GEORGIA: GBLT LEADER EXPLAINS CIRCUMSTANCES AROUND

C O N F I D E N T I A L SECTION 01 OF 02 TBILISI 000056 SIPDIS E.O. 12958: DECL: 01/13/2020 TAGS: PGOV PHUM PREL GG SUBJECT: GEORGIA: GBLT LEADER EXPLAINS CIRCUMSTANCES AROUND HIS ARREST Classified By: CHARGE D'AFFAIRES A.I. KENT LOGSDON FOR REASONS: 1.4 (B ) AND (D). ¶1. (C) Summary: Charge D'affaires met with Paata Sabelashvili, head of Inclusive Foundation (a gay and lesbian rights organization),regarding his arrest on December 15 and his subsequent imprisonment. Sabelashvili admitted to possessing a small amount of marijuana but said the police tampered with evidence so he could be charged with possession above eight grams, a crime that carries a stiffer penalty. He described the police's tactics as degrading and completely out of proportion to the alleged crime. Sabelashvili thanked the Embassy for its engagement and interest in the matter. Sabelashvili voiced his concern that while GoG leaders had little to no personal anti-gay sentiment, a willingness to appease the politically powerful Georgian Orthodox Church (GOC) might result in turning a blind eye to anti-gay discrimination. End Summary. ¶2. (C) Comment: The international firestorm which followed Sabelashvili's arrest clearly caught GoG officials by surprise and they quickly tried to explain their version of the story; soon after the incident DFM Bokeria called the Charge to ensure that the USG had seen the Ministry of Internal Affairs' statement regarding the arrest and stressed the Georgian Government's commitment to fighting illegal drug use. Sabelashvili was forthright about his guilt and credible when describing the roughly six hour ordeal. Sabelashvili is unclear as to why he was targeted for arrest, but blamed most if not all of the ugliness of the incident on a bigoted reaction by police rather than a systematic attack on gay and lesbian groups, although he said the Georgian Orthodox Church has encouraged the GoG to increase pressure on gay and lesbian organizations and noted that he was not arrested until after he stopped working for an international organization here. Sabelashvili was philosophical about the ordeal and insisted he was ready to move on. Nevertheless, the targeting of openly gay journalist Tedo Jorbenadze in Batumi and this most recent event tend to tarnish the image of a government that prides itself as tolerant and progressive. The tone-deaf handling of both incidents raises questions as to whether the GoG is aware of its growing perception problem. End Comment. What Happened ¶3. (C) The facts surrounding the event which occurred on December 15, 2009 are largely undisputed. Police, responding to actionable information, raided the office of the Inclusive Foundation looking for drugs. According to the police, those in the office were uncooperative (or hostile) and resisted the search. Sabelashvili told us that a number of people in the office asked the police to present a warrant for the search. Sabelashvili did not deny that certain individuals confronted the police; however, he noted they only did so in a manner consistent with their rights under Georgian law. The police then detained and separated a number of individuals and searched the office. Sabelashvili said the police waved a number of papers around but that he never saw a warrant, he only later learned that the police in fact had no warrant. ¶4. (C) Sabelashvili said that the police used very aggressive and invasive search measures and used profanity and anti-gay slurs when addressing him and others in the office. Police discovered a small amount of marijuana which Sabelashvili indicated was his. According to Sabelashvili, QSabelashvili indicated was his. According to Sabelashvili, the police were visibly disappointed when their search turned up nothing more than this small amount of marijuana. Police proceeded to threaten Sabelashvili that they would release the names of all those who entered into the Inclusive Foundation (Embassy Note: A number of individuals who frequent the Inclusive Foundation are not openly gay. End Note.). Sabelashvili admitted his guilt and signed documents to that effect because he was guaranteed by police that if he did so, they would not "out" any individuals nor continue with the search. Sabelashvili was arrested and brought to jail. According to Sabelashvili, the ordeal lasted six hours. Incarceration ¶5. (C) Sabelashvili said he had little time to see what he was signing and was not surprised when police claimed he had eight grams of marijuana which carries a criminal penalty rather than the administrative penalty he would have received had police not "supplemented" the evidence they seized. Sabelashvili said he was treated properly by prison officials though he attributed that to a random occurrence since he saw other prisoners being abused. Sabelashvili said the Ombudsman's office made quick contact with him, but noted TBILISI 00000056 002 OF 002 that the Ombudsman had to be convinced to go to visit Sabelashvili in prison by international groups. (Embassy Comment: Sabelashvili knows, respects, and previously worked with the Ombudsman. Sabelashvili said he understood that the circumstances of the case meant that there was little political upside and a potential negative backlash for Tugushi in visiting Sabelashvili personally. End Comment.) Sabelashvili was released on 4000 GEL (USD 2380) bail on December 28 and received a five year suspended sentence. Aftermath ¶6. (C) Once the incident attracted international attention and scrutiny, GoG officials scrambled to counter the negative reaction. Unprompted, DFM Bokeria spoke to the Charge about the incident and stressed that the arrest had only to do with enforcing illegal drug laws. Similarly, Poloff received an unsolicited explanation of the incident from an MoIA contact and also the Head of the Analytical Unit, Shota Utiashvili, which indicates that the GoG understood how damaging the incident was to international perceptions. Sabelashvili said he wanted to put the incident behind him and was focused on running the Inclusive Foundation. He indicated that he was too busy working with its board of directors on budget and project related issues to spend much time focusing on his arrest. Sabelashvili lamented the fact that he lost a number of staff members over the incident, but said that he has been overwhelmed by the support for him. Locally, the incident did not receive much, if any attention, among a public generally not yet widely accepting or supportive of LGBT individuals or groups. LOGSDON