If you do not treat as an equal ...
right of the mountain people - loyalty oaths for equality and for the Caucasian peace
According to scientific publications by Michael Kurdiani, Avtandil Arabuli and Giorgi Davitaschwili. was compiled by "SITKVA", a social-political magazine, No. 7, March 2009
The historical fate of the Caucasus at a crossroads of world interests sleepy gene. The constant expansion of empires and the constant attacks of the horsemen ha-ben brought an awareness, in which is possible without the cohesion of the Caucasians no survival.
Over the narrow valleys of the Caucasus, the long and close association of a unique style system produced the mountain dwellers, on the historical relationship, the consciousness of common interests, the monastic code of justice of the powerful, the reason for the weak and the fundamental distinction between "self" and "foreign "is based.
The system has been over time an established tradition, the ADAT CESI law that has evolved to an unwritten law and the equivalent to the power of systematic-sed laws.
The Khewsure says as his own the boxes, the Svane the Circassians, although no one had so much strife and enmity with the boxes and the like Khewsuren Svanen with the Circassians. The "self" can become the enemy, and the "stranger" can be a friend, but in a strategic perspective, "your enemy" closer than a distant friend. Therefore treat the Caucasians relations with neighbors on the same principles as those governing its own internal affairs. Therefore, a personal dispute will never be turned into a war. Therefore it is no wonder in the mountains not, as in the Chechen war, Chechens fled to Georgia and Georgian highlanders granted them shelter, although the fact itself of the danger of Russian abuses were exposed. Thus did in 1944 when the Russians to de-ported boxes, the Khewsuren and boxes in Djarega and swore that the Russians suren Khew boxes and not play off against each other and the enmity between them was excluded.
gave the neighbors assaults, robberies, kidnappings, but from a common-men Caucasian vein resulting law forbade the Kabardia, the Svanen, the Circassians, the boxes, the Khewsuren the local narrow-mindedness, one intimacy, betrayal, fear, pettiness , pointless hostility and committed to every mountain people, even if it comes from an enemy camp, to be treated with dignity has. Abkhaz, Circassian, box, etc. to be bedeutetet, a noble fighter, an upright and spreaders to be. In a personal explanation of the worthiest won in a fight aufrichti gene and not by any means.
the Caucasian mountain people, even a legal norm of international relations has been created, an agreement between neighboring villages on the common-mutual support in a sudden attack - the adjacent villages made agreements, mutual attacks were incompatible. But if an assault, robbery, kidnapping has taken place, the perpetrator was required to make the justice wiederherzu or compensate for the loss. An example of this agreement, we know from Samani in the St. George Church in Djuta, or in a Document of 1790, the "obligations of the inks. In it we read: "... We have inks and Dido each other GE Sproch. The heart of Dido thought our peace offer, not so we have set out this obligation in writing: If today inflicts an ink a Didoear something, then we have sinned against our country and betray him "
is obvious in this peace document of the Caucasian, that the state played an active role for peace among the mountain people. Erekle II instructed the bailiff from Eniseli, he should bring the relations between the Georgian mountaineers and Leken in order: "If the ink and Khewsuren team up and assault want to do with the already reconciled us with Antsukhen and Dido, when you learn of such a confederacy, when they shall have no written permission from our Vogt us have not, you are good to them, disarm them and drive them away disarmed ... "If
between the sides was still enmity and bloodshed, of conflict by the ADAT law was regulated, therefore, should take the responsibility of the perpetrator or his immediate relatives. A revenge was avoidable if the mediators, a court mediator that have appropriate standards to any crime, get involved in the matter.
If a peace process or restitution was initiated, which could sometimes take decades, the vendetta was broken, the guilty subject to a "repentance law" and in that time, a Rachetat the other side regarded as unworthy or even prohibited.
to ADATs of Caucasians, there are many similarities. They are not uniform, but is important in any case, mutual recognition and respect for ethical and legal laws. Even more, in his own pugnacious difficult they have had each appointed mediators and invited as a judge. A so convened judge was even treated with greater respect and preferred.
The conflicts between the Caucasian peoples, in most Cases resolved by a mediator of justice, the expression of the Caucasian culture was right. In place of revenge, the Caucasians have set a very effective dispute resolution mechanism. The internal militancy were solved by the same standards and principles as between the tribes. This means that a Caucasian was a caucasian a tribal member. This was so, but that's not so often. This should be another research topic. What has engulfed the Caucasus in the Abkhaz, or what has scattered the historical memory of the North Caucasians who have fought in the Abkhaz war with the Russians against the Georgians along with their heads and play football GE-have. Or what is the memory in the Georgian Ossetians deleted that evoke a rule and invite a stranger on the ground to rule a Caucasian. Or who and how to be discovered and explored what the mind is clouded by the Georgian officials, who were also in the Abkhaz war fighters, mediators, violent offenders, victims, aggressors and defenders.
witnesses have been handed one of the unprecedented defeat of the Caucasian adat court. At the meeting for the settlement between Abkhazia and Georgia-ren, the Georgian participants of the Abkhazian elders addressed in a manner that makes it seem better that it also in the history of no written documents There. The elders looked at each other then, are got up without saying a word, have turned to the Georgians back and have fallen in the mountains. The war continued and continues to this day.
examples of the Caucasian arbitration law, the Svan and khewsurischen Ge-court proceedings, which remains unchanged, to the 21st Century are in use. With the obvious examples-sen, as the enmity and bloodshed lodged with Caucasians.
Svan The arbitration court is as follows: The warring parties who-visited by the envoys' Mezkular. They reach a peace agreement to the circuit. The mediators are highly respected figures. They deal with both sides very diplomatic, the opposing positions are given in a milder language on and so reach the "Morven" (mediator) to consent to peace.
This agreement is not easy because the damaged page is for non-exercise of the feud as a desecration of the name of his tribe. The "Makhwschi" (the oldest log) brings together the ambassadors and they will visit the family of the slain. There will initially excited, but after two or three visits to the injured family agrees that the case is handled by the "Morvengericht. If not go into the warring sides to negotiations may be the "Makhschwi" the church (Temi) convened a meeting. The Temi advises the warring parties, peace-off cycle, otherwise they threaten to exclude from the Temi. The enmity is ended. Both parties shall designate their "Morven" If the situation is very difficult to twelve, for less serious cases six, or even less. The aggrieved party may appoint as arbitrator a person more. The candidates for the election of "Morven" be discussed by ambassadors from the consensus with each other. A revocation is possible. If an arbitrator candidate is not accepted, a new one is called. The conciliator - Morvi "- should be conscientious, just, wise, sagacious, righteous and devout. Svanen avoid a "Morvi" to be, because they have to swear it, that you will announce a verdict IP rights. They are worried that they might by "ignorance" can not recognize the right and therefore violate the oath. Then God's wrath would come upon them and their families and descendants. The "Morven" begin to study the case. You go into the family of mourners. There they are to the table loaded. The table is set with plenty of bread, meat, liquor, cheese. The family elders will at the top of the table space, raises a drinking vessel and turns to God. Then he turns to the "Morven", thanks to require, that the applicants are not disadvantaged, but is treated equally. He says, for example, the following words: "I want to express my thanks to you can be given if you are not disadvantaged in this embarrassing situation and treated us equally ..."
The "Morven", about a loud and say: "The matter in respect of which We are here today and the associated costs should stay away from you in the future. From now on we should just for parties and get together to celebrate here. "
The "Makhvshi" begins to dine to eat them all. The second toast is the Archangels, the third dedicated to Saint George. The "Morven" only drink the first toast with, the other only mitgesprochen. It does not get drunk. Then all will be quiet. They stop eating. The family elders stood up, raised in the center and states the lawsuit. All look to him.
The "Makhvshi" from the family Girgvliani, the eighty-year-old Badzu Girgvliani has been crying in the action between the families and Pardjianis Girgvlianis. There were crying and the family members. Some left the room. The "Makhvschi" wiped his tears with the sleeve of his "Tschokha" (Caucasian costume) off and continued the action, which lasted four hours.
According to the lawsuit the victim empty the "Morven" the drinking vessel.
you express the hope that they will meet the matter. Then they go back to the table and even then they leave home. The next day she
visit the family of the other party. Here the sequence is repeated with the same rules. The defendant testifies and answers to the questions. The "Morven" Remember, these answers and then dine on. Then you go home.
come the next day the "Morven" back into the injured family and bring the answer of the guilty Family. So it goes on until everything is resolved.
then set the "Morven" on the edge of the village under the trees on the lawn to the meadow or in an abandoned house, to a lonely place, or to a place of reach. At nightfall, you do not fire. The Assembly may take several days. All go home at night, by day they gather again. If the cases of appeal to long stretches, they change the location that is already occupied by the devil, and find a new place, a place around where the angels. These discussions are confidential. It should not leak to the outside, who said what, who brought the indictment on, who has legally given.
The "Morven" do not interrupt the conversation of the other. The traditional Gesprächskul-ture implies that the younger one can only finish the old. In Svaneti, in such cases to "Haraki, a similar case from the past, remembered and taken into account in the sentence.
If all "Morven" have spoken out, the "Hauptmorve," the "Mutsvri" or "Neg sachu Megna, representative of all to formulate its position on the seriousness of the charges and the size of the deposit-SSE. After the joint decision, the ritual "Bacha liljedes", the "burying the stone" performed. One of the jurors take the stone, dig a hole in the earth buried the stone and says the "Garzami," the oath: "This matter is over, our verdict was final. So shall bury those mentioned in GE, knows the contents and the sentence previously revealed before we have discussed the verdict. Tell all say "Amen!" All the other go "Amen" and.
After the ruling is promulgated. Prior to this announcement will take an oath ceremony in a church. This oath is about equality and loyalty.
The priest and both parties come to the Verkündungsort. From the church an icon is being carried out, the wall of the church is made. Before the icon stand with GE lowered heads, the "Morven", a little further back, separated from each other, the parties. Dar-will swear to follow all the "Morven" before the icon. Before that, however, be taken by the plaintiffs and the defendants then Chen GARZAMI (special oath formulas) ausgespro. They evoke the "Morven" that they consider their pain and judge accordingly.
The applicant presents itself, the icon and says, "... when we selected by jury NEN me after my meticulous depictions disadvantage ... Hoi then, Lord God, the Almighty is, as often as from the sky rain and snow, so much Grass grows on the earth, so much sand in the sea, is - as many bulls goldhörnige not donate them to you so long (and points to the jury) Thou shalt not stand by his children and descendants. Destroy them with the whole tribe, when the jury, every single individual, not me exactly the same treatment was as if he had himself been in my place, - then my request hear for so long, Lord God, Jesus and his twelve apostles not be located as altar fellowship. As long Abendmalbrot not from the flour that comes from Jerusalem, and baked the communion wine is not from there, as long as you shall only do harm, since cursed, so that your daughters snakes and frogs should bear ... "The defendant also spoke
the GARZAMI, tearing the grass out of the earth and throws it into the air. Then he steps forward, one hand he stretched in the direction icon, the other in the direction of jurors, saying, "Lord God Almighty, if the jury have sentenced me without rules and necessity, then curse them ... so and so .. ., "and says a curse. He takes off his hat and throws it on the ground and says, "like falling down So their homes and lives if they do not treat me equal."
is then the "Makhvshi" and says: "... all we could, we considered all RELEASE MEASURES ... We have weighed the charges, we have the answer and the reply may-tion to the response against each other, examined, and by our law and our rules, we have found a solution that was accepted by all jurors, do everyone exactly to our place so act "
tell the jurors" would. We agree with these GARZEMI, we swear that we went to the true and right way, as far as our reason permits "
After the oath of equality swear the plaintiff and the accused Oath of Allegiance. Both parties swear: "With his blessing (and they show it to the Iko-ne), I swear that if you are faithful to me, I you too'm faithful. At present these matters are genheit-neither I nor my son or our children, partners remind you again. "
After this oath to jurors and the parties to go home. The total vow share and one half goes to the accused, the other with the plaintiffs to announce the verdict. Judgement will be so in their families and then GE Hen them apart.
There is also another rule that the accused is attending the injured family, and then there is the sentence pronounced. Then a peace table will be covered.
After the verdict was announced the initiation of their implementation. The culprit must be in two weeks or a month, the dutiful Fees are charged. The "Morven" be-even a salary, copper pots, money, come, etc. One of the jury duty and the collection of criminal charges and their distribution to the victims.
Other legal mechanisms were not for the Svanen acceptable. While the Russian government twice a year, ordered a judge to Svaneti, which is trying in vain, has murders and other violations, to investigate the regulated Svanen this with their own traditional legal procedures, traded or committed further revenge killings ... The judge arrived went to the parties. All residents testified in favor of the guilty, so there could be no possibility that a Svane under Russian Recht verurteilt würde. Ein Richter verlor die Nerven, sammelte alle Dokumente zusammen, goss Öl darauf und verbrannte sie. Dabei schrie er: „Wozu ist in Svanetien ein Gericht not-wendig?!“
Übersetzung: Marika Lapauri-Burk
0 comments:
Post a Comment