State of Human Rights in Georgia

 

 

In April of 2014 Georgian Parliament adopted National Strategy on Human Rights with the aim to ensure effective realization of human rights with relevant legislative, institutional and practical changes. The document set forth strategic plan to tackle prevalent human rights problems in number of directions, including protection of rights of minorities, combating gender-based violence, safeguarding freedom of religion, ensuring right to peaceful assembly and manifestations, developing mechanism for effective investigation of human rights violations by Georgian law enforcement bodies, and etc... However, the documentations by Georgian human rights organizations reveal that there is a stark contrast between official discourses/policies and actual practices in some of the fundamental areas of human rights protection. Though there have been some positive developments in certain directions, Georgian government is critically failing to ensure the cornerstone of international human rights law, the premise of Universal Declaration of Human Rights  –  equality of all people. 

Increased acts of violence against minority groups and government’s inaction to ensure their protection has taken especially alarming forms in recent years. Repeatedly, Georgian government fails to take adequate measures to protect one of the most stigmatized groups in Georgian society – LGBT and religious minorities - and secure effective realization of their rights. Moreover, rights of marginalized groups are directly infringed by some discriminatory policies and law enforcement.

The recent study conducted by Georgian human rights organizations reveals that every third LGBT person in Georgia has been subjected to physical abuse during 2012-2014.¹ Overwhelming evidence indicates that LGBT individuals in Georgia are denied protection. Offenses committed on the ground of victim’s sexual orientation are poorly investigated, mostly dropped or characterized with unreasonable delays.² Only two cases of anti-gay violence resulted in guilty verdict during 2013-2014. Although, in both cases the evidence demonstrated the hate motive, an aggravating circumstance by Georgian law, the court refrained to apply the clause.³ Anti-gay bias has never been applied in a criminal case in Georgia.⁴ The relevant bodies do not keep any system or statistics for the recording or reporting hate-motivated acts.⁵ Police officers at times harass and assault LGBT people.⁶

The public outpouring of hatred against small peaceful rally of LGBT activists on May 17th of 2013 in Tbilisi left 28 people injured, among who 14 ended up in hospitals.⁷ Despite prior notification about massive counter-demonstration,⁸ Georgian police failed to provide adequate force on the ground that would effectively restrict outburst of violence against peaceful activists.⁹

Another group, experiencing increased harassment and often denied of their inherent rights and protection are religious minorities. Disturbing acts of violence committed by the predominant Orthodox groups against Muslim congregation and other religious minorities are enjoying widespread impunity in Georgia. 

Local Muslims in various Georgian villages have faced numerous acts of aggression since 2012. The assaults included violent break-ins into the places of worship of Muslim believers and destroying their religious items. Aggressors often blocked the roads and physically obstructed free transportation of Muslim worshippers. The police, present in most of these incidents, minimized their responsibilities to merely watching the confrontation, without intervening to stop the abuse. Nobody has been brought to justice for the violent acts committed in the villages Nigvziani, Tsintskaro and Samtatskaro against the local Muslims in various Georgian regions throughout 2012-2013.¹⁰

Muslim boarding school in the town Kobuleti in Georgia’s Southwest region Adjara is daily harassed by the local Orthodox groups who put up a metal cross and barricades in front of the building to hinder free movement in the area.¹¹ A year ago, a head of the slaughtered pig was nailed to the entrance door.¹²

Though school is largely renovated and ready to receive Muslim students, the studies have not yet started, as the visitors are subject to intense harassment by the next-door neighbors. I personally witnessed this harassment when I recently visited and interviewed the only person living in the boarding school along with my colleagues from Human Rights Center.¹³

Though Georgian legislation prohibits religious persecution and criminalizes such acts, Georgian law-enforcement bodies turn a blind eye to the existing situation in Kobuleti.

 

According to the lawyer Tamta Mikeladze from Human Rights Education and Monitoring Center (EMC), the cases of violence against Jehovah Witnesses increased during 2013-2014 due to the absence of the political will to effectively investigate the incidents.

 

"The state is repressive towards religious minorities. If the crime is committed by the dominant religious group, government does not conduct effective investigation and does not punish offenders. The process is protracted. It should be noted that the character of the violence also changed. Monitoring of the recent cases showed that violence has acquired public and collective nature” - Tamta Mikeladze states.¹⁴

The state authorities have even directly applied repressive mechanisms against religious minorities in number of cases in recent years. On August 26th of 2013, Revenue Service of Georgian Ministry of Finances dismantled the minaret of Muslim mosque in the village Tchela in Adigeni municipality. This act blatantly violated existing Georgian legislation, lacked any legitimate interest and has been widely denounced by prominent human rights organizations and Office of Public Defender of Georgia.¹⁵ 

The recent monitoring conducted by Human Rights Center revealed disturbing case of criminal prosecution of a Jehovah Witness, Lela Shvelidze, allegedly due to her religious belonging. Despite the obvious lack of evidence, Lela Shvelidze was charged with the criminal offense of physical assault of her neighbor although the case material indicated quite the opposite. The court found Lela Shvelidze not guilty and the investigation has opened against the possible abuse of power by the law enforcement officers.¹⁶ 

Whether being a woman also contributed to the persecution of Lela Shvelidze is another question to be addressed by the investigation. Discrimination and violence against women reached alarming figures in recent years in Georgia. At least 23 women died in 2014 due to the gender-based violence.¹⁷ According to the official data of Ministry of Internal Affairs of Georgia, 77 acts of physical and 122 acts of psychological violence were observed against women from January to June 2014 in Georgia.¹⁸

UN Committee on the Elimination of Discrimination against Women has recently called on Georgian authorities in its 2014 periodic report on Georgia “to take measures to prevent the growing number of murders of women by their husbands and partners and other forms of domestic violence”.¹⁹ The Committee noted that Georgian government must strengthen its efforts to overcome stereotypical perceptions regarding the role of women and men in the family and in society.²⁰ 

The lawyer of Georgian Young Lawyers Association, Tamar Dekanosidze states: “Alarming scale of femicide in 2014 in Georgia demonstrates that the measures taken by the state authorities against the domestic violence are not effective. In multiple cases the victims had applied to the relevant bodies with the request of protection, but no measures were taken to prevent the violence. Law enforcement bodies still consider domestic violence a private family matter, not serious enough to start the criminal prosecution. Gender basis is not identified in cases of femicides, whether or not committed inside or outside of domestic sphere. We hope that Istanbul Convention will be ratified and thoroughly implemented in domestic legislation to eliminate flaws in legislation as well as in practice.”

According to the 2014 Annual Human Rights Report of Ombudsman of Georgia, when reacting to the instances of domestic violence, law enforcement bodies often obtain written statements from the offenders as the only measure for preventing the reoccurrence of violence. According to the Office of Ombudsman, written statements are completely ineffective and ensure no protection for the victims.²¹

Discrimination at work represents another serious problem for women in Georgia. Lika Jalaghania, project advocacy coordinator at Article 42 of Constitution observes that women often experience discrimination at work due to their family status and obligations. According to her, employers refrain to employ the pregnant women or mothers with young children and women are often fired before the maternity leave or right after it. However, the case is not the same with the men, Lika notes.

 

“Another serious problem is sexual harassment at work. The society lacks tolerance towards the female victims of sexual harassment as they are often blamed for provoking it. Widespread street harassment is often neglected by the victims as well as the law-enforcement bodies. Consequently, these kinds of actions are becoming ordinary.

 

There is no statistics regarding the sexual harassment at work. Women choose not to talk about these issues as they fear the public judgment and losing work. Besides, Georgian legislation does not recognize the sexual harassment that contributes to the insecurity of the victims. The state bodies must acknowledge the negative effects of the harassment and employers must create guidelines that will prevent such facts and maintain healthy and secure work environment” – Lika Jalaghania states. 

Some human rights violations described above have been directly committed by the law enforcement bodies. One of the pressing needs often highlighted by human rights groups in Georgia is the establishment of the independent mechanism which will investigate possible crimes committed by the law enforcement bodies. According to the recent recommendations supported by Open Society Georgia Foundation and UN OHCHR, an independent investigative mechanism which will not function under the command of Office of Chief Prosecutor or any other government institution should be created in Georgia to examine the violations committed by the members of law enforcement bodies. According to the recommendations, this mechanism should be accountable to the Parliament of Georgia and its head should be elected by the 3/5 of the Parliament.²²

 

The proposed model has better guarantees of independence and impartiality than recently created body under the Office of Prosecutor of Georgia the purpose of which is investigation of violations committed during law enforcement.²³ Except for the risk of impartiality due to the direct subordination to the Office of Chief Prosecutor, this body is limited by mandate to investigate only those complaints submitted after October 1, 2012.²⁴ Therefore, it deprives numerous victims a chance to seek justice and redress.

 

Aleko Tskitishvili, executive director of Human Rights Center states that the new department is the only mechanism offered to the thousands of victims of miscarriages of the justice. “Since 2012 parliamentary elections, Human Rights Center has filed numerous compliants to the Office of Prosecutor with the request to investigate the possible crimes committed by the law enforcement bodies. Though one month has passed since the creation of the new department, none of these cases have moved forward. Neither our beneficiaries nor we have been contacted by the Office of Prosecutor. On February 16th of 2015 we reminded the new department regarding these cases. We have received no response” – states Aleko Tskitishvili.

Deputy Director of Human Rights Center, Tamar Avaliani raises important questions regarding the formation of the new department. “The wider public does not know how the new department was formed and how transparent this process was. It is unknown how the prosecutors were selected and whether this department employs individuals who might have questionable past and possible history of misconduct,” – Tamar Avaliani states. 

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1. http://www.netgazeti.ge/GE/105/Life/31605/

2.http://emc.org.ge/2014/05/18/lgbt_pirebze_dzaladobis_analizi/

3.ibid

4.p.14.http://eapnationalplatform.ge/admin/editor/uploads/files/publications/Policy%20Paper_WG1_Umciresobebi_1.pdf

5.ibid

6p.13. https://identoba.files.wordpress.com/2013/09/lgbt-shadow-report-georgia-20131.pdf

7. http://www.economist.com/blogs/easternapproaches/2013/05/gay-rights-georgia

8.https://gyla.ge/eng/news?info=1572

9p. 276-277, 2013 Annual Report of Public Defender of Georgia: http://ombudsman.ge/uploads/other/1/1934.pdf

10.http://www.scribd.com/doc/249013556/%E1%83%A0%E1%83%94%E1%83%9A%E1%83%98%E1%83%92%E1%83%98%E1%83%A3%E1%83%A0%E1%83%98-%E1%83%93%E1%83%90-%E1%83%90%E1%83%A0%E1%83%90%E1%83%A1%E1%83%90%E1%83%9B%E1%83%97%E1%83%90%E1%83%95%E1%83%A0%E1%83%9D%E1%83%91%E1%83%9D-%E1%83%9D%E1%83%A0%E1%83%92%E1%83%90%E1%83%9C%E1%83%98%E1%83%96%E1%83%90%E1%83%AA%E1%83%98%E1%83%94%E1%83%91%E1%83%98%E1%83%A1-%E1%83%9E%E1%83%94%E1%83%A2%E1%83%98%E1%83%AA%E1%83%98%E1%83%90#scribd

11.http://humanrights.ge/index.php?a=main&pid=18085&lang=eng

12.http://dfwatch.net/locals-slaughtered-pig-outside-planned-madrasa-in-georgia-75567-31129

13p. 6-19

http://humanrights.ge/admin/editor/uploads/pdf/%E1%83%90%E1%83%9C%E1%83%92%E1%83%90%E1%83%A0%E1%83%98%E1%83%A8%E1%83%98_%E1%83%A5%E1%83%90%E1%83%A0%E1%83%97%E1%83%A3%E1%83%9A%E1%83%98-%E1%83%A1%E1%83%90%E1%83%91%E1%83%9D%E1%83%9A%E1%83%9D%E1%83%9D.pdf

14.http://humanrights.ge/index.php?a=main&pid=18019&lang=eng

15p.17-19

http://humanrights.ge/admin/editor/uploads/pdf/%E1%83%90%E1%83%9C%E1%83%92%E1%83%90%E1%83%A0%E1%83%98%E1%83%A8%E1%83%98-%E1%83%98%E1%83%9C%E1%83%92-%E1%83%A1%E1%83%90%E1%83%91%E1%83%9D%E1%83%9A%E1%83%9D%E1%83%9D.pdf

16.ibid

17.http://www.hrw.org/world-report/2015/country-chapters/georgia?page=2

18.http://humanrightshouse.org/Articles/20553.html

19.http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/GEO/CO/4-5&Lang=En

20.ibid

21.p. 674; http://ombudsman.ge/uploads/other/2/2439.pdf

22. http://www.netgazeti.ge/GE/105/law/41840/

23.http://www.interpressnews.ge/en/justice/66911-irakli-nadareishvili-to-head-new-department-of-prosecutors-office.html?ar=A

24.ibid