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The illusion of reconciliation against the looming crackdown on free media

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16 December, 2021
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As often happens in Georgia, even the most innocent ideas are dividing and polarizing. This time it is the idea of “great political reconciliation”. But the real question is whether reconciliation will be possible or credible in a highly polarized society, especially if the oppression against the opposition leaders and free media are fast-tracked.

Presidents and Reconciliation

On December 16, the President of Georgia hosted political party leaders at the reception, during which she reiterated the importance of depolarization, healing wounds, and moving forward, but also warned that the process might take a long time.

On December 10, Zourabichvili used the Democracy Summit hosted by President Joe Biden to announce that to overcome the polarization and mutual hatred among political forces she would start a nationwide dialogue. This was followed by a call from the imprisoned ex-President Mikheil Saakashvili to “put aside the burden of negative emotions'' and to “forget all the grievances” in favor of “reconciliation and refusal of revenge”. Saakashvili’s successor, the fourth President, Giorgi Margvelashvili also chipped in and initiated the idea of the three Presidents meeting in person. This, however, seems highly unlikely, given that Saakashvili is in prison, Zourabichvili in Orbeliani Residence, and Margvelashvili at his ranch outside Tbilisi.

Lelo leaders face arrest

As the debate about the feasibility of the reconciliation and sincerity of its authors goes on, court cases against the opposition leaders and media owners have accelerated. Lelo leaders Mamuka Khazaradze and Badri Japaridze, together with the father of the TV Pirveli owner Avtandil Tsereteli are awaiting the final verdict in early January 2022 on their court case of alleged money-laundering. The case, which is about the loan transaction from 13 years ago, has neither a complainant, nor a victim. There is a widespread belief that this case is Bidzina Ivanishvili’s political revenge against the Lelo leaders and masterminds of the Anaklia deep sea port - now all but tanked by the Georgian Dream (GD) government. Khazaradze and Japaridze might face years of jail time, and if heavily fined, Mr. Tsereteli’s family might have problems maintaining TV Pirveli - one of the leading free TV channels in Georgia.

TV Mtavari head on trial

In parallel, the owner and director of the most critical TV Mtavari channel - Nika Gvaramia is also on trial for an allegation of incurring damages to the previous company he ran - Rustavi 2 TV Channel, whose ownership was changed controversially three years ago by the Georgian court. Since then Rustavi 2’s editorial policy changed substantially towards pro-Governmental. Gvaramia and his lawyers attempted to recuse the judge on December 15, arguing that one of the current directors of Rustavi 2 was a childhood friend of the presiding Judge. While the Judge agreed that indeed the person in question was his buddy, he saw no reason why he could not issue a fair verdict.

TV Formula founder sentenced

A few weeks ago the court verdict was also reached in the case of TV Formula’s founder and owner - former defence minister David Kezerashvili. The verdict overturned the previous court decisions and levied a hefty fine of 5 million euros on Kezerashvili. It remains unclear whether the Ministry of Defense, who sued TV Formula founder, is requesting foreclosure of his properties and company shares. If so, TV Formula, the third most watched and probably most balanced opposition TV channel, could face the danger of closing down.

As the Government and the courts tighten ropes around critical media’s necks, there are solid grounds for not believing President Zourabichvili’s genuineness. The opposition thinks that the President's gesture is just a double-talk for Western consumption, whereas, in reality, the Government had already decided to suffocate free media and fully destroy the opposition, which has been in limbo since Saakashvili’s arrest in late September 2021.

Gambling law against Media

A serious blow was given to the free media when the Parliament fast-tracked a law on gambling upon the request of Prime Minister Gharibashvili. The gambling industry in Georgia is one of the main providers of TV ads, and many critical TV stations receive up to a quarter of their revenues from the gaming industry. Changes, which are likely to be passed in the next few weeks, will make it impossible for the gambling companies to run TV ads or to finance the TV stations, thus seriously undermining their financial stability. The Media Advocacy Coalition expressed serious doubts about the hidden agenda behind the fast-tracked law (Parliament held two hearings in one day) and the effect it would have on the media environment.

In parallel, Georgian National Communications Commission, headed by Kakha Bekauri fined TV Mtavari 32 thousand euros for airing a political ad on Georgia’s drift towards Russian orbit, which was promptly denounced by Reporters Without Borders as “a tool for censorship”. Bekauri also supported a draft law dormant in Parliament for at least 4 years, aiming at criminalizing hate speech and allowing it to sue journalists. If passed, the law will most definitely be used against critical media outlets.

The dilemma of reconciliation

These developments and Saakashvili’s arrest are the reasons why the main opposition parties are skeptical about the idea of reconciliation. The President, they claim, could simply pardon Saakashvili and thus diffuse the polarization. The Georgia Dream, they say, could simply stop arrests and crackdowns on political opponents and critical media outlets.

Yet still, enough opposition parties expressed willingness to sit down at the same table with the President, provided the conversation was about the reconciliation and concrete steps were discussed. December 16 reception by Zourabichvili was attended by the representatives of Lelo, Strategy the Builder, Girchi, Citizens, and a few other smaller parties, however neither the United National Movement (UNM), Droa, European Georgia or Girchi-More Freedom were present. Leaders of these parties stressed that in principle they were ready for the dialogue, but not in a solemn reception format that Zourabichvili suggested.

What reconciliation means, or whether it is the term to be used at all is a matter of separate serious discussion. For the UNM supporters, no reconciliation can happen without the pardoning and release of Saakashvili. For other opposition parties, while Saakashvili’s release is important, it should be more about the independent judiciary, level playing field, and new free and fair elections. GD, in turn, does not want to hear about the reconciliation at all. Georgian Dream leaders have dismissed any possibility of reconciliation, claiming that it is just a ploy to free Saakashvili, that the opposition should accept their political defeat, move on and be ready for jail, if they had committed crimes in the past. Remorse and admission of crimes is a precondition for any reconciliation for the ruling party, according to the GD leader Irakli Kobakhidze.

While it is unclear what the reconciliation process could entail, some of the ideas that have been floated include total amnesty of all high-level officials since 2000, reform of the Prosecutor’s office, implementation of the dropped provisions of the Charles Michel plan, serious reform of the judiciary, possibly with the participation of the foreign judges and power-sharing arrangements within the Parliament. While these topics seem too large to be swallowed by the Georgian political spectrum, even the start of discussion could diffuse the tensions at this early stage. Saakashvili even referred to South Africa’s experience with the Truth and Reconciliation Commission as an example of successfully healing wounds in a deeply polarized society.