The transport union “Tbilisi Mini-bus” decision to forbid broadcast of radio channels in mini-busses of Tbilisi violates directly the article 24 of the constitution of Georgia, article 10 of the Europe convention of human rights protection and the article 19 of UN international pact of civil and political rights of 1966.We consider that the decision of the private company represents fundamental limitation in the sphere of freedom and information expression and humiliates the highest kindness of the citizens-to get and spread information without censorship.
We “Young Barristers” remind the representatives of the private company that the constitution of Georgia is the rule of law of the state.All other legal acts should conform to the constitution and the legislation of Georgia conforms universally recognized principls and norms of internation law.If constitution of Georgia does not violate any international contracts or agreements, in this case constitution agreement has preference juridical strength towards domestic normative acts,Therefore the contract of the advertising company was supposed to happen according with this principles.
With our estimation, the transport union did not have right to make such contract with the independent legal person about advertising service, which would lead to restriction of access to information for citizens. Devoid of logic is statements which turned out that the voice of radio prevents to the adverticements placed on the screen in mini-busses. As it turned out, the society don’t know opinions of independent expert’s which would conform a discrepancy of ability, if technically there is a gap between the sound of radio and advertising,it is necessary to change in the contract of the advertising provision to supply for passengers only in accordance with the principles of image resolution.When the question is between protection of freedom expression and a private commercial company’s intereset, the Europian experience shows that the preference is given to freedom expression.
“Young Barristers” appeal to the Tbilisi City Hall that the winner private company in state competition of 2011 is responsible for the availability in charge of the municipal transport- to respond to the decision of the transport union of the “Tbilisi mini-buss” and protect freedom of expression and information related to the national and international laws.
“Young Barristers” evaluates the created situation as a violation due to the prohibited censorship which is guaranted by the constitution of Georgia, as the population is directly restricted to listen to different opinions, political information during traveling time, which makes the transparency of the 2012 parliamentary elections legitimization in front of the jeopardy.
