This document is a report of the Public Defender about the situation of human rights and freedoms in the country in 2016. The document was prepared in accordance with paragraph 1 of Article 22 of the Organic Law of Georgia on the Public Defender and will be submitted to the Parliament of Georgia.

The report reviews a wide range of human rights, with particular focus on the positive and negative trends in the reporting period. At the same time, the document brings together the most important recommendations issued by the Public Defender for the various branches of government.

It should be noted that the Parliament of Georgia shared the significant part of the recommendations included in the Public Defender’s report 2015 and adopted a resolution, by which it tasked state agencies to take specific measures. For this purpose, the monitoring of the implementation of the Public Defender’s recommendations is carried out by the Parliament’s Human Rights and Civil Integration Committee. Unfortunately, many important recommendations have not been implemented so far, which creates serious risks in terms of the protection of human rights in the country.

The Public Defender welcomes the amendments made to the Parliament’s Rules of Procedure in the reporting period, which strengthened the procedures of parliamentary control over the hearing and implementation of Public Defender’s recommendations at the legislative level. However, selection of the Public Defender’s recommendations by the Parliament at its own will, as well their reflection in the resolution in an altered form, is not justified, since the resolution may not include the most critical and necessary recommendations aimed at establishing high standards of human rights in the country, which, in turn, may weaken the parliamentary control over the executive government. Therefore, it is advisable the Parliament to reflect the Public Defender's recommendations in its resolution in the form they were given in the Public Defender's report.

In the reporting period, the number of citizens’ applications submitted to the Public Defender's Office was still high. In 2016, 8 827 applications/complaints were submitted to the Public Defender's Office, which refers to the increased awareness of the Public Defender, as well as increased expectations for him.

In the reporting period, a number of state agencies, including the Ministry of Internal Affairs and the Tbilisi City Court, did not provide requested information and materials to the Public Defender on the motive that they had not processed the materials in the form requested, which should be assessed as wrong practice. Such an approach is violation of the law and significantly impedes the Public Defender’s activities. Therefore, it cannot be justified.

In 2016, the Government of Georgia continued carrying out reforms in the justice system and law enforcement agencies under the international and national commitments, though a number of challenges still remained in this direction, including the lack of effective mechanism of civic supervision over the security system.

Adoption of the legislative package, which reflected Public Defender’s one of the main recommendations concerning the introduction of the rule of electronic distribution of cases in the courts, was significantly delayed in the Parliament within the framework of the third wave of the justice reform. The mentioned rule will take effect only in 2018.

In the reporting period, significant criticism was caused by the legislative changes relating to the Constitutional Court, as effective and quick functioning of the Court was put under a question. The Constitutional Court plenum declared a number of legislative amendments unconstitutional, which should be praised.

In 2016, the Public Defender addressed the Parliament and the State Constitutional Commission with an initiative to expand the authority of the Constitutional Court. The initiative, as an exception, allows the possibility to appeal against the decisions of common courts at the Constitutional Court within one year after the law takes effect. This could be a kind of response to the public request for the restoration of justice. However, the initiative was discussed only at the Parliament’s committee meeting and no further reaction was made. At this stage, neither the bill of the State Constitutional Commission has positive feedback.

The obligation imposed by the Prosecutor's Office on the defense in the so-called high-profile cyanide case, i.e. not to disclose case materials publicly, can be described as a violation of the principle of equality of arms, since the Prosecutor's Office itself publicized various details of the case.

The Public Defender welcomes the amendments made to the Code of Imprisonment, according to which, the Public Defender/Special Preventive Group has been authorized to take photos in prison from September 1, 2016.

The Public Defender praises the reduction of the total number of accused and convicted persons[1] in the reporting period, which is still higher than the average indicator of Europe. It is important the country's criminal policy to be focused on the use of non-custodial measures, as well as rehabilitation and social integration of convicts, especially in case of petty crime.

It is still problematic to prevent violence among prisoners, take effective measures against the influence of the prison criminal subculture and keep order in the penitentiary facilities. The abovementioned is caused by many factors, including the lack of rehabilitation and re-socialization activities for the prisoners. The infrastructure of closed institutions does not allow prisoners to be engaged in sports or other activities, which negatively affect their health and well-being. The increasing number of the use of solitary confinement as disciplinary punishment and the lack of common practice of the use of disciplinary penalties remain problematic as well.

The prison administration is still authorized to visually supervise the meetings between accused/convicted persons and the Public Defender/Special Preventive Group members, which is contrary to the principle of confidentiality of such meetings.

The monitoring carried out in 2016 revealed that ill-treatment of detainees by police officers was still a problem. In the reporting period, compared to 2015, the number of persons placed in temporary detention center was reduced, but the number of injured detainees and the number of complaints against police were increased. In particular, the proportion of injured detainees and those who had complaints against police to the total number of detainees was highest in 2016 for the last 4 years. The number of bodily injuries inflicted during or after detention also increased compared to 2015.

In the reporting period, the vicious practice of “interviewing” citizens without their consent in a police car or police station remained a problem, which was indicated in the Public Defender’s parliamentary report 2015 as well. The targets of similar practice are mainly newly released individuals or those, who are reputed by police as a "risk group" due to their criminal records or other reasons.

Safety of citizens is not protected during the risky practice of the so-called "interviewing". We can bring as an example the case of D.S., who committed suicide. The letter, found after his death, which was likely written by him, referred to psychological abuse by police officers for the purpose of detecting drug-related crime. It is necessary to carry out a thorough and effective investigation into the D.S. case in order to find the truth.

The inspection carried out by the Special Preventive Group showed that in some cases the time of bringing detainees to a police station preceded the formal time of detention. In such cases, as a rule, a person is summoned as a witness, certain investigative actions are carried out against him/her and only after that he/she is officially detained. However, when persons are summoned as witnesses, they are not informed of their rights, including to the right to counsel; their personal belongings, including mobile phones, are taken away and thereby they are purposefully deprived of the right to call their families and lawyers.

It is a disturbing tendency that almost half of the detainees in the examined criminal cases did not have lawyers.

The Public Defender praises the approval of instructions of medical service in prison, as well as the introduction of a 5-day period of time for consideration of complaints, the normative regulation of the provision of envelopes to the detainees in order to protect their right to file a confidential complaint and the definition of the minimal term of retention of video recordings. However, proper video coverage of inner and outer perimeters of police stations remained problematic in 2016.

The Public Defender considers that the negative trends of 2015 were, unfortunately, continued in 2016 too. The data processed by the Special Preventive Group show that the use of excessive force by police during the detention, physical and psychological abuse of detainees, improper realization of the procedural rights of detainees and incomplete documentation of bodily injuries remain to be challenges for the police system. Thus, the Public Defender considers that it is particularly important to strictly control the activities of police officers and to increase their accountability. It is necessary police officers to receive clear messages from their chiefs that human rights violations will not remain unpunished.

In 2015, like 2016, the number of cases of alleged ill-treatment by police officers exceeded the number of cases of alleged ill-treatment committed by the officers of the penitentiary facilities. It is also worth noting that compared to 2015, the number of cases when the Public Defender addressed the Prosecutor’s Office with a proposal to launch an investigation into alleged ill-treatment reduced by 1/3. However, unfortunately, the performance of the Prosecutor’s Office in terms of investigation of crimes of torture, inhuman and degrading treatment, as well as punishment of perpetrators, is still ineffective. For the last 4 years, no criminal persecution has been launched with regard to any appeal of the Public Defender concerning alleged ill-treatment. Accordingly, like 2013-2015, the Public Defender’s recommendation concerning the creation of an independent investigative body, which would effectively investigate the cases of alleged ill-treatment committed by officers of the law enforcement agencies and the penitentiary system, remains in force.

Unfortunately, no state-funded legal assistance is provided for the victims of torture at the legislative or practical level.

In the reporting period, the Public Defender paid particular attention to the violations of human rights as a result of the repressive drug policy and appealed to the Constitutional Court to check the regulations of the so-called street testing and the constitutionality of imprisonment as an inhuman punishment for drug crime.

In 2016, violation of the right to privacy and family life or threats relating to violation of this right remained problematic. Video footage showing private life of public persons had been permanently released for several months on the social network and web pages; celebrities were talking about threats against them relating to the release of video footage showing their private life. The Prosecutor's Office has not yet indentified the persons who released the videos or those who threatened certain individuals. No adequate measures have been taken with regard to the release of the video footage showing torture in August either. Continues availability of these recordings is humiliating and painful for the people shown in the videos.

The Public Defender considers that the Prosecutor’s Office has not carried out sufficient efforts for the investigation of the mentioned crimes and calls on the agency to act promptly and effectively, and prosecute all the persons who created, obtained and spread the video footages.

Given the large scales of the cases of violation of privacy and family life, the Public Defender of Georgia was closely watching the legislative amendments drafted by the Parliament with regard to the covert investigative actions in response to the decision of the Constitutional Court. According to the amendments adopted on March1, 2017, an operational-technical agency (LEPL) was set up for the purpose of carrying out covert investigative actions. Although the agency formally has some elements of independence, it remains under the effective control of the State Security Service, which contradicts the Constitutional Court’s decision of April 14, 2016.

In addition, the Law on Electronic Communications still contains a norm, which authorizes state agencies to have continuous opportunity to get the content of communications and to copy identifiable data in real time. The Public Defender considers that the authority of the group of confidence - parliamentary control mechanism, provided by the legislative changes, is ineffective. Inspection is carried out by a member selected by the group of confidence only twice a year, which virtually eliminates participation of the parliamentary opposition in the control mechanism.

Accordingly, the changes are not in line with the decision of the Constitutional Court and cannot be described as a safeguard against the significant risk of unjustified interference with private life.

The Public Defender considers that the steps taken by the Government with regard to the persons arrested or criminally persecuted on political grounds following the large-scale amnesty were unsatisfactory. The process of restoration of justice cannot be limited to issuance of a single act of amnesty, since for full legal rehabilitation of this category of persons, it is important not only to restore their dignity and reputation, but also to justly compensate for the loss illegally inflicted to them by the state.

Despite the legitimate expectations of the public, no legal mechanism, which would allow review of the enacted decisions, as well as restitution of property and compensation for the moral loss caused by unlawful convictions, has been created so far.

Despite the repeated appeals, the results of the investigation into high-profile criminal cases, including the developments of the Lapankuri village, indicated in the Public Defender’s parliamentary reports 2013-2015, are still unknown.

The Public Defender's Office carried out a monitoring project during the 2016 parliamentary elections. The monitoring has not revealed any irregularities, which could have a substantial impact on the final outcome of the elections. The majority of violations concerned low qualifications of members of district election commissions. However, some cases of violence took place in or nearby polling stations, which were not timely responded by the massively mobilized police officers.

No large-scale violation of the right to peaceful assembly has occurred during 2016. However, there were a few exceptions, when the state failed to protect the safety of peaceful demonstrators, including in the village of Kortskheli, Zugdidi municipality, on May 22, 2016. No one has been brought to justice with regard to this incident so far.

The Public Defender considers that the response of law enforcers to the events developed in the city of Batumi on 11-12 March, 2017, when the protest rally quickly went beyond the scope of freedom of expression and turned into a conflict, which resulted in violence, destruction of property and infliction of damage to human health, was late.

In the reporting period, the Public Defender observed the trial of Rustavi 2 TV Company, as well as the developments in the Public Broadcaster. The Public Defender reviews the cases in the context of media freedom and stresses that the danger of unjustified interference with freedom of expression by the authorities should be prevented.

It is necessary to timely initiate a new bill on freedom of information, which will provide a mechanism for monitoring freedom of and access to information and will impose sanctions if provision of public information is illegally refused.

Systemic problems relating to freedom of religion, tolerance and equality remain unchanged. Religious minorities still face obstacles in getting permission from the responsible local authorities for the construction of religious or other types of buildings. National minorities are still less involved in important events of the country and in the decision-making process. Stereotypical materials in school textbooks remain a significant challenge despite the reflection of the issue in the civil equality and integration strategy and action plan.

2016 was difficult for the conflict-affected population on the occupied territories, as well as on the territories under the control of the Georgian authorities. Unlike the previous year, cases of murder and disappearance took place. The stalled negotiations relating to those cases clearly demonstrate the lack of real cooperation between the parties, which hampers the investigation and establishment of the truth. Closure of the checkpoints at Abkhazia’s dividing line should be termed as a step backwards, which will have a negative impact on the rights of local population, including children, to movement, health and education.

Despite the Government's several important infrastructure and social projects, the Public Defender’s recommendations on the involvement of the Gali population in the referral program, consideration of documents issued by the de facto authorities as notes and rehabilitation of houses damaged as a result of conflicts remain unimplemented.

Even though steps were taken for the provision of housing for IPDs, accommodation of IDPs still remains a significant challenge; many refugees still live in dangerous conditions. Even though accommodation of disaster-affected citizens continued in the reporting period, the lack of a unified legal framework is still a problem.

The lack of effective mechanism for monitoring the labour rights and safe work environment was still the most acute problem in 2016, which needs immediate actions by the Parliament and the Government. According to the data of 2016, 58 people were killed and 85 were injured in the accidents occurring in enterprises. The Public Defender considers it necessary to create a mechanism for the supervision of labour conditions and labour safety - labour inspectorate.

The complaints submitted to the Public Defender's Office in the reporting period concerned the problems relating to the registration of land/real estate. New projects of land registration, proper implementation of which is necessary, must be described as a step forward.

Protection of cultural heritage is not properly ensured in the country. Disputes between large private businesses and cultural heritage are settled in favour of large economic interests. Investigations into the destruction of the Sakdrisi-Kachagiani ancient gold mine as well as the destruction of archeological sites during the construction of Ruisi-Rikoti road are still pending.

The current system of environmental impact assessment needs to be changed. Healthy environment is impeded by noise pollution and the lack of effective mechanisms against it. The legislation does not provide for any responsibility for such cases, which is to be timely changed.

The lack of proper definition a homeless person at the legislative level, as well as the lack of statistical data on the homeless people and ambiguity of the scale of homelessness, absence of infrastructure resources and lack of financial resources, remain problematic. The current system of social assistance needs to be revised due to the software deficiencies.

Political importance of the repatriation of the persons forcedly displaced from southern Georgia remains a subject of discussion. Despite the simplified procedures of getting citizenship, only few persons with the status of repatriates could get Georgian citizenship.

Compared to previous years, the number of asylum seekers decreased in Georgia in 2016. Adoption of a new Law on the International Protection, which is in compliance with the international norms, must be praised, though the law provides for an unreasonably long term for consideration of an application for international protection.

Even though positive changes were carried out by the state in 2016, consideration, protection and promotion of child’s rights remain problematic. The measures taken for the elimination of violence against children, extreme poverty and violation of child’s rights are insufficient. The rights situation of children beyond the state care, or those who still remain in the state care, has not essentially changed.

The high rate of violence against children in families, care and educational institutions is among the challenges facing the state. Child poverty and improper living conditions are among the unsolved problems, which, in turn, cause the problem of improper nutrition of children.

Despite the fact that 3 years have passed since the adoption of the Law on Elimination of All Forms of Discrimination, there are problematic issues which hamper the effective implementation of the law. Even though the Parliament’s Human Rights and Civil Integration Committee initiated the Public Defender’s legislative proposal concerning the necessity for making amendments to the law within the framework of the so-called first wave in 2015, the issue still remains to be a challenge.

In the fight against discrimination, it is important to raise public awareness of equality issues and provide a tolerant atmosphere.

The grave situation of women’s rights and gender equality has not changed essentially in the reporting period. Women’s participation in the decision-making process is still critically low. The lack of inter-sector approach of the state is a problem, which, in turn, creates obstacles in reflection of problems of women with various experiences and increases the degree of their vulnerability.

Systemic shortcomings became clear as the number of applications concerning violence against women and domestic violence increased, which is a significant obstacle in terms of effective response to and elimination of problems. Low public awareness about early marriage and negligence towards the issue, which often lead to violation of child’s best interests, is also a problem.

The rights situation of the LGBT persons isespecially grave. The steps taken by the state in response to the existing homophobic and transphobic attitudes are minimal and formal. Unfortunately, the LGBT persons cannot create agenda of their rights and legal situation. It is important the authorities to take measures for the prevention and elimination of homophobic actions and realization of the LGBT persons’ rights and freedoms enshrined in the constitution.

Social protection of persons with disabilities, realization of their right to adequate housing and their employment are problematic. Among other problems are: provision of physical environment, infrastructure, access to information and transportation. The process of inclusive education is faulty. Significant part of persons with disabilities, especially in regions, is not engaged in this process. In addition, the degree and continuity of education are problematic.

Two years have passed since the ratification of the UN Convention on the Rights of Persons with Disabilities. Despite this, effective implementation of the Convention is a problem. Despite a number of Public Defender’s recommendations, the Optional Protocol to the Convention has not been ratified yet. No essential changes have been carried out for bringing the national legislation in line with the requirements of the Convention.

The rights situation of older persons cannot meet international standards. Provision of adequate housing, as well as support to the realization of social and economic rights, is a problem. The situation of older persons in the residential facilities is a challenge as well.

No essential changes have been carried out by the local self-governments for the protection of the rights of older persons. The needs of older persons living in the municipalities have not been properly studied and no targeted programs have been planned in their interests.

See the electronic version of the report