shota Naskidashvili, Chairman of Akhaltsikhe Town Sakrebulo, Anzor Tamarashvili, Member of Parliament and “New Rights” political party Akhaltsikhe representatives were most actively fighting against construction of the church. Moreover, in official correspondence Patriarchy uses even intonations of threat: “We once again address to administration of Catholics in Georgia and in Vatican with a request to cancel the question of arguable churches on their agenda, in order to maintain peaceful relations between Orthodox and Catholics in Georgia, as one of the best examples of relations between two Churches on the background of the processes taking place abroad. The issue, as you formulate it, will cause complications in our relations.” In this argue both local and central authorities take the side of Orthodox Church. More than that, authorities decline the request of Catholic Church to give them any plot for construction of a new church or at least – construction permit. Besides, authorities in this concrete situation violate provisions of General Administrative Code of Georgia. Both local authorities and the President of Georgia ignored request of Catholics of Georgia to issue an administrative act, in accordance to which the arguable church would have become property of Catholic Church. After this Catholics brought legal action in which they requested that the President issued a new administrative act. Following juridical consultations, given to Catholics by Liberty Institute, their law suit was partially amended by adding to it a requirement to invalidate “Decision of the Presidium of Council of Deputies of Kutaisi Workers, Peasants and Red Army Men” of June 29th, 1939. According to Article 22 of General Administrative Proceedings Code, law suit is admissible if administrative or legislative act or its part directly damages legal right or interest of a plaintiff and unlawfully restricts its rights. In 2002 raids on religious minorities were carried out as often as in previous years. On January 25th Basil Mkalavishvili and his supporters tried to attack TV “First Stereo”. Mkalavishvili demanded from TV authorities to stop broadcasting of “Evangelical Programme”. Long before this incident, Mkalavishvili systematically threatened (even publicly - on the air of TV Company Kavkasia) “First Stereo” with a raid. His threat obliged authorities of the TV Company to move the programme starting time so that less spectators could watch it. But Mkalavishvili was not satisfied by this change and demanded to cancel the whole programme. Patriarchy also advised (without threat) authorities of the “First Stereo” to stop abovementioned programme. On February 3rd, 2002 Basil Mkalavishvili and his group attacked a warehouse of the United Biblical Society, located in Vashlijvari, Tbilisi, where literature of the Biblical Society and Evangelical-Baptist Church of Georgia were kept. These books were Bibles and testaments published in Georgian, Armenian, Ossetian and other North Caucasian languages as well as Biblical Stories by Malkhaz Songulashvili, Bishop of Evangelical-Baptist Church, etc. Total cost of the destroyed literature exceeded 20 thousand laris. Law enforcement agencies did nothing to prevent this action, though 2 weeks earlier; they knew that Basil Mkalavishvili and his supporters were planning to do this. Other manifestations of religious extremism against traditional denominations were statements, made by Orthodox clergymen, protesting the Pope’s visit to Georgia. They stated that the Pope’s visit was more dangerous for Georgia than Jalal-Ed-Din’s invasion of 13th century. The Orthodox Church of Georgia insisted that John Paul II were not allowed to hold a mess under the open sky, and the Patriarchs Office spread a statement calling Orthodox believers not to participate in the mess supposed to take place in the Sports Palace. Many other representatives of Georgian Orthodox church share Extremist’s position and approve the facts of raids on religious minorities. For example, Athanase Chakhvashvili, Bishop of Rustavi, declared on TV Company Rustavi-2, that there is no place for reconciliation in Georgia, the only way of relation with representatives of different religions is the way of war. Later Bishop Athanase publicly apologized for his statement, though his speech, made on TV, is in correspondence with his other statements and actions. He appreciated Basil Mkalavishvili’s conduct; attended the trial, “Guram Sharadze v. Jehovah’s Witnesses,” and actively supported the Member of Parliament requiring from the court cancellation of registration of Jehovah’s Witnesses. In early 2002 Archbishop of Sagarejo-Gurjaani, Vakhtang (Akhvlediani), appeared on Georgian TV I Channel and required to ban protestant churches. 5. Freedom to manifest religion or belief Everyone has the right . . . to manifest his religion or belief in teaching, practice, worship and observance. [8] Basil Mkalavishvili, defrocked Orthodox priest, called “Proto-presbyter of Gldani Orthodox Eparchy has been in the vanguard of religious extremism for the last five years. From the very start he was in sharp opposition with the Patriarchy and his speeches were full of anti-state slogans. At that time supporters of the ex-President, Zviad Gamsakhurdia, were his closest supporters. Police often brutally dispersed their meetings of political character, organized by Basil Mkalavishvili and his supporters. But authorities never prevented their autos-da-fes and annihilation of the literature, which, to Mkalavishvili’s opinion, bore heretical ideas. It should be pointed out, that in this Basil Mkalavishvili and the Georgian Patriarchy were accomplices: the Patriarchy was not less categorical in his wish to ban the literature, often publicly burnt by Basil Mkalavishvili. Most of them were text books for schools, such as: “History of Religion” by Nugzar Papuashvili and “Religion and Culture” by Revaz Tvaradze. One of the victories of religious extremism of 1999 was successfully ended series of crowded meetings, held before parliamentary elections and aiming at failure of the exhibition (supposed to take place in the United States) of the pieces of art kept at the museums of Georgia. Part of the politicians, headed by parliamentarian Guram Sharadze, one of the most active initiators of the action, together with representatives of Georgian Orthodox Church, part of intelligentsia and students, required cancellation of the exhibition. According to them 1. Georgian pieces of art would have been “stolen” and replaced with copies; 2. Government of United States would have kept them in exchange for Georgia’s debts to their state; 3. Departure of the treasures belonging to the Church from the country would have caused “benediction drain”; 4. Long term transportation would have destroyed the pieces of art. Authorities, without any argumentation, took decision to cancel already organized and agreed exhibition and declined the initiative. 1999 was marked by extremely increased number of attacks and attackers. For example, on August 28th, 1999 Basil Mkalavishvili’s congregation attacked one of the protestant churches in Nadzaladevi district, Tbilisi, where Pentecostals were holding their meeting. Policemen came to the place, but refused to interfere. One of the victims of the attack - Pati Tabagari, was seriously injured. Her left eye, despite intensive medical treatment provided to her, will not get any better for the rest of her life. In 2000 quantity of the raids and degree of their severity were drastically increased. Consequently, impunity resulted in growth of Basil Mkalavishvili’s influence in a certain part of the society and increase of his supporters’ number. According to information spread by Jehovah’s Witnesses in 2000, religious extremists 38 times attacked Jehovah’s Witnesses. In most of the raids, carried out by Mkalavishvili’s supporters, policemen either did not interfere or acted as participants of the attack and took the extremists’ side. On 28 June of 2000 religious extremists set fire to a warehouse in Varketili settlement, Tbilisi, where Jehovah’s Witnesses kept their literature. The warehouse and 6 tons of literature were burnt to ashes. Lives of the family members, sleeping in the house next to the warehouse, were seriously jeopardized. According to Badri Kopaliani, Chairman of the Denomination of Jehovah’s Witnesses, representatives of police and security services periodically visited the site and questioned Jehovah’s Witnesses long before that incident. On 2 July, 2000, Mkalavishvili’s followers beat Lado Kokosadze, Jehovah’s Witness, in Gldani, but police did not take any measures at that stage. On 3 September 2000 one of the meetings of Jehovah’s Witnesses was attacked in Senaki. The attackers burnt the chairman’s forehead with a lit cigarette and beat him, broke furniture in the room. One of the attackers even took out a weapon. Scared people escaped through the window. One of them, a seventy years old lady, was seriously injured and became bed-ridden. On March 14th, 2001 five unidentified persons attacked the church of Evangelical Christian Baptists. Attackers bound guards with cello-tapes; cut out locks from fire proof safes and took away 34440 DM, 5423 USD together with some other valuable things. On April 29th, 2 001, in Mukhiani, Tbilisi, attackers broke Nugzar Butkhuzi’s (Jehovah’s Witness) apartment door, burnt religious literature and broke windows. On May 20th group of 30 supporters of Mkalavishvili attacked about 60 people gathered for prayers in a private apartment. Among victims were a pregnant woman and a seventeen-year-old boy. The latter got concussion of the brain and was taken to the hospital. Some time later Jehovah’s Witnesses informed police about the raid. Police several minutes later came to the place, arrested five attackers and took them to the police station, but released them half an hour later and asked nine witnesses to write an explanatory note. No one has been punished for this fact. On June 17th in Ortachala, one of the districts of Tbilisi, group of extremists (60 people) attacked 86 participants of meeting of Jehovah’s Witnesses. Attacker beat participants, from which some were heavily injured. Extremists brought out furniture, private things and religious literature into the street and burnt them there. According to Jehovah’s Witnesses, they informed police again and several officers came, but they did not even try to stop attackers. They did not question victims either. In the same year Tbilisi Municipality, without any clear motivation, refused to lease stadiums to Jehovah’s Witnesses. It should be also mentioned, that in December of 2001 Basil Mkalavishvili spread a statement (implying threat) concerning people intending to lease halls to the “sectarians”. This happened on December 23rd, of 2001, after Basil Mkalavishvili and his supporters’ attacked a meeting of one of the protestant denominations – “Christian Church of Evangelical Belief – Word of Life”. If earlier raids took place in the suburbs of the city, on December 23rd it happened in the center, in the hall located under the Republic Square, where about two hundred followers of “Christian Church of Evangelical Belief” were carrying out their religious service. At about 12:30 pm 60 supporters of Mkalavishvili broke into the hall and started to beat those gathered with planks and chairs; broke a projector and other belongings; took away Yamaha and participants’ bags; turned their pockets inside out; took away several people’s passports and other documents; destroyed the Bibles and other literature. The raid lasted for 10-15 minutes. One of the members of the congregation, Andy Mamatelashvili, got concussion of the brain and ambulance provided him with medical assistance. Extremists beat one of the believers, Kakha Chkhaidze, so unmercifully that he fainted. They also beat Badri Makarashvili and many others, who were seriously injured, but law enforcement agencies, as usual, left this fact without any reaction. According to one of the deans of the church, Kakha Dzebisashvili, a district police officer advised them to give up the idea of undergoing examination by experts, as to his mind, “light injuries like theirs was not worth doing so”. More than that, Dzebisashvili said that doctors of Tbilisi Clinical Hospital No 1 refused to examine victims after they learnt that they were members (“sectarians”) of a different religious denomination. Basil Mkalavishvili himself and Gldani Eparchy Press Centre spread a statement or rather a threat after that raid: “We are warning owners of public halls not to lease space of their building to those who propagate against our homeland and Orthodoxy.” It should be mentioned that action of the City Municipality and Basil Mkalavishvili’s call of threat suspiciously coincided on the matter of refusing to lease halls to religious minorities. On September 23rd, Mkalavishvili and his congregation attacked meeting of the Evangelical Church “Madli” in Gldani. According to Pastor Zaal Tkeshelashvili and other witnesses, extremists broke into the church during the prayer and beat people (including women and children) with clubs, kicked them, pulled them by the hair and threw to the ground. The raid lasted for more than 20 minutes. Twelve people were injured. Police, which is located in three minutes’ way from the site, came to the place when the conflict was over, though it had been informed as soon as the raid started. After the raid police refused victims to give them permission to undergo an examination. Only after Liberty Institute’s interference it agreed to issue a relevant permit. After experts confirmed existence of injuries, the case was sent to City Prosecutor’s Office and added to the collection of Basil Mkalavishvili’s other well known cases. The year of 2001 was marked by series of raids throughout the whole of the Georgia. Basil Mkalavishvili and his supporters were more active in Tbilisi, but the circle of attackers outside Tbilisi was larger. On March 6th, of 2001 a mob of 150 people attacked Jehovah’s Witnesses. They broke into two houses, one of which was a place of Jehovah’s Witnesses’ meetings. They broke household belongings of the owner and burnt religious literature. According to the statements made by victims local clergymen warned them on the 5th, previous day, not to hold meetings, otherwise they would be attacked. According to Jehovah’s Witnesses, at this particular raid extremists were lead by an Orthodox priest, giving instructions to attackers. On April 7th, 2001 Jehovah’s Witnesses were attacked in Rustavi. A group of about twenty people, headed by Paata Bluashvili, leader of “Jvari” organization, broke into the meeting of Jehovah’s Witnesses. “Jvari” members beat those present, broke furniture, took away their religious literature and publicly burnt it. After this raid Jehovah’s Witnesses went to Rustavi Police Station No 1, where they were told that, Jehovah’s Witnesses had breached order themselves having gathered in a private house. On April 29th of the same year Jehovah’s Witnesses Rustavi were dispersed by the persons living next door. They assaulted believers, took away their literature, personal things and bags and burnt them in the yard. Police was informed about this fact, but no investigation has ever been held. On April 21st in 150 km from Tbilisi, in the village of Dviri, Borjomi district, a group of 15 people met Jehovah’s Witnesses returning from their meeting. They beat believers and took away their religious literature. The village Gamgebeli witnessed this violation, but all he did was that he blamed Jehovah’s Witnesses for holding a meeting. On June 8th, the same day, meeting of Evangelical Christians Church (Word of Life), with 12 foreign guests attending, was attacked on Gamsakhurdia Street, Zugdidi. According to members of church, Levan Berishvili and Gela Malichava, attackers were backed by both representatives of Orthodox Church and members of local administration, namely, Zurab Gokhia, member of Zugdidi Sakrebulo - one of the leading persons of “Zugdidenergo”. Attackers took away Evangelical Christians’ documents concerning humanitarian assistance. The Word of Life had been functioning in Zugdidi for three years. It had about 70 members. The incident of June 8th was the first occasion of violation against members of this Church. According to the Church members, some time before the raid Beso Gabisonia, representative of Orthodox Church, required from them to stop service. Representatives of Word of Life called Zugdidi police for assistance, but it did not take any security measures to protect the congregation. After this raid Murtaz Chanturia, Orthodox priest, stated on local TV Company “Odishi” that Evangelical Christians exchanged their faith for humanitarian assistance. Two days earlier before the raid, on the same TV Murtaz Chanturia stated that he would not admit existence of other religions, even at the cost of his life. On June 13th representatives of Word of Life approached to Liberty Institute for assistance. Basil Mkalavishvili learnt about this and together with his congregation went to the Liberty Institute. Mkalavishvili threatened, that if Liberty Institute did not leave him and police alone, he would take “drastic measures” against this non-governmental organization. On July 9th, 2001 Basil Mkalavishvili approached the place where Jehovah’s Witnesses were gathered in the village Ortasheni of Gori district. He threatened and required from them to stop the meeting. At that time, according to the court’s decision, Basil Mkalavishvili had provided a written undertaking not to leave Tbilisi. Authorities once more ignored the court’s decision. On August 12th, in the afternoon, a mob of extremists broke the door of Jimsher Gogelishvili’s apartment in Rustavi, where Jehovah’s Witnesses were holding one of their meetings. The mob of about fifteen people, headed by Paata Bluashvili and Mamuka Chubabria, took away literature and belongings of Witnesses, majority of which were women and children. According to the witnesses attackers beat Jehovah’s Witnesses with wooden clubs and iron pipes. Seven of the victims of the raid were provided with medical assistance. The mob broke chairs, electronic facilities, furniture and burnt literature in the street. Some of the victims informed police station located nearby, but police categorically refused to interfere. Despite the fact that the names of the attackers are well known to Rustavi police, the latter has not detained any of them. On September 28th about one hundred members of “Jvari” Association of Rustavi and Mkalavishvili’s congregation attacked Jehovah’s Witnesses going to their traditional meeting in Marneuli. Most of the extremists were camouflaged. Jehovah’s Witnesses informed authorities about possible raid and received guarantee from police that it would take proper measures in order to protect freedom of their meeting. Police did attend the raid, but, according to Jehovah’s Witnesses, policemen stepped aside and watched how the group of extremists stopped buses with delegates, forced men, women and children to get off, beat them and pricked them with sticks. This was clearly shown on TV as well. Forty people were injured; twelve of them - seriously. Policemen watched how the extremists’ group first robbed and then set to fire the building, in which the meeting was supposed to take place. They also saw how attackers took away Jehovah’s Witnesses’ video camera and cassette. Mkalavishvili himself, interviewed by journalists, proudly confessed that Jehovah’s Witnesses’ headquarter in Marneuli was totally destroyed. On May 4, 2003 a mob stopped the Jehovah’s witnesses holding a congress in the village of Ortasheni near Gori, Genadi Gudadze, the Jehovah's Witness leader in Georgia, told Forum 18 News Service. The mayor of Gori and the police chief warned them not to hold the congress. "It is not some bandit taking action against us but the state” he said. As observers point out, the 'mainstream' religious minorities - like the Baptists, the Catholics and the Lutherans - have seen some improvement, but the others - including the non-Patriarchate Orthodox, the Jehovah's Witnesses and Hare Krishna followers - have seen nothing change. Demonstrators reportedly organized by Orthodox priest Fr David blockaded a Pentecostal church in the capital Tbilisi for seven hours on 15 June, preventing believers from attending a special Pentecost service. On May 23 2003 Local police chief Temur Anjaparidze said he would not allow Pentecostal pastor Nikolai Kalutsky to use his home in Tbilisi as a church. "It's not fair on the neighbors," he told Forum 18 News Service on 23 June. "The neighbors won't allow this. What can I do?" His comments came the day after the Pentecostal church was again blockaded by neighbors and self-appointed Orthodox vigilantes, who also made racist remarks to the ethnic Russian pastor. Fr David Isakadze, priest in the nearby village of Dighomi suspected of being behind the repeated mob blockades, denied any involvement. "I have no role in this whatsoever," he told Forum 18, despite appearing to be well-informed about the protests. On June 16 2003, a mob allegedly led by the local Orthodox priest burnt down the Baptist church in Akhalsopeli in eastern Georgia, the building was wrecked by fire in the early hours of 15 June. "The walls survived the fire, but the interior has been reduced to ashes," Emil Adelkhanov of the Centre for Peace, Democracy and Development told Forum 18 News Service. "We're certain our priests were not involved," Metropolitan Daniil Datuashvili of the Orthodox Patriarchate told Forum 18. "Such attacks were always carried out in the past by schismatic who broke away from the Patriarchate. Adelkhanov ridiculed such claims. "There have constantly been incidents of violence when Patriarchate priests were involved." Metropolitan Daniil Datuashvili of the Georgian Orthodox Patriarchate said he was not aware of the two latest incidents, but condemned all religious violence. The right to worship was again violated on July 13, 2003 when self-appointed vigilantes blockaded a home in the capital Tbilisi to prevent a Russian-language Pentecostal church from meeting for the sixth Sunday in a row. "You Russians clear off back to Russia and do whatever you like there!" and "Sectarians, clear off out of Georgia!", Pastor Nikolai Kalutsky - a Georgian citizen - quoted the demonstrators as telling him. Georgia's ombudsman failed to support the church. "Services in the house were noisy - they sing loud hymns - she said. Police, always informed about violations, was present at the raids, but did not either interfere in the conflict or hinder extremist religious groupings. Sometimes it even participated in attacks The year of 1999 started with “sweetening” of relations between Basil Mkalavishvili and Georgian police, on one hand, and an open participation of police in persecution and restrictions carried out against religious minorities, on the other hand. On 29 May 1999 Gldani District Police of Tbilisi attacked the event organized by Evangelical Church “Madli”, held in the same district. Policemen unmercifully beat members of the Church, including women. They broke Evangelists “Yamaha”, megaphone etc. The victims could not dear to inform Prosecutor’s Office about this in order to require institution of proceedings against perpetrators. They were afraid of another raid. It was police, who violated their constitutional right to assemble and express their belief and caused economic and moral damage to them. On 14 August 2000 policemen of Tianeti hampered service in Baptist church and took their inventory, including religious literature, away. The Head of the Police Station, Diuri Gigauri, broke pulpit standing in the church, threw away a cross, took chairs and books of the church to the police station. He also threatened Otar Kalatozishvili, a priest of the church. He told the latter that he would arrest the priest dared he hold religious services again. Later Gigauri denied the fact of the raid and said that he took away the books to keep them. Several weeks later, on 9 September, Diuri Gigauri threatened Baptists and told them that Tianeti population was going to attack them and if they did not stop functioning, police would not protect them. In this particular case neither population, nor representatives of local Orthodox Church showed any sign of aggression towards Baptists. On the contrary, a priest of an orthodox church in Tianeti expressed his deep regret for what had happened and stated that such actions were inadmissible. As it turned out later, the idea - to organize the above mentioned raid on Baptists - was prompted to the Head of the Police Station by Irma Japaridze, one of the employees of the I Channel, Georgian State TV. On 3 September 2000 two workers of Kutaisi Traffic Police beat Vladimer Gabunia, Jehovah’s Witness. They tore his religious journals, took his two bibles away, threatened to throw him into the river Rioni and forbade him to walk in the streets. On 8 September police did not allow two buses to pass through. Two buses were going to Zugdidi Congress, police made Jehovah’s Witnesses to return home. Policemen’s actions were extremely brutal: they used their rubber clubs to drive out representatives of the congress; they exploded several missiles over their heads, burnt down the stage, broke furniture, and took away their private things. This action was planned by the state. According to Jehovah’s Witnesses Mayor of Zugdidi and representatives of police threatened them long beforehand that authorities would not let Jehovah’s Witnesses hold their Congress. Two years passed after that armed raid, but the court never appointed any date of hearing of the case. On 16 September 2000 police made 19 buses of Jehovah’s Witnesses going to Marneuli to return back. Police did not stop mob of oppressors gathered to attack participants of the Congress. Attackers forced Jehovah’s Witnesses to get off the buses and unmercifully beat them; the mob did not leave anything from the initial place of meeting. There are more than one hundred evidences and video material proving participation of police in the raid. Despite these materials hearing of the case has been delayed for a year and a half. On 11 September 2000 at a meeting held in Ombudsman’s Office one of the representatives of the Ministry of Internal Affairs openly stated that the state not only supports raids on religious minorities, but also participates in restriction of freedom of denomination. Levan Khozrevanidze, Deputy Head of the Chief Department for Public Order of the Ministry of Internal Affairs, invited to the meeting, blamed Jehovah’s Witnesses for breach of Constitution. He said that Jehovah’s Witnesses violate Article 26 of the Constitution, in particular, facilitated to manifestation of hostilities among population and contributed to confrontation between different regions, although he did not bring any argument for his words. Levan Khozrevanidze stated that police will not protect rights of religious minorities until adoption of law on religion. Khozrevanidze addressed to representatives of religious minorities attending the meeting with the following words: “When law is adopted, we shall equally approach every religion. When we have law adopted, we shall follow it. If you have right to meet, we shall let you do so and even protect you from any attackers or raids”. Elene Tevdoradze, Chairperson of the Committee for Human Rights Protection, Parliament of Georgia, spread very interesting information on alliance existing between police and religious extremists. She said that in 2001 Jehovah’s Witnesses informed her about where and when they were going to hold their meeting and asked her to facilitate their security. Elene Tevdoradze passed on the information to Soso Alavidze, who, from his side, forwarded it to Basil Mkalavishvili “for further actions”. One of the indirect proofs of Basil Mkalavishvili’s alliance with the Ministry of Internal Affairs is that in June 2001 Basil Mkalavishvili nearly at the same time with the Minister of Internal Affairs and 6 high officials of the Ministry brought in an action against the Rezonansi newspaper. On 4th of March, 2001 at 10:30 am, about 3000 Jehovah’s Witnesses gathered in the yard of one of the private estates of Isani district, Tbilisi. At about 15:00 pm a group of about twenty people headed by Basil Mkalavishvili invaded the yard and physical assaulted those present. According to the participants of the meeting about 20 policemen came, but instead of stopping the raid, they helped Basil Mkalavishivli and his supporters to open the door and let the attackers into the yard. Before the raid, at about 1500, Jehovah’s Witnesses were informed by a telephone call saying that Basil Mkalavishvili and his mob were going to attack the meeting. This information was immediately passed on to police together with a request to help, but the request of Jehovah’s Witnesses was ignored. The raid lasted for approximately half an hour. Mkalavishvili’s supporters beat Jehovah’s Witnesses with clubs, large crosses and Bibles. Investigator from Prosecutor’s Office, instead of asking the owner of the house about the details of the attack, stated to Rudolf Mikirtumov, that his neighbors had complained about noise reaching them during the meeting from his house. The investigator did not enquire the fact that the gate had been opened to Mkalavishvili’s supporters by policemen, as this information was not important for investigation. Participation of Authorities in such raids can be proved by the raid of April 30th, 2001, when attackers armed with clubs (with nails fixed in them) assaulted participants of the meeting of Jehovah’s Witnesses in Svanetisubani, Tbilisi. They broke furniture, electronic facilities, beat those present and burnt religious literature. The attack resulted in three victims (needing medical assistance) with heavy injuries. Tamaz Nachkebia was among them. He had numerous bodily injuries, including a wound on his head requiring stitches. According to the witnesses, Zviad Dzadzamia, as soon as the raid started one of the participants of the meeting called police. A person at the other end of the telephone told the Witness: “It serves you! Why did you gather at all?” Victims stated that police officers came to the site, but went away without any explanation of their conduct. Half an hour later another police car came to the place. Attackers had already left and policemen asked victims to write letters of explanation. According to information spread by Jehovah’s Witnesses one of the persons having witnessed the raid was Jemal Gamakharaia, Member of Parliament, and Aghordzineba (Revival) Faction. To Dzadzamia’s question – how he estimated the fact of the given violation – he answered: “You deserve this, worse is yet to come!” On August 15th Nukri Makharashvili, policeman, stopped in the street Zaur Kvaratskhelia, internally displaced person from Abkhazia, near the 2nd Division of the Department of Internal Affairs. The policeman asked Kvaratskhelia to produce his ID. According to Kvaratskhelia’s written testimony, the policeman ordered him to open his bag and take out every single thing from it. Makharashvili gave these things, including Bible, to two clergymen from Spiritual Seminary. One of the persons’ names was David. Kvaratskhelia, who wrote the following in his testimony: “Nukri Makharashvili verbally assaulted, threatened and said that I did not dare to walk in that street.” According to Kvaratskhelia, he tried to return back his personal religious literature on the following day. For this he was publicly assaulted both verbally and physically. 6. Freedom to disseminate religious publications [9] Purposeful persecution of non-Orthodox confessions from government included restriction of dissemination of the religious publications. For example, in 1998 following Soso Alavidze’s (Head of Tbilisi Police) instructions police illegally “arrested“ literature belonging to Jehovah’s Witnesses. When the fact became widely known, Soso Alavidze confessed that he had violated the law, and as an excuse he added, that his conduct had been stipulated by his “love towards Orthodoxy”. After this fact, detention of literature of Jehovah’s Witnesses became a general trend. For example, on April 26th, 1999, six tons of literature, belonging to Jehovah’s Witnesses, was detained at Vale customs. In 2001 direct interference of authorities in restriction of religious minorities became more intensive. For example, on May 14th, 2001 Customs Department unlawfully arrested twenty tons of literature for more than two months. The literature was returned to its owner only after the court’s decision. 7. Forced Religious Conversion On June 8th, 2001 a group of 20 people, encouraged by Orthodox priests Gocha Tsaava and Giorgi Basilaia, humiliated Jehovah’s Witnesses going to the meeting and forbade them to hold it. According the witnesses attackers beat a woman with a stick and slapped another lady in the face. The priests forced a woman to kiss their cross. Jehovah’s Witnesses informed about this head of local police. The latter told them that following the Decision of February 22nd, taken by Supreme Court, Jehovah’s Witnesses had no right to gather and carry out their activities. During the following weeks, when Jehovah’s Witnesses tried to convince the head of police that cancellation of registration did not mean that they were not allowed to gather, clergymen threatened them saying that if they would gather again “Basil’s methods” would be applied on them. After this fact Patriarchy Gazette (June 30th) published an interview with the abbot of the Virgin Monastery of Martvili, Gocah Tsaava. He denied the fact of the raid and accused Jehovah’s Witnesses for giving false information to press and for restriction of local Orthodox. Despite this deny he considered the local population’s wish to be fair enough - not to let “sectarians” gather in the house, which is on the way to the church: “This way is leading to the church and population cannot but use it. In future, probably, we shall flatly object to their free action at schools as well as to illegal spread of their sectarian literature, also illegally used by them.” 8. Pressure on Media and Non-governmental sector On 25 September 2000 Basil Mkalavishvili and his congregation came to the “Rezonansi” newspaper office to attack it. After incoherent threats and anathema they welded the iron door of the building. On April 2003, group of self-appointed vigilantes destroyed antenna of the Kutaisi-based radio “Dzveli Kalaki” which had been broadcasting Catholic programs. Although no direct link was found, it is believed that those broadcasts caused irritation of the local Orthodox bishop. On July 10 2002 a gang of men stormed the Liberty Institute’s Tbilisi office on July 10, beating staff and destroying equipment. During the five-minute rampage, the attackers seemed to know the layout of the offices, worked with surprising efficiency, responding to short commands. They worse no masks and had no getaway car - even though the justice ministry is on the same block - and walked briskly away and blended with mid-afternoon pedestrian traffic. The identities and affiliation of the attackers remain unknown. Some observers suspect the raid to be the work of ultra-nationalists thugs. Others, including Liberty Institute staffers, have suggested that government agents were involved in the attack. Tbilisi Prosecutor Tengiz Makharadze on July 15 denied any link to law-enforcement officials in the incident, and vowed to bring the attackers to justice. Meanwhile, President Eduard Shevardnadze deplored the attack. Many observers have drawn a parallel between the Liberty Institute incident and the October 2001 attack against the Rustavi-2 independent television station. Both entities have worked to expose instances of high-level government corruption. The Rustavi-2 raid, for example, followed a series of investigative reports about corruption in the state security apparatus. The Rustavi-2 incident and subsequent protests caused Shevardnadze to reshuffle his cabinet. In the weeks leading up to the attack, the Liberty Institute had engaged in rhetorical clashes with right-wing forces over civil-liberty issues, particularly religious freedom. One of the institute’s main antagonists has been Guram Sharadze, a ultra-nationalist politician, noted for his efforts to introduce ethnicity listing in national identification cards, and his campaign against non-traditional religious groups, such as the Jehovah’s Witness. The Liberty Institute, which receives funding from USAID and the Soros Foundation-Georgia, has been vocal advocate of tolerance. During a televised debate, the Liberty Institute’s Ramishvili characterized Sharadze as a "fascist." Sharadze demanded Parliament take action against Ramishvili but was rebuffed, leading Sharadze to resign in protest. On July 8, hundreds of Sharadze’s supporters rallied in downtown Tbilisi. Speakers at the event vilified the Liberty Institute, and Sharadze was quoted saying: "I am going to achieve in the streets whatever I could not achieve in parliament, and I do not mean just demonstrations only." Later about 200 demonstrators pelted the institute’s building with eggs while chanting: "final warning." Institute staffers believe the object of the raid was to serve as a warning to the institute to drop its activities. Section V. Societal Attitudes Public mood was clearly demonstrated at the meeting on adoption of a law on religion, held in 1997 at Tbilisi State University. Professors of the University, members of Parliament and representatives of Georgian Orthodox Church unanimously demanded declaration of Orthodoxy as state religion and restriction of non-Orthodox confessions. Guram Adamashvili, Member of Parliament, demanded that the Ministry of the State Security should research activities of the sects in order to prevent religious division of the society. This was not a demonstration of a particular Parliamentarian’s opinion. It was the policy carried out by the state since 1997. Negative disposition of the society towards freedom of conscience is stipulated by a number of aspects, the most important of which is, that a certain part of the society identifies Orthodoxy with “national ideology”, whilst other religious denominations are considered as dangerous for the state and national integrity of Georgia. Consequently, requirements of this part of the society may be formulated as follows: 1. Georgia should be an Orthodox country and Orthodoxy should be declared state ideology; 2. The state should pursue protectionist policy towards Orthodox Church thus ensuring its privileged status; 3. Orthodox Church should become the second (after the state) biggest proprietor; 4. Educational system should be based on Orthodoxy; 5. Any actions, campaigns or propaganda against Orthodoxy should be prohibited by law. The state policy, in fact, is aimed at realization of the above stated requirements. This can be observed in both genuine policy, carried out by the state and legislative initiatives originally coming from the state. Were not the state policy instigating to religious intolerance and extremism, aggressive disposition of the society would have been easily slackened. This is well demonstrated by signatures collected in January, 2001. Within a very short period of time 133 375 citizens, whose majority was Orthodox, signed the Address to the President with a request to stop brutal attacks carried out by religious extremists. Representatives of Orthodox Church, including its highest hierarchy, as well as clergymen suspended from church, politicians, government representatives and a certain part of intelligentsia still actively advocate for establishment of ideology of religious intolerance. The argument, to which propagandists of religious incompatibility stick to, is that representatives of non-traditional religions take advantage of economic difficulties existing in Georgia and try to “buy” or “entice” members of Orthodox congregation, promising them financial assistance; and, also, the fact, that spread of non-traditional denominations will cause division and decomposition of “Georgians”; all these would ruin integrity of the country and create danger to traditions and originality of Georgians. One of the most glaring examples of how non-traditional religions hinder the country’s power is that Jehovah’s Witnesses’ refuse to serve in the army.