EMC: Criminal Investigations have not adequately assessed the coal mine incidents
By Inga Kakulia
Friday, October 25
EMC provided legal assistance to the family of the deceased miners, Mikheil Gamezardashvili. The investigation was carried out under Article 240, Part 2 of the Criminal Code of Georgia, which deals with the violation of labor safety rules, which resulted in the death of a person.
The investigative/procedural actions revealed the criminal responsibility of three citizens who, along with other members of the group, were involved in the work on July 16, 2018, and were directly responsible for carrying out the explosive work together with the master explosive. Kutaisi City Court found the men guilty.
The report published by EMC highlights that the criminal liability of the convicts was based on the findings of the forensic technical expertise. The convicts did not secure the placement of other miners in the trenches before the artificial explosion, causing the death and injury of several of them. By not placing miners in a safe place before the explosion convicts violated the rules of labor security.
The explosion was the systematic violation of the rules of the knowledge about the practice. More specifically, the company's senior management did not measure and prioritize the opportunities and risks of extractive work at the N1 coal mining site prior to the commencement of operations.
Following the accident on April 5, 2018, at the same workplace and the death of six miners, the company provided a placement of methane, CO, airflow and mines monitoring sensors in a particular field. Even though the organization states that the sensors working in test mode, their location/incompatibility in specific areas of the workplace was still problematic.
The NGO highlights several areas of concern regarding the investigation and the whole coal mining site.
Most importantly the coal mining site N1 does not have all the necessary documentation to be continuing with their work.
Because before the July explosion, there was an explosion on the 5th of April, 2018. The Management decided to continue to work without fully inspecting the site or making sure that it was safe. Management failed to assess all the risks and ensure the safety of its workers.
The coal mining site also failed to follow the guidelines for necessary security checks for their technology. The company has been using the same Russian and Chinese technology that has not been inspected yet when this type of equipment should be tested at least once a year.
The report summarized that it is clear that the criminal investigation has not adequately explored and assessed the issues that may have affected the determination of criminal responsibility for the management of the shaft. A particularly important issue in this regard is the geological study of the worksite and the risk analysis. In such a situation, it is clear that the management of the shaft had to question and conduct an appropriate study as to whether the No. 1 coal mining site was suitable for any type of work. The investigation has failed to address any of these issues, again suggesting that responsibility for senior management of the shaft is being avoided.
Breaking safety rules and conducting an effective investigation into the accident remains a challenge. Statistics for 2018 show that the number of accidents in manufacturing has increased significantly compared to previous years.
Information released by the Ministry of Internal Affairs of Georgia shows that there were 133 cases in 2016, 163 in 2017, and according to the 2018 data, 59 people died and 199 were injured. As for the investigation, according to the Ministry of Internal Affairs, the investigation started in 128 cases in 2017 and in 2018 in 224 cases. The stats also show relatively low criminal prosecution and referral to court despite the initiation of the investigation. Specifically, in 2018, only 35 cases were heard by the city and district courts, and only two of them were sentenced to imprisonment. According to the Georgian Public Defender's report, 69% of cases in this type of case are settled through plea bargaining and the state still does not opt for strict criminal justice policies
Along with such criminal policy, as has been noted in similar cases, investigations are usually conducted to identify medium or low-level managerial responsibilities while the people responsible for the majority of the operations remain untouched.
The state of coal mines in Georgia has been an issue for a while. This year Human Rights Watch published a 60-page report, called “No Year Without Deaths” which covers a decade of deregulations that have put Georgian miners at risk. Miners told the HRW that in a rush to meet quotas established by the Georgian Manganese (GM), or without sufficient rest, they have suffered deep cuts, were buried under rocks as roofs collapsed, have lost limbs, suffered concussions or narrowly avoided serious accidents which highlights just how little the management does to ensure the basic safety for people working in mines.