GEORGIA: POLITICIZATION OF THE PUBLIC DEFENDER

C O N F I D E N T I A L SECTION 01 OF 02 TBILISI 002072 SIPDIS DEPT FOR EUR/CARC E.O. 12958: DECL: 10/29/2018 TAGS: PGOV PHUM GG SUBJECT: GEORGIA: POLITICIZATION OF THE PUBLIC DEFENDER REF: A. TBILISI 1987 ¶B. 2007 TBILISI 2777 ¶C. TBILISI 1890 ¶D. TBILISI 1983 Classified By: CDA Kent Logsdon for reasons 1.4(b) and (d). ¶1. (C) Begin Summary: Since November 2007, Public Defender Sozar Subari's statements have steadily become more politically charged, leading both the international community and his own staff to question his objectivity. As Georgia's Public Defender and Human Rights Ombudsman, Subari was appointed by the President and approved by the Parliament to function in a non-partisan way to address citizens' concerns. Recent public opinion polls completed by IRI indicate that he is one of Georgia's most trusted officials (ref A),but many are now speculating about Subari's future political aspirations. His rhetoric so far suggests his platform is the same as other opposition candidates: long on criticism, short on constructive suggestions. End Summary. HOW DID SUBARI GET HERE? ¶2. (U) Subari was appointed Ombudsman (aka the Public Defender) in autumn 2004 for a five-year term. He is the third public defender since the office was created in 1997. His office has representatives in Kutaisi, Zugdidi and Batumi. A native of the Svaneti region, he surrounds himself in the office with fellow Svans. Subari is well-known for his dedicated approach to his work and has actively taken on the issues of minority integration and settlement of property issues between the Armenian Apostolic and Georgian Orthodox Churches. Subari has a strong sense of his personal honor, something he associates very strongly with his father, a small country doctor held in high esteem by fellow villagers. LOOKING FOR A LITTLE RESPECT ¶3. (C) In his public image, Subari strives to inform the public about the activities of the Public Defender, often giving media interviews and contributing articles to local papers on human rights issues. He is a visible figure in Tbilisi. During the November 7, 2007 civil unrest, law enforcement officers beat up Subari as he stood before the Parliament checking on hunger-strikers, even after he identified himself to them (ref B). While it is hard to determine when he might first have conceived of a possible political career, some observers believe this incident could have well been the catalyst. Nearly one year later, the �A;Prosecutor's Office has not arrested anyone in connection with this crime. This was an insult to Subari's Svan dignity and hardened his recalcitrant stance against the Saakashvili administration. Fuel was added to the smoldering resentment when Subari perceived that Parliament did not want to hear his annual report, whose reading was delayed several times due to the electoral schedule and Parliament's sessions. Subari was convinced that Saakashvili's party, the United National Movement (UNM),was trying to silence his findings, which portrayed UNM participation in November events in a harsh light. During the summer months, Subari's public statements began to take a harder line, reminiscent of United Opposition rhetoric, lashing out at western governments for "turning a blind eye" to the many human rights violations committed by the Saakashvili administration. ¶4. (C) Throughout the summer and fall, Subari appeared on the pro-opposition Kavkasiya Tbilisi cable television talk show with opposition politicians. The Kavkasiya broadcasts are characterized by an aggressive questioning style and fiery bashing of Saakashvili's administration. On September 30, Subari announced the creation of the Public Movement for Q30, Subari announced the creation of the Public Movement for Freedom and Justice. Subari characterized the movement as an informal, open association that is not a political party. Other participants in the movement are opposition candidates who have previously demonstrated radical opposition to the UNM: Kakha Kukava and Zviad Dzidziguri (Conservative Party); Salome Zourabichvili (Georgia's Way); and Paata Zakareishvili (Republican Party). Other participants include various media and NGO figures, such as Mamuka Glonti, founder of Maestro TV (ref C). The establishment of the movement came after a tough-worded statement in which Subari spoke out against the "authoritarianism" in Georgia. The press statement was made with the group of opposition leaders from the premises of the Public Defender offices. IF IT WALKS LIKE A DUCK... ¶5. (C) Even though Subari denies that his movement is political in practice, others believe it is. David Usupashvili (Republican Party) told Poloff that Subari is TBILISI 00002072 002 OF 002 trying to warm up the public before announcing his own political party. Usupashvili opined that running for office is fine, but that Subari should leave his job as Public Defender first because there is a conflict of interest in using his current position to climb the political ladder. OSCE Human Rights colleagues told Poloff that Subari has "crossed the line" from impartial to subjective reporting and that they now read his reports and statements with a critical eye. INTEROFFICE POLITICS ¶6. (C) Allar Joks, a seasoned Public Defender from Estonia under contract by UNDP to work in Subari's office through the end of November, told Poloff that he was concerned with the aggressive style of Subari's statements and the future direction of the office. Joks believes that some of the staff's uneasiness with the situation has lead to an increased willingness to resign. Giga Giorgadze, one of Poloff's key contacts, told Joks, "I didn't sign up for this" and will leave his job at the Public Defender's office by 15 November. Joks advised Subari to focus on building a strategic partnership with the government to forge resolution on issues, rather than making very divisive statements which serve only to alienate. Joks told Poloff that when Subari was attending a Public Defender's conference in Europe, he referred to President Saakashvili as "a terrorist." Joks emphasized to Subari the need to modulate and reflect on the impact of his comments. If his rhetoric about the President is the same as the Russians', what does this say about the integrity of the Public Defender? Joks encouraged Subari to whittle down the 1,400-page reports which his office publishes and to outline general trends with positive recommendations instead of finger-pointing. ¶7. (C) So far, Subari has not implemented many of Joks' suggestions, most of which deal with long-term strategic goals and prioritization of tasks. Joks stressed to Subari that he must make political trade-offs to achieve objectives, but so far, this has fallen on deaf ears. Given the strong personal ties in Georgia which bind or strangle, some may have decided to wait out Subari until his time in office expires next year. Joks approached Kakha Lomaia, National Security Council, to ask for increases in staff salaries for the office; although the office receives substantial donor support, it does not cover payroll costs. Lomaia reportedly said that this will only occur once Subari has left office. (Embassy comment: The Estonian Embassy here, which has made establishing the ombudsman's office a top bilateral assistance priority, has also expressed concern about Subari's approach to the job, worrying to us that his tilt toward the opposition could undo years of work. End comment.) THE FUTURE CANDIDATE ¶8. (C) Some who follow politics in Georgia suggest that Subari may announce the formulation of his new political party on November 7. This would have maximum affect on the anniversary of last year's events and underpin his call for participation in early elections. Although opposition candidates may court him now, once he becomes one of many opposition candidates, his support among the opposition could wane. In all likelihood, his high wave of popularity with the public could ebb as the differentiation between his and other opposition parties would blur. Some misinterpreted Subari's comments before the Parliament in July regarding settlement of Armenian and Orthodox property issues as anti-Orthodox. Without the church's support, or at least Qanti-Orthodox. Without the church's support, or at least non-objection, it is questionable how successful Subari could be politically (ref D). COMMENT ¶9. (C) Joks' concerns about the Public Defender's office could be applied to other ministries in Georgia. The office is associated with one personality--Subari. Commitment to a plan beyond the immediate situation is difficult. To date, Subari has demonstrated the "zero sum mentality" of Georgian opposition politicians, unable to see the larger picture of consensus and challenged to offer concrete solutions to difficult problems. For four years he has been in a position to positively influence policy, but he has not used it effectively. This is demonstrated best by Joks questioning the need of the Public Defender's Office (PDO) to spend so many staff hours on researching court cases. The PDO does not have the authority to officially open cases, but can only recommend that the Prosecutor's Office do so. Subari's reply was, "We need to show what the government is doing is wrong." LOGSDON