The Public Defender asks to be involved in the working process of the commission of research of existed circumstances in the village Mokhe with the status of supervisor
 Tbilisi 16:01 - 16.02.15 «GHN»
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After the events developed in the village Mokhe of the region Adigeni the Pubic Defender Ucha Nanuashvili taking into account his mandate, addressed legal entity the State Agency of Religion Issues (in future the state agency), concerning his involvement in the activity of the "commission that researches existed circumstances concerning the building registered under the status of the club in the village Mokhe of Adigeni Municipality" (in future commission). As GHN was informed from the apparatus of the public defender unfortunately from the date of creation of the commission - December 2014 till today, the commission couldn't make the proper decisions and involvement of the Public Defender in the meetings of the commission. Moreover, in the letter addressed to the Public Defender of Georgia dates with February 6, 2015 by the State Agency there is said:
With the information of the apparatus of Public Defender the subject of the discussion of the "commission of research of existed circumstances concerning the building registered with the status of the club, located in the village Mokhe of Adigeni municipality" is research of the circumstances concerning the building registered under the status of the club as the main unalienable property in the frame of historical-confessional origin but not in the frame of property or/an freedom of belief, or human rights and freedom recognized internationally. So the activity of the commission is beyond the "regulation of 2nd article of organic law of Georgia "about Public Defender of Georgia. According to the same letter the commission represents advisory of created on the basis of mutual agreement which doesn't own the authority to adopt administrative-legal act. Besides the majority of the members of the commission is not public servant and doesn't represent the public institution according to the format. So the regulation of the 1st section of 3rd article of organic law of Georgia "about Public Defender of Georgia" doesn't include the activity of the commission. In spite of the mentioned above because of big public interests towards the issue that should be discussed legal entity the State Agency of Religion Issues, as one of the sides represented on the commission is not against to be involved in the activity of the commission under the status of supervisor of the Public Defender of Georgia. According to the 2nd article of the organic law of Georgia "about the Public Defender of Georgia" "the Public Defender of Georgia will supervise the defense of human rights and freedom in the frame of territory of Georgia and its jurisdiction." The norm state above gives the Public Defender authority to monitor the situation about human rights in Georgia.
Taking into account that in the village Mokhe of Adigeni region the issue of the designation and ownership of the building provoked stir in the local population and it is possible to happen involvement in the main rights of human as it is freedom of religion, creating threat to the social peace and coexistence between Orthodox and Muslim communities, the public defender considers as necessary to participate in the activity of the commission under the status of observer and to implement the monitoring of the process.
It is possible that the issue of the discussion of the commission is the research of the circumstances of historical-confessional frame concerning the building registered under the status of the club as an alienated property, but taking into account the fact that local Orthodox and Muslim community indicate on the religion purpose of the building in the past that is subject of the controversy, exclusion of right issue of local population or interested persons from the area of the commission and discussion of this theme beyond the freedom of the religion inappropriate and directs the working of the commission in a wrong way. While discussing the issues of the freedom of the religion the court of human right of Europe marked that the state has to adjust interests of different groups to each other to neutrally and impartially defend social freedom and mutual understanding between believers (Kokkinakis against Greece 1993, paragraph 33). Exactly on the neutrality and impartiality is based the democracy and pluralism of the country (Metropolitan Church of Bessarabia and others against Moldova, 1999, paragraph 115-116). The court marks that the country doesn't have the discretionary authority to check how legitimate is belief of humans or the measures in which it is expressed (Manousakis against Greece, 1996, paragraph 47). The role of the state is not elimination of the tension between different groups, but to support these groups to be able to love together (Serif against Greece, 1999, paragraph 53).
It must be marked also that Public Defender of Georgia with the aim to protect human rights and freedom implements supervision on the activity not only on the state and local government, but also for the providing all the forms of discrimination and equality the public defender of Georgia according to the organic law of Georgia "about public defender of Georgia" and the rule determined by the "about elimination all the forms of discrimination" makes supervision the activity of administrative, state government and local self-government organs, the activity of public institutions and officials, also activity of physical and juridical persons, unveils facts of direct and Indirect discrimination and implements the events to eliminate the results of the events.
So the statement of the legal entity State Agency for Issues of the Religion that the working process of the commission is beyond the mandate of the Public Defender of Georgia is not right.
Besides for the Public Defender of Georgia unfortunately still is not known the format of the activity of the commission. In spite of the demand legal entity the State Agency for Issues of the Religion has not represented the copies of the documentation (the order about creation, regulation and etc) that makes regulation of the commission.
The apparatus of the public defender of Georgia continues research of the issue concerning the building that is subject of the controversy in the village Mokhe of Adigeni municipality and one more time expresses readiness and wish under the status to involved under the status of supervisor in the activity of the "commission that researches the existed circumstances concerning the building registered under the status of the club located in the village Mokhe of Adigeni municipality" and expresses hope that this issue will be settled in the nearest days.



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