admin | 15 April, 2017 | 0
Welcome to the Official Website of the Founders of Rustavi 2!
We, David Dvali and Jarji Akimidze, are the founders and former owners of the private broadcasting company Rustavi 2.
In 1994 we have created this company together with our co-founder, Erosi Kitsmarishvili. In 2004 the company was illegally and forcefully taken away from us by the government of the “National Movement”, as a result of abuse of power, coercion and extortion from then highest government officials.
Immediately after the change of the government in 2012, we began a legal fight for regaining back the company by filing an appeal to the Prosecutor’s office with the demand to investigate the crime committed in 2004 by the government against the founders of Rustavi 2.
This fight is about the restoration of our basic rights of property and of free media and the freedom of press , which were cynically violated by the Georgian government in 2004.
Rustavi 2 must be returned to us, since it was taken away forcefully and illegally!
The goal of this website is to present to the society a consistent analysis of recent developments around the company Rustavi2, the information available to us, as well as our view of the process in general. All the information provided here is based on the documents, published materials and reliable, transparent sources.
Based on the articles 21 and 24 of the Constitution of Georgia; on 150, 181 and 333 articles of Criminal Code of Georgia; on 10 and 13 (protocol 1 article 1) articles of Human Rights European Convention, we declare that our two basic rights – the right to property and the right of media freedom – were violated by the Georgian Government in 2004. Restoration of both of these rights is vital for us and is of fundamental importance for existence of the Just Society and the Free Media in Georgia.
Criminal Code of Georgia
Article 150 – Coercion
Illegal restriction of a person’s freedom of action, i.e. coercing physically or mentally a person to perform or not to perform a certain action the implementation of or abstinence from which is his/her right, or coercing a person to experience an influence that is against his/her will, –
Article 181 – Extortion
Extortion, i.e. demanding another person to hand over property or title in property or the right to use property by threatening to use violence against the victim or the victim’s close relative or to destroy or damage their property or to make public the information that may damage their reputation or otherwise damage substantially their rights..
Article 333 – Exceeding official powers
- Exceeding of official powers by an official or a person equal thereto that has resulted in the substantial violation of the rights of physical or legal persons, or of the lawful interests of the public or state, –
- Exceeding the official powers by a public political official, –
- The act provided for by paragraphs 1 or 2 of this article which has been committed:
b) using violence or a weapon;
c) by offending the personal dignity of the victim, –
The Constitution of Georgia
- The right to own and inherit property shall be recognised and inviolable. Abrogation of the universal right to ownership, acquisition, alienation, or inheritance of property shall be inadmissible.
- The rights listed in the first paragraph of this article may be restricted for pressing social needs in the case and under the procedure provided for by law so that the essence of property right is not violated.
Property may be deprived for pressing social needs as provided for by law, by court decision, or if urgently necessary under an organic law, provided that preliminary, full, and fair compensation is made. Compensation shall be exempted from any taxes and fees.
- Everyone shall be free to receive and disseminate information, to express and disseminate his/her opinion orally, in writing, or otherwise.
Mass media shall be free. Censorship shall be inadmissible.
- Neither the State nor particular individuals shall have the right to monopolize mass media or the means of dissemination of information.
Exercise of rights listed in the first and second paragraphs of this article may be restricted by law, to the extent and insofar as is necessary in a democratic society, in order to guarantee state security, territorial integrity or public safety, to prevent crime, to safeguard rights and dignity of others, to prevent the disclosure of information acknowledged as confidential, or to ensure the independence and impartiality of justice.
Human Rights European Convention
Freedom of expression
- Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary
Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
Protection of property
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties