"Virulent" homophobic attacks put South Caucasus activists at risk

Armenia, Georgia and Azerbaijan must do more to protect lesbian, gay, bisexual, transgender and intersex (LGBTI) people, Amnesty International said after a spate of attacks on activists.

Instead of condemning a firebomb attack on a gay-friendly bar in downtown Yerevan, Armenia’s capital, last week, some public officials went on the record making homophobic remarks and condoning violence against LGBTI people.

Meanwhile, on Thursday in neighbouring Georgia, police in the capital Tbilisi did little to prevent an Orthodox Christian group from obstructing a peaceful march by an LGBTI organization to mark the International Day against Homophobia.

“The virulent nature of these recent attacks shows the need for a public dialogue to tackle homophobia throughout the South Caucasus to protect LGBTI people from discrimination,” said John Dalhuisen, Europe and Central Asia Programme Director at Amnesty International.

Yerevan firebomb

On 8 May, self-described “fascists” were caught on tape by a security camera as they threw Molotov cocktails through the windows of a gay-friendly bar in downtown Yerevan.

Police reportedly arrived at the scene 12 hours later to investigate the arson attack.

Two young men were arrested as part of the investigation, but were bailed shortly afterwards by two opposition parliamentarians from the nationalist Armenian Revolutionary Federation - Dashnaktsutyun party (ARF), who condoned the attack, saying it was in line with "the context of societal and national ideology”.

ARF leaders have distanced themselves from the bailout, saying that the parliamentarians acted in their personal capacity, but they have fallen short of publicly calling on their colleagues to apologize for supporting the alleged hate crime.

Eduard Sharmazanov, spokesperson for Armenia’s ruling Republican Party and Parliament Vice Speaker told Hayots Ashkharh newspaper Thursday that, “As an Armenian citizen and member of [the ruling] national-conservative party, I find the rebellion of the two young Armenian people against the homosexuals … completely right and justified…Those human rights defenders, who are trying to earn cheap dividends from this incident, I urge them first and foremost to protect the national and universal values.”

Amnesty International believes this type of official discourse is dangerous, fuels discrimination and undermines the role of human rights defenders.

“The official response to the firebombing in Yerevan is utterly shocking – protecting the human rights of LGBTI people is not a concession, but an obligation under international law that Armenia is a party to,” said Dalhuisen.

Homophobia and Transphobia in Tbilisi

On Thursday, a peaceful march in central Tbilisi marking the International Day against Homophobia and Transphobia came under attack when a group of Orthodox Christians and members of the “Orthodox Parents’ Union” began insulting and threatening protesters from IDENTOBA, a Georgian LGBTI rights organization.

Orthodox priests were among the counter-demonstrators, who prevented the marchers from continuing to the Georgian Parliament, shouting abuse and throwing punches at the peaceful protesters. Fighting reportedly broke out as the counter-demonstrators attacked marchers, tearing up placards.

A video of the incident shows police intervening once a scuffle broke out between the two groups. Five people were detained – including three of the IDENTOBA protesters – and were released shortly afterwards.

“A hallmark of a tolerant society is allowing peaceful protests to proceed and stopping discrimination in its tracks,” said Dalhuisen.

Public authorities must respect the freedom of expression of all groups without discrimination. This extends to protecting peaceful demonstrators from violent attacks.

“Police in Tbilisi failed to prevent homophobic and transphobic violence from marring the International Day against Homophobia march – they must now investigate what went wrong and implement measures to improve their policing of peaceful demonstrations in future,” Dalhuisen added.

Concerns in Baku ahead of Eurovision

LGBTI groups in the neighbouring South Caucasus country of Azerbaijan have also raised concerns about the safety of LGBTI participants in the upcoming Eurovision song contest, which will take place in the capital Baku from 22-26 May.

Azerbaijan decriminalized same-sex relations in 2001, but has so far failed to enact laws that specifically ban discrimination based on sexual orientation and gender identity and provide effective protection to LGBTI people. Homophobia and transphobia remain rife and little progress has been made to change public attitudes and the discriminatory practices against LGBTI people.

GYLA’s Statement on Illegal Actions against Inclusive Foundation

Georgian Young Lawyers’ Association (GYLA) condemns illegal actions of the Ministry of Interior Affairs’ (MIA) officers against Inclusive Foundations and calls for immediate response to campaigns waged against NGOs recently. According to the December 23 press release of Inclusive Foundation, on December 15, 2009, at 7:00 pm the organization was raided by the police, who did not wear police uniforms and did not provide a search warrant at the request of the organization members. The also refused to reveal their identity. The police officers searched thirteen individuals present at the office, while making degrading, humiliating, abusive and threatening remarks toward the organization members. Paata Sabelashvili, the leader of the organization was arrested and charged with drug possession.

GYLA is representing the defendant.

GYLA is the first to evaluate the noted incident. We emphasize following violations of law:

• Those present at the office were searched without a warrant. Their cell phones were seized, although it is unclear whether substantial evidence existed that they were hiding an item to be found;

• Police officers searched individuals that arrived at the office later without a search warrant, although it was impossible for them to hide the item to be found, as they were not present when police officers started searching;

• Personal search reports were not drawn up and the office search report was not handed;

• Regulations of law were violated during the search and seizure at the foundation; more specifically: packages seized were not bagged and sealed on spot. As the defendant declares, all three packages were placed in a black plastic bag, rolled over and kept that way (one of the police officers put it in his pocket). The defendant signed the seal later at the police station. It shall also be noted that all items and documents found during the search shall be first presented to officers engaged in the investigative activity, their detailed description shall be recorded in the report and bagged and sealed when possible. Apart from the seal, the bagged item shall be displaying date and signatures of those officers who participated in the investigative activity. An item or a document obtained as a result of an unlawful search, through violating noted regulation loses or does not acquire the meaning of evidence and is inadmissible in trials to substantiate the accusation or the verdict of guilty.

• Under the law, officers performing the search shall “avoid damaging lock, door or any other item and disturbing an order at an apartment or any other premises to be searched as much as possible”. During the search of the Inclusive Foundation office unnecessary damage of items occurred on part of searching officers. LGBT posters were torn down. Noted actions could have never been relevant to purpose of the search to find and seize the evidence of an offence or and item obtained illegally. Under Para 2 of Article 4 of the Law on Police of Georgia, discrimination is forbidden, while Article 3.3. of the Police Code of Ethics of Ethics specifies that “policeman shall fulfill imposed duties justly, impartially and shall ensure equality of every citizen before law, regardless of race, sex, language, religion, political or other opinions, national, ethnic and social belonging, origin, education, property and title, place of residence or any other personal condition”. Under the “10 Basic Human Rights Principles” of the organization Amnesty International, law enforcement officers shall provide particular care and attention to such vulnerable groups as minorities while fulfilling their duties. Apart from the above mentioned procedural violations, we consider that abasement of dignity of sexual minorities by MIA officers during fulfillment of their duties, as well as the use of uncensored vocabulary, threats made against foundation members, use of homophobic expressions intended to intimidate them, is directed against ethical norms and is discrediting MIA at the same time. Under the Disciplinary Regulations of MIA and the Police Code of Ethics, noted circumstances provide basis for MIA officers’ legal liability. GYLA calls on MIA’s General Inspection and other relevant bodies to examine violations listed in the statement immediately and exercise legal liability measures against individuals concerned.

Georgian Young Lawyers’ Association

ILGA-Europe: Paata Sabelashvili is free, Georgian police still keeps under surveillance the Inclusive Foundation office and its staff

MEDIA RELEASE

26 December 2009

For immediate release

Paata Sabelashvili is free, Georgian police still keeps under surveillance the Inclusive Foundation office and its staff

Paata Sabelashvili, board member of ILGA-Europe’s Executive Board and a leader of the Inclusive Foundation in Georgia, has been released and is now recovering after nearly two weeks detention.

Nevertheless ILGA-Europe is concerned with the continuous surveillance of the Inclusive Foundation office by Georgian police, including tapping the telephone conversations of the Inclusive Foundations staff.

Linda Freimane, Co-Chair of ILGA-Europe’s Executive Board said:
“We are relieved and happy Paata is free and well. We want to thank all organisations and individuals across the world who supported Paata and campaigned for his release.”

Martin K.I. Christensen, Co-Chairs of ILGA-Europe’s Executive Boards, said:
“There are a few questions still to be answered by the Georgian authorities. We are concerned that the raid on the office of the Inclusive Foundation which took place on 15 December 2009 was disproportionate and humiliating. We are very concerned with the way the police forces treated the staff of the Inclusive Foundation and with the damage they cause to the office. The other worry is that Georgian police still monitors the office and that other leaders of the Inclusive Foundation, Tinatin Japaridze and Eka Agdgomelashvili, continue to be under police surveillance. We call on the Georgian authorities to immediately end intimidation and any surveillance of the Inclusive Foundation office and its staff.”

ILGA-Europe

Appeal: Georgian civil society organization "Inclusive" attacked

To the President of Georgia
To the Public Defender of Georgia
To the Diplomatic Services accredited in Georgia
To the representatives of International Organizations

On December 15 2009 at 7 pm the office of Inclusive Foundation, a well known Georgian LGBT organization, was raided by five armed men without uniform. The leaders of the organization together with about 15 community members of the ‘Women’s Club” were present in the office. They were ordered not to leave the room and were told that only their chief was of interest to them. The head of the organization, Paata Sabelashvili was taken to a separate room. Then the men made a telephone call and at about 8 pm an additional group of armed men came in. According to witnesses, they did not wear police uniforms (several of them put on jackets with the police inscription only in the office), they did not provide a search warrant, did not inform about their identity or agency they represented and did not explain the purpose of their intrusion.

Witnesses point out that several men reminded them that two witnesses had to be present during the search taking place in another room. Cell phones were confiscated, everyone was moved to a separate room where several men guarded them. Women were locked up in the room for several hours, they were not allowed to contact their families, they were humiliated by being called “perverts”, “sick persons”, Satanists. They were laughed at and several men told them that their photos would be taken and disseminated to reveal their sexual orientation. One of the unidentified men tore down a poster in the office. One of the leaders of the organization, Eka Agdgomelashvili, together with Tinatin Japaridze were threatened that they would be killed if they did not stop demanding search warrants and other official documents. Some of the armed men responded that “we will only show papers to those to whom we need to show them.”

Paata Sabelashvili, the leader of the organization, was arrested as a result of the raid. Soon after arrest he confessed to the possession of 8 grams of marijuana. However, because he made the confession before seeing his lawyer, without the presence of anyone except law enforcement officials, the validity and voluntary character of the confession is highly suspicious.

One of the armed men, distinct with homophobic statements and his aggressive behavior towards staff members, introduced himself as an Operative Officer of the Constitutional Security Department of the Ministry of Interior Giorgi Gegechkori. However, on the pretrial measure hearing of Paata Sabelashvili he appeared as Investigator David Khidesheli. Another man, who later turned out to be the head of the police division, threatened Eka Agdgomelashvili with killing if she immediately would not stop pointing out that they were violating the law. He shouted : “I will kill you!” “I will tear you into pieces!” After one of the staff members said that he was exceeding his powers, he shouted: “Sue me, I don’t give a damn”, “I am myself the Law and the Judge!”

Armed men searched through all bags of staff members in the office. Some of the bags were searched in another room when the owners were not present. Only after that they were returned to their owners. Two women officers forcibly took girls (often in pairs) to the bathroom, stripped them naked and searched them. The girls were humiliated and called “sick” in the process. There was no search protocol composed as a result of the search. Having finished the search, one of the women officers exclaimed that having seen these women, she began to hate women’s body.

Staff members of the organization are under continuous surveillance up till now. Their homes, movement in the city and office are under constant surveillance by cars full of men without uniform. One such car is permanently stationed outside the entrance to the house of one of the staff members.

The raid on the Inclusive Foundation represents a logical continuation of the policy of repression of non-governmental organizations conducted by the Georgian government. It aims at marginalizing, intimidating and discrediting human rights defenders in Georgia. One should have in mind the recent attacks on Georgian civic organizations: public broadcaster of Georgia recently aired a coverage about the alleged attempts of extortion by the members of NGO ‘Human Rights Priority’; Rustavi 2 publicized a defamatory news report about applications submitted by the Georgian Young Lawyers Association to the European Court of Human Rights; Officers of the Ministry of Interior threatened and attempted an extortion from the journalist of newspaper “Batumelebi”. Officers publicly implicated in the incident have not yet been punished despite the assurances by the Ministry of Interior.

We are concerned that particular character of the organization will be manipulated for the purposes of artificially nurturing the aggression of radical fundamentalist groups. It is noteworthy, that the Georgian government has been abstaining from defending the rights of its citizens in such situations. It portrays itself abroad as a victim of the internal clashes of liberal and fundamentalist groups, while internally it appeases to traditionally minded electorate. Hence, we are alarmed about the trend of purposeful discrediting and intimidation of the Georgian civil society leaders.

Therefore,

1) We protest the violation of basic rights, dignity, and identity of victims and demand that those persons, who performed the acts of verbal, psychological and physical violence against the members of the Inclusive Foundation be punished.

2) We demand the Georgian government to react to every similar incident as it is established by the law, conduct inquiries and punish those who perpetrate such acts

3) We appeal to international organizations and diplomatic services accredited in Tbilisi to thoroughly monitor the detention of Paata Sabelashvili and pressure the Georgian government for protection of his Constitutional rights. We ask for continuous monitoring of such incidents and for accountability of the Georgian government to defend the basic rights of its citizens.

4) Georgian media should follow the principle of the presumption of innocence of the individual and should refrain from publicizing unverified information.

5) Surveillance and intimidation of the members of the Inclusive Foundation should be immediately discontinued.

6) We appeal to the Public Defender of Georgia to investigate the instance of raid on the Inclusive Foundation and the arrest of its leader Paata Sabelashvili.

Inclusive - Foundation

Police attacks Inclusive Foundation in Tbilisi. Head of organisation Paata Sabelashvili arrested

On December 15 2009 the office of the Inclusive Foundation, a well known Georgian LGBT organisation, was raided by the police. They did not wear police uniforms, did not provide a search warrant, did not inform about their identity or agency they represented and did not explain the purpose of their intrusion. Members of the LGBT community were present in the office during the raid for a regular meeting of the "Women’s Club". The men confiscated cell phones of all those present in the office, did not allow them to contact their families, and made degrading and humiliating remarks, such as ‘perverts’, ‘sick persons’, Satanists. They threatened to take photos of the women and disseminate them to reveal their sexual orientation. They also threatened ‘to kill’ and ‘tear to pieces’ one of the leaders of the organisation, Eka Agdgomelashvili, if she did not stop demanding the search warrant and identification documents of the police.

Paata Sabelashvili, the leader of the organization, was arrested as a result of the raid. Soon after arrest he confessed to the possession of 8 grams of marijuana. However, because he made the confession before seeing his lawyer, without the presence of anyone except law enforcement officials, the validity and voluntary character of the confession is highly suspicious.

Staff members of the organization are under continuous surveillance up till now. Their homes, movement in the city and office are under constant surveillance by cars full of men without uniform. One such car is permanently stationed outside the entrance to the house of one of the staff members.

The raid on the Inclusive Foundation represents a logical continuation of the policy of repression of non-governmental organizations conducted by the Georgian government. It aims at marginalizing, intimidating and discrediting human rights defenders in Georgia.

Inclusive - Foundation

Winter Blitz News

21-27 January, 2008
Tbilisi, Georgia
Millenium Development Goals
Pink Armenia was invited to Georgia for MDG Conference. The meeting was organized by Georgian UN Association.

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20 January, 2008
Gyumri, Armenia
Expo 2008
Expo 2008 of local and international NGO's was organized in Gyumri, January 2008. PINK also took part in that event and presented the main projects.

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14 December, 2007
Yerevan, Armenia
PINK Armenia is officially registered
PINK members created the main project in September 2007 and started to collaborate with local and international organizations, organizing tranings, pesentations and events. Finally we were officially registered in December 2007,

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02 December, 2007
Gyumri, Armenia
Live talk-show about sexual minorities
Tsayg TV company organizaed a live talk show about the sexual minorities in the frame of the program "Tesankyun". The main guest of that show was the president of PINK Armenia NGO. The program was broadcasted in Shirak Region.