Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports that the government or its agents committed arbitrary or unlawful killings. The State Inspector’s Service investigates whether security force killings were justifiable and pursues prosecutions. There was at least one report that de facto authorities in the Russian-occupied regions of the country committed an arbitrary or unlawful killing.
On July 7, Rustavi City Court convicted three Internal Affairs Ministry police officers, Mikheil Ghubianuri, Dimitri Dughashvili, and Davit Mirotadze, for deprivation of liberty and sentenced Dughashvili to nine years in prison and Mirotadze and Ghubianuri to a maximum of 10 years in prison. The convictions followed the October 2019 discovery of the body of David Mumladze, who disappeared earlier that month. Authorities arrested the three officers and charged them with illegally detaining Mumladze. The officers allegedly delivered Mumladze to members of a criminal group, who stabbed him and threw his body into a river.
On January 25, the Prosecutor General’s Office terminated its investigation into the 2018 death of 18-year-old Temirlan Machalikashvili from gunshot wounds inflicted by security forces during a 2017 counterterrorism raid in the Pankisi Gorge. According to the Prosecutor General’s Office, the investigation was terminated due to the absence of a crime. In her annual report covering 2019, released on April 2, the public defender stated that after reviewing the case file in February, she had asked the prosecutor general to reopen the investigation. She considered it “imperative” to reopen the investigation as “several important investigative actions” had not been conducted. Machalikashvili’s father, Malkhaz, alleged the killing was unjustified. The Public Defender’s Office emphasized the importance of a transparent, objective, and timely investigation; nongovernmental organizations (NGOs) criticized the subsequent investigation as lacking integrity. In August 2019 Malkhaz Machalikashvili began a nationwide campaign to collect signatures to force parliament to establish a fact-finding commission. In 2019 the public defender asked parliament to question the Prosecutor General’s Office regarding the investigation, stating this would “demonstrate systemic problems” in the office. In October 2019 the European Court of Human Rights (ECHR) opened discussion of the case.
The trial for the 2008 death of Badri Patarkatsishvili continued as of August. The trial began in March 2019, following an investigation begun in 2018 by the Prosecutor General’s Office (then known as the Chief Prosecutor’s Office) after releasing audio tapes dating back to 2007 in which former government officials were heard discussing methods of killing Patarkatsishvili that would make death appear natural. A former official of the Internal Affairs Ministry’s Constitutional Security Department, Giorgi Merebashvili, was charged with participating in planning the killing. In November 2019 authorities charged four former officials of the department–Gia Dgebuadze, David Kokiashvili, Ilia Gamgebeli, and Levan Kargadava–with abuse of power and illegal detention for allegedly arranging the arrest of Jemal Shamatava, an Ureki police chief, after Shamatava warned Patarkatsishvili of a potential attack in 2006. On July 27, the Tbilisi City Court found the four defendants guilty. Levan Kargadava and Gia Dgebuadze each received seven years and six months’ imprisonment, and David Kokiashvili and Ilia Gamgebeli entered a plea agreement and received 18 months’ imprisonment.
In November 2019 the Prosecutor General’s Office charged former justice minister Zurab Adeishvili and the leader of opposition party Victorious Georgia, Irakli Okruashvili, with abuse of power in connection with the 2004 killing of Amiran (Buta) Robakidze. The trial at Tbilisi City Court–which began later that month–continued as of December. On December 2, hearings in the cases of Okruashvili and several other high-profile defendants were postponed indefinitely due to COVID-19 safety concerns.
There was at least one report that de facto authorities in the Russian-occupied regions of the country committed an unlawful killing. On August 28, Inal Jabiev, age 28, reportedly died in the custody of de facto South Ossetian police and was allegedly tortured to death. He was detained on August 26 on charges of attempting to assault de facto “minister of internal affairs” Igor Naniev on August 17. No one was injured during the incident. Jabiev’s reported death sparked widespread protests in occupied South Ossetia leading to the removal of Naniev, the resignation of the de facto “prime minister,” and the dissolution of the “government” by the de facto “president.”
There were no reports of disappearances by or on behalf of government authorities.
The government’s investigation into the reported abduction and forced rendition of Azerbaijani freelance journalist and activist Afgan Mukhtarli from Georgia to Azerbaijan by government officials, begun in 2017, remained stalled. During the year the Public Defender’s Office, local and international NGOs, and the international community continued to express concerns regarding impunity for government officials in connection with the Mukhtarli case. Following Mukhtarli’s March 17 release from Azerbaijani prison and arrival in Germany where his family resided in exile, the Prosecutor General’s Office sought German approval to interview Mukhtarli. On October 1, the Prosecutor General’s Office received the results of a July 27 German police interview, and the investigation continued as of December. In her April report, the public defender noted that after Mukhtarli’s release from prison, he attributed his abduction to an agreement between senior Azerbaijani and Georgian government officials. Concerns of government involvement in Mukhtarli’s disappearance from Tbilisi and arrest on the Azerbaijan-Georgia border therefore continued.
More than 2,300 individuals remained missing following the 1992-93 war in Abkhazia and the 2008 Russia-Georgia conflict, according to the International Committee of the Red Cross (ICRC). During the year the government did not make significant progress on investigating the disappearances of ethnic Ossetians Alan Khachirov, Alan Khugaev, and Soltan Pliev, who disappeared in 2008.
In October 2019 the government created the Interagency Commission on Missing Persons in line with ICRC recommendations. The government convened the first meeting of the commission but suspended subsequent sessions due to COVID-19.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
While the constitution and law prohibit such practices, there were reports government officials employed them. In her July 9 report to the United Nations in advance of Georgia’s Universal Periodic Review, the public defender described effective investigation into alleged mistreatment as “a systemic problem.” She reported that of 107 requests for investigation her office sent to the Prosecutor’s Office between 2013 and 2019, the responsible person was not identified in any of the cases.
As of December the Public Defender’s Office asked the State Inspector’s Service to investigate 40 alleged cases of human rights violations in government institutions, 19 of which concerned violations allegedly committed by Internal Affairs Ministry personnel, 18 involved alleged crimes committed by penitentiary department staff, and one allegedly involved Justice Ministry staff. In two of the 40 requests, the responsible agency was not clear. The State Inspector’s Service opened investigations into 256 cases. Eleven investigations were in response to the Public Defenders Office’s request. The State Inspector’s Service directed five investigations to other investigative agencies and did not identify elements of a crime in four cases. An investigation of one case continued at year’s end.
As of October the Georgian Young Lawyers’ Association (GYLA) reported it consulted on six allegations and submitted one complaint of cruel, inhuman, or degrading treatment in prisons or by law enforcement agencies to the Prosecutor General’s Office for investigation, compared with 25 for 2019.
Trials against three police officers stemming from the June 2019 protests were underway at year’s end. The officers were charged with exceeding authority by using violence or weapons, which is punishable by up to eight years’ imprisonment and deprivation of the right to hold public office for up to three years (see section 2.b., Freedom of Assembly).
The trial of Detective Investigator Konstantine Kochishvili for allegedly physically assaulting a minor by spitting in his face and beating him in February 2019 continued as of December. During the course of the beating, Kochishvili reportedly broke the minor’s arm. In May 2019 authorities arrested Kochishvili and charged him with degrading and inhuman treatment. On February 26, the Rustavi City Court released the defendant on bail of 5,000 lari ($1,500).
As of year’s end, several former officials remained on trial at Tbilisi City Court in various cases of torture and other crimes allegedly committed under the former government. The officials included the former deputy chief of the general staff, Giorgi Kalandadze; the former deputy culture minister, Giorgi Udesiani; and the former director of Gldani No. 8 prison, Aleksandre Mukhadze (see section 1.d.).
On September 7, police officer Mariana Choloiani was convicted in the Tbilisi City Court of obtaining testimony under duress during a December 2019 interrogation and was sentenced to three years’ imprisonment. Choloiani used threats and intimidation to extract self-incriminating testimony from 15-year-old Luka Siradze regarding vandalism of a school. After his interrogation, Siradze committed suicide.
While overall prison and detention facility conditions were adequate, conditions in some older facilities lacked sufficient ventilation, natural light, minimum living space, and adequate health care. Prison conditions in Russian-occupied Abkhazia and South Ossetia were reported to be chronically substandard.
Physical Conditions: The public defender’s 2019 report, released in April, noted overcrowding remained a problem in some prison facilities, especially prisons 2, 8, 14, 15, and 17.
In previous years’ reports, NGOs expressed serious concern regarding a tendency of prisons visited to place prisoners in “de-escalation rooms” for up to 72 hours or shorter time intervals over a number of days. The same problem was highlighted in multiple “prison visit” reports and an annual report of the public defender’s National Preventive Mechanism (NPM). According to the Public Defender’s Office, “de-escalation rooms” were used as punishment, and their use was considered mistreatment of inmates.
While physical conditions in temporary detention isolators were “on the whole acceptable,” the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its 2018 visit to the country also highlighted several other deficiencies, including minimum living space, and the placement of remand prisoners with inmates at large facilities (prisons 2 and 8). Inmate-on-inmate violence, criminal subcultures, and informal management by selected prisoners remained persistent problems.
The Public Defender’s Office reported an increase in inmate-on-inmate violence, which in most cases was underreported and never investigated.
The NPM’s annual report identified informal management by “strong inmates” (“watchers”), as one of the most concerning issues. Some members of prison management acknowledged the problem. The Public Defender’s Office raised the issue and requested assistance from the administration at public hearings. Subsequently, the Special Penitentiary Service began restricting the public defender’s staff’s access to prisons. According to the public defender and NGOs, the Ministry of Justice refused to acknowledge the “watchers” and the danger they represented to inmates and the outside world upon release. The Public Defender’s Office reported such informal control “often leads to interprisoner violence and bullying,” and “watchers” controlled prisoners’ access to clothing, food, medicine, and packages sent from their families. Some prisoner victims of “watchers” requested transfer to high-risk prisons or self-isolation to escape, increasing risks of mental health issues among the prison population. In December members of the Public Defender’s Office reported being verbally and physically harassed by a “watcher” in prison number 8. Although number 8 was a “closed” prison, “watchers” roamed freely outside their cells.
The Public Defender’s Office 2019 annual report, released in April, stated cell toilets for detainees generally were only partially screened, and criminal suspects had limited access to a shower, outdoor exercise, as well as no family contacts or telephone calls. Lack of fresh air and activities were problematic at closed institutions. Inmates in “closed” prisons (2 and 8) were locked up for 23 hours a day with limited or no access to rehabilitation and resocialization services; this was especially problematic for inmates with mental health issues.
While the Ministry of Justice maintained a special medical unit for prisoners with disabilities, the Public Defender’s Office reported prisons and temporary detention centers did not take into account the needs of persons with disabilities, including for medical services. The office also noted the majority of institutions failed to compile data on and register the needs of persons with disabilities. According to the Special Penitentiary Service, some facilities began to adapt their infrastructure to accommodate persons with disabilities (see section 6, Persons with Disabilities).
Mental health care remained inadequate within the penitentiary system. There was no national strategy for treating prisoners with mental disabilities. Initial screening of prisoners’ mental health using a specialized instrument occurred only at prisons 2 and 8; multiple screenings did not happen at any institution. The system lacked qualified social workers, psychologists, psychiatrists, and ward-based staff.
In its 2018 visit to three psychiatric hospitals, the CPT found many patients lived in “woefully dilapidated and sometimes overcrowded dormitories, which lacked privacy and failed to ensure patients’ dignity.” The CPT also reported a shortage of psychiatrists and ward-based staff. There were no significant changes or improvements reported since this assessment.
Administration: The Public Defender’s Office noted there was only one ombudsperson authorized to respond to complaints by prisoners and reported that obstacles, such as a lack of information on their rights, fear of intimidation, distrust of the outcome, and lack of confidentiality, could deter prisoners from filing complaints with judicial authorities. According to the NPM’s 2019 annual report, the number of complaints from semiopen prisons decreased, which may be explained by the informal “watcher” system. Staffing levels of one security officer to more than 100 inmates were inadequate at semiopen facilities and created an insecure environment for both inmates and administration. According to the office, records on registering and distributing detainees in temporary detention centers were often incomplete or erroneous.
Independent Monitoring: The government permitted independent monitoring of prison conditions by international prison monitoring organizations, including the CPT, the International Corrections Management Training Center, and some local and international human rights groups. The NPM had access to penitentiaries, conducted planned and unscheduled visits, and was allowed to take photographs during monitoring visits. NPM members, however, did not have unimpeded access to video recordings of developments in penitentiaries and inmate medical files, as well as some disciplinary proceedings for inmates.
The law prohibits video or audio surveillance of meetings between the Public Defender’s Office and prison inmates. Within hours of Public Defender Nino Lomjaria’s January 21 special report on prisons, however, Justice Minister Tea Tsulukiani released a video recording of a Public Defender’s Office representative’s prison visit. The public defender and NGOs questioned how the Justice Ministry acquired the recording, given the prohibition on surveillance of the office’s representatives’ meetings with inmates. The Justice Ministry’s Special Penitentiary Service also informed journalists the public defender met with three named prisoners, including two former senior opposition figures, on January 23. The public defender asked the Prosecutor General’s Office to investigate, but the office refused to do so.
The ICRC had full access to prisons and detention facilities in undisputed Georgian territory and some access to facilities in South Ossetia. The ICRC originally did not have access to Zaza Gakheladze, who was detained July 11 by Russian “border guards” along the South Ossetia administrative boundary line, but the ICRC reported access multiple times as of year’s end. Gakheladze suffered a leg wound during detention and was hospitalized. On July 27, de facto authorities transferred him to a pretrial detention facility in occupied South Ossetia. The ICRC generally did not have access to prisons and detention facilities in Abkhazia. The ICRC reported it had an ad hoc visit to one detainee in Abkhazia during the year.
Improvements: An October 2019 report supported by the UN Development Program on Georgia’s implementation of the National Strategy for the Protection of Human Rights 2014-2020 noted there was “significant improvement” in resolving prison overcrowding during this period.
The role of social work significantly increased following the July 2018 merger of the penitentiary system into the Ministry of Justice. Recent reforms clearly defined the terms of reference for case managers (professional social workers responsible for risks and needs assessment of inmates and provision of relevant interventions/services) and case administrators (responsible for technical assistance and coordination of low-risk cases). The goal of separating the two functions was to promote professional social work and stop employing representatives of other professions as “social workers” with multiple job functions.
The penitentiary system revised its risk and needs assessment with the support of the EU-funded Penitentiary and Probation Support Project. The assessment was piloted in penitentiary establishments and probation bureaus and was fully implemented in prisons 5, 11, and 16 by mid-December.
During the year the Ministry of Justice replaced its Prison and Probation Training Center with the new Vocational and Educational Center for Offenders, which focused on creating “out of cell” activities for inmates, helping inmates develop necessary skills to find jobs in prisons and outside, and working with the private sector to introduce prison industries into the penitentiary system. The penitentiary service also established a new escort unit to provide safe and secure transportation of inmates within the country.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government’s observance of these prohibitions was uneven, and reports of arbitrary arrests continued.
Law enforcement officers must have a warrant to make an arrest except in limited cases. The criminal procedure code provides that an arrest warrant may be obtained only where probable cause is shown that a person committed a crime for which conviction is punishable by imprisonment and that the individual may abscond or fail to appear in court, destroy evidence, or commit another crime. GYLA noted the law did not explicitly specify the role and powers of a judge in reviewing the lawfulness of arrests and that courts often failed to examine the factual circumstances of the detention.
Upon arrest a detainee must be advised of his or her legal rights. Any statement made after arrest but before a detainee is advised of his or her rights is inadmissible in court. The arresting officer must immediately take a detainee to the nearest police station and record the arrest, providing a copy to the detainee and his or her attorney. The Public Defender’s Office reported, however, maintenance of police station logbooks was haphazard and that in a number of cases the logbooks did not establish the date and time of an arrest.
Detainees must be indicted within 48 hours and taken to court within 72 hours. Anyone taken into custody on administrative grounds has the right to be heard in court within 12 hours after detention. Violating these time limits results in the immediate release of the person.
The law permits alternatives to detention. NGOs and court observers reported the judiciary failed to use alternative measures adequately. The government also lacked a monitoring mechanism for defendants not in custody.
Detainees have the right to request immediate access to a lawyer of their choice and the right to refuse to make a statement in the absence of counsel. An indigent defendant charged with a crime has the right to counsel appointed at public expense. As a result of government income requirements, however, many low-income defendants were ineligible for government aid but could not afford counsel during critical stages of criminal proceedings.
Detainees facing possible criminal charges have the right to have their families notified by the prosecutor or the investigator within three hours of arrest; persons charged with administrative offenses have the right to notify family upon request. The public defender’s 2018 report noted improvement in the observance of this right: families were notified within three hours of arrest in 82 percent of cases examined in 2018, compared with 71 percent of cases in 2017. The law requires the case prosecutor to approve requests by persons in pretrial detention to contact their family.
Witnesses have the right to refuse to be interviewed by law enforcement officials for certain criminal offenses. In such instances prosecutors and investigators may petition the court to compel a witness to be interviewed if they have proof that the witness has “necessary information.” The Public Defender’s Office reported that police continued to summon individuals as “witnesses” and later arrested them. According to the defender’s office, police used “involuntary interviews” of subjects, often in police cars or at police stations. The public defender’s annual report for 2019 noted that police regularly failed to advise interviewees of their rights prior to initiating interviews and failed to maintain records of individuals interviewed in police stations or vehicles.
Concerns persisted regarding authorities’ use of administrative detention to detain individuals for up to 15 days without the right to an effective defense, defined standards of proof, and the right to a meaningful appeal.
Arbitrary Arrest: Reports of arbitrary detentions continued. In one example, on October 7, authorities arrested two former members of the government Commission on Delimitation and Demarcation, Iveri Melashvili and Natalia Ilychova. The Prosecutor General’s Office charged them with attempting to violate the country’s territorial integrity during the commission’s work in 2005-07 on the state border with Azerbaijan. On October 8, they were remanded to two months of pretrial detention. Georgian NGOs and political opposition contacts described the “cartographers’ case” as politically motivated, highlighting the timing of the investigation in the pretrial period. Partisan statements by senior ruling party officials linking the case to the elections reinforced these concerns. On November 30, the Tbilisi City Court upheld the pretrial detention sentence, which the defendants’ attorneys said they would appeal. The case occurred during the violent conflict between Azerbaijan and Armenia in Nagorno-Karabakh, increasing tension in the country’s already destabilized border region.
The Public Defender’s Office and local NGOs issued reports describing unsubstantiated detentions of demonstrators in connection with the June 2019 protests (see section 2.b.). For example, in the annual report covering 2019 released in April, the public defender stated the majority of protesters who were arrested were charged with violations of the code of administrative offenses; the public defender described the contents of the violations and arrest reports as “mostly identical and…formulaic.” On June 24, the Human Rights Center reported the court agreed to the pretrial detention of “all accused protesters based on banal, abstract, and often identical solicitations of the prosecutors.”
As of year’s end, the trial of former justice minister Zurab Adeishvili continued in the Tbilisi City Court. In 2016 the Chief Prosecutor’s Office charged Adeishvili in absentia in connection with the alleged illegal detention and kidnapping of a former opposition leader, Koba Davitashvili, in 2007.
There were frequent reports of detentions of Georgians along the administrative boundary lines of both the Russian-occupied regions of Abkhazia and South Ossetia. For example, de facto South Ossetian authorities unlawfully detained Genadi Bestaev in November 2019, Khvicha Mghebrishvili on July 3, and Zaza Gakheladze on July 11. Khvicha Mghebrishvili was released on September 25, but Bestaev and Gakheladze remained in custody as of December 31.
Pretrial Detention: According to Supreme Court statistics, during the first nine months of the year, of 7,507 defendants presented to the court for pretrial detention, trial courts applied pretrial detention in 47.9 percent of cases, compared with 48.3 percent for the same period in 2019.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: There is no meaningful judicial review provided by the code of administrative violations for an administrative detention.
Although the constitution and law provide for an independent judiciary, there remained indications of interference in judicial independence and impartiality. Judges were vulnerable to political pressure from within and outside the judiciary.
The Public Defender’s Office, the Coalition for an Independent and Transparent Judiciary, and the international community continued to raise concerns regarding a lack of judicial independence. During the year they highlighted problems, including the influence of a group of judges primarily consisting of High Council of Justice members and court chairs that allegedly stifled critical opinions within the judiciary and obstructed proposals to strengthen judicial independence. NGOs referred to this group of influential and nonreformist judges as the “clan.” Other problems they highlighted included the impact of the High Council’s powers on the independence of individual judges, manipulation of the case distribution system, a lack of transparency in the High Council’s activities, and shortcomings in the High Council’s appointments of judges and court chairpersons.
The Public Defender’s Office, the Coalition for an Independent and Transparent Judiciary, and the international community continued to highlight shortcomings in the 2017 legislative package informally known as the “third wave of judicial reform.” They pointed to problems in the laws’ implementation and highlighted challenges to judicial independence, including flawed processes for selecting judges at all court levels, many to lifetime appointments, which left the judiciary vulnerable to political influence.
In December 2019 parliament passed a “fourth wave” of judicial reform. The legislation incorporated several key provisions, based on best international practices, that aim to create greater transparency, accountability, and independence in the judiciary, in areas such as judicial discipline, appointment, and caseload management. The package, however, left the authority to select individual court chairs with the High Council of Justice; NGOs warned this power would allow the High Council to continue to influence individual judges. NGOs reported one of the levers court chairs used to influence the outcomes of cases was creating narrowly specialized chambers in larger courts to manipulate the randomized case assignment process. At their sole discretion, court chairpersons assigned judges to narrowly specialized chambers without any clear rules or pre-established criteria. A court chairperson could at any time reshuffle the composition of narrowly specialized chambers and change the specialization of a judge. Chairpersons were not legally required to substantiate such a decision.
The long-standing practice of transferring judges from one court to another also remained a problem. The decisions regarding transfers were made by the High Council of Justice; however, these decisions were unsubstantiated. NGOs warned of transfers of judges without competition to the administrative chambers and boards two months prior to the October 31 parliamentary elections in the three most strategic and overcrowded courts, the Tbilisi and Kutaisi Courts of Appeal and the Tbilisi City Court.
Administrative chambers adjudicate election disputes. Most of the judges transferred to administrative chambers panels were affiliated with the “clan,” and almost all of them were associated with high-profile cases.
NGOs reported the courts did not serve as an effective check over election administration bodies following the October 31 parliamentary elections while reviewing appeals against decisions made by the Precinct and District Election Commission. According to statistics published on November 12 by the High Court of Justice, 96 election disputes reached the court system. The courts sustained only 16 percent of them.
In one case, Bolnisi Court, followed by the Tbilisi Court of Appeals, declined to annul the votes in a precinct or order a repeat vote after video evidence showed that one person illegally voted in the same precinct several times in Bolnisi.
NGOs alleged the High Council of Justice purposefully failed to address the problematic caseload backlog in courts in order to maintain a powerful lever for influencing judges. Because of the backlog, the vast majority of judges failed to comply with statutory terms for case review, which can be subject to judicial discipline. According to the Office of the Inspector for Judicial Discipline under the High Council of Justice, 40 of 60 complaints reported in the first quarter of the year concerned case delays.
Despite these “waves” of reforms, on June 23, the Coalition for an Independent and Transparent Judiciary stated, “During almost 30 years since the declaration of Georgia’s independence, the country still has not managed to build an independent judiciary. Regrettably, we are still talking about political influences and corruption in the courts. The latter still do not manage to restrain and control the other branches of government, while judicial decisions do not essentially comply with human rights standards and fairness.” The coalition blamed what it described as “clan-based governance” within the judiciary for the failure of the “waves” of reforms to alter the court system significantly.
According to the law, the Conference of Judges is a judicial self-governing body composed of all judges in the country’s courts. During a convocation of the body that convened on October 30, participants elected two new judge-members and a secretary of the High Court of Justice. The Coalition for an Independent and Transparent Judiciary criticized the decision to hold the session a day before the parliamentary elections and select two new members and a secretary, stating the timing raised concerns regarding “the judicial clan’s” intention to occupy strategically important and influential positions in the court system with an aim to ensure the four-year presence of members loyal and acceptable to the clan in the High Council of Justice.
In May 2019 parliament adopted amendments regulating the selection of Supreme Court judges. In September 2019 the Organization for Security and Cooperation in Europe’s (OSCE) Office of Democratic Institutions and Human Rights (ODIHR) released a report critical of the amendments and the High Council’s Supreme Court judge selection process. The ODIHR concluded the amendments fell short of providing for an open, transparent, and merit-based selection system and were not fully in line with international standards. The ODIHR identified several shortcomings in the High Council of Justice’s selection process and criticized its interviews of Supreme Court nominees as “highly dysfunctional and unprofessional.” It also noted the lack of transparency in the process could violate Article 6 of the European Convention on Human Rights, which provides basic provisions for an independent and impartial tribunal.
Following a lengthy process of public hearings, during which a number of candidates had difficulty demonstrating expertise or independence, in December 2019 parliament appointed 14 of the High Council’s 20 nominees to lifetime appointments on the Supreme Court. The Coalition for an Independent and Transparent Judiciary described the 14 appointed judges as “loyal to the clan.”
In a case submitted to the Constitutional Court in November 2019, the Public Defender’s Office challenged the constitutionality of the amendments regulating the Supreme Court selection process, arguing they violated the right to a fair trial. On July 30, by a split vote of four to four, the Constitutional Court Plenum rejected the office’s claim and ruled the High Council’s selection process was constitutional. The Public Defender’s Office responded that the decision violated the principle of transparency and further eroded trust in the judiciary. On September 16, the independent media outlet Civil.ge reported, “The July 30 ruling confirmed yet again the nearly complete takeover of all instances and branches of the Georgian judicial system by the ruling Georgian Dream party.” On October 23, Transparency International (TI) Georgia reported the judiciary had become fully controlled by a group of judges referred to as the “clan.”
During the period from April to May, the Supreme Court Plenum appointed two controversial judges to the Constitutional Court. NGOs criticized the opaque process and noted the selection decisions took place behind closed doors, candidate information was not shared prior to appointment, and the public did not have a chance to comment about candidates’ fitness for the job.
Several NGOs noted public confidence in the appointments required open processes that allowed for public comment. The Coalition for an Independent and Transparent Judiciary expressed “serious concerns” about the qualifications and integrity of the two judges and attributed their appointment to their “loyalty to the clan.”
In June the High Council of Justice announced an open competition for 99 vacant judicial positions. The High Council had not used open competition to fill trial court and Court of Appeals vacancies since 2018. On November 18, the High Council of Justice concluded the competition by filling only 36 judicial vacancies. As a result of the competition, 24 new judges, who were High School of Justice graduates, entered the system. Moreover, the High Council of Justice reappointed four sitting and eight former judges. Three candidates were appointed in appellate courts, leaving 10 positions vacant, and 33 candidates were appointed in the courts of the first instance, leaving 53 vacancies. Under the “fourth wave” of judicial reform legislation, the High Council of Justice is required to provide reasoning for the appointment or rejection of judicial candidates. By year’s end it had not done so.
On September 30, parliament amended the Law on Common Courts to improve the controversial selection process for Supreme Court judges by requiring the High Council of Justice to provide justification at several stages of the selection process, while also providing the right to appeal High Council decisions. Parliament’s Georgian Dream ruling party had requested a Venice Commission opinion on the amendments but approved the amendments rather than wait for the commission’s opinion. An EU representative described the parliament’s vote as a missed opportunity to foster public confidence in the selection process. The amended law went into effect on October 5.
Access to court decisions was restricted. Despite a June 2019 constitutional ruling that obliged parliament to provide public access to court decisions by the standards established by the Constitutional Court, parliament failed to comply with the obligation. Courts stopped publishing decisions on May 1.
The constitution and law provide for the right to a fair and public trial. The Public Defender’s Office reported numerous violations of the right to a fair trial, and NGOs noted this right was not enforced in some high-profile, politically sensitive cases (see Political Prisoners and Detainees below). NGOs reported courts were inconsistent in their approaches to closing hearings to the public and at times did not provide an explanation for holding a closed hearing.
Defendants are presumed innocent and must be informed promptly and in detail of the charges against them, with free interpretation as necessary. Defendants have a right to be present at their trial and to have a public trial except where national security, privacy, or protection of a juvenile is involved.
The law allows for trial in absentia in certain cases where the defendant has left the country. The code on administrative offenses does not provide the necessary due process provisions, especially when dealing with violations that could result in a defendant’s loss of liberty.
On March 21, the president declared a state of emergency in response to the COVID-19 pandemic. Under the state of emergency, remote court hearings via electronic means of communication were possible. In May parliament amended the criminal procedure code (CPC) to permit remote criminal court hearings until July 15. In July amendments were made to permit remote criminal hearings until January 2021. December amendments permitted remote criminal hearings until July 1, 2021. The use of remote litigation was not consistently applied. Some judges and court users opposed any form of video conferencing in court proceedings. The low quality of voice and image transmission during video conferences, an insufficient number of properly equipped courtrooms, and the small number of video rooms in places of detention made remote proceedings difficult. During this time NGO representatives, who were largely barred from monitoring court proceedings, and legal professionals expressed concerns that remote litigation posed challenges for the right of the accused to a public hearing and impeded secure, confidential communication with defendants and access to evidence. They also noted remote litigation caused delays due to technical difficulties and witness intimidation when witnesses were physically present in a police station.
The law does not prescribe a maximum period for investigation of cases but stipulates a maximum period, nine months, for pretrial detention. If courts do not complete a case within this period, defendants must be released from pretrial detention pending completion of the trial. The criminal procedure code requires trial courts to issue a verdict within 24 months of completing a pretrial hearing.
In its report covering March 2019 through February, GYLA noted unreasonable delays in cases and court hearings were a serious factor in limiting the right to timely justice. The requirement of a continuous trial was met only in jury trial cases. GYLA also reported weak reasoning in court judgments and judges’ inability to maintain order in many cases. In its annual report for 2019 released in April, the Public Defender’s Office highlighted consideration of criminal cases was often delayed, going unreasonably beyond the terms determined by legislation, particularly in appeals courts and in administrative cases appealed by prisoners. The office also highlighted unreasonable delays–sometimes for five months–in courts’ handing decisions to parties and shortcomings in the examination of civil and administrative cases by appellate courts within the statutory time limit.
Examples of delayed proceedings included the cases of Temur Barabadze and founding Millennium Challenge Fund Georgia CEO Lasha Shanidze and his father, Shalva. The Shanidzes were convicted of embezzlement in 2011 after Barabadze testified against them. Barabadze later recanted his testimony, but a judicial review of the Shanidzes’ case continued to await the resolution of Barabadze’s case, also on charges of embezzlement. Hearings for Barabadze, however, did not begin until 2017. The trial court acquitted him in 2018, but the appellate court convicted him on the less serious charge of abuse of power following an appeal. In April 2019 prosecutors appealed the Tbilisi Appellate Court decision convicting Barabadze on lesser charges to the Supreme Court. The case was awaiting a Supreme Court decision as of year’s end.
Defendants have the right to meet with an attorney of their choice without hindrance, supervision, or undue restriction. Defendants enjoy the right to have an attorney provided at public expense if they are indigent, but many defendants and their attorneys did not always have adequate time and facilities to prepare a defense. In April the Public Defender’s Office reported positive changes made by the state in 2019 resulted in more frequent involvement of a lawyer in a case within the first 24 hours.
GYLA monitored online criminal trials during the March-June period. According to GYLA’s report, plea agreement court hearings, as well as pretrial and merits hearings, showed the defense was unable to establish effective communication with defendants remanded in penitentiary institutions due to emergency state restrictions. During virtual court hearings, several lawyers requested permission to have a conversation with the accused privately, yet the secretary of the session explained he or she would not be able to ensure the confidentiality of the conversation with the accused.
In criminal proceedings defendants and their attorneys have the right of access to prosecution evidence relevant to their cases no later than five days before the pretrial hearing and may make copies. Defendants have the right to question and confront witnesses against them and to present witnesses and evidence on their own behalf at trial. Defendants have the right to refuse to testify or incriminate themselves.
The Public Defender’s Office, civil society, and the international community recognized the administrative code lacked some due process provisions, since the law allows for those found guilty of administrative offenses to be punished with imprisonment without the due process provisions afforded to defendants charged under the criminal code.
Although a defendant generally has the right to appeal a conviction, making an effective appeal under the administrative code is difficult. By law defendants have 30 days to file an appeal once they receive the court’s written and reasoned judgment. Administrative sentences that entail incarceration must be appealed within 48 hours and other sentences within 10 days.
On May 22, parliament amended the code of administrative offenses to conform with standards set by the Constitutional Court. The amendments made it easier to appeal administrative penalties, including appeals of 15-day administrative detentions. These amendments followed a previous round of November 2019 administrative code amendments in response to an April 2019 Constitutional Court ruling which stated that requiring a defendant to appeal a court decision within 10 days after the issuance of that decision was unconstitutional. Parliament accordingly amended the code of administrative offenses by permitting an appeal within 10 days of the defendant’s receipt of the court’s decision containing the reasoning for the ruling. The amendments also introduced a new rule that if the circumstances do not allow the court decision to be handed to the defendant, it will be made public and will be considered to have been submitted to the defendant on the third day of its publication.
By law a court must certify that a plea bargain was reached without violence, intimidation, deception, or illegal promise and that the accused had the opportunity to obtain legal assistance. Plea bargaining provisions in the criminal procedure code provide safeguards for due process. The evidentiary standard for plea agreements stipulates that evidence must be sufficient to find a defendant guilty without a full trial of a case and must satisfy an objective person that the defendant committed the crime. In a report covering March 2019 through February, GYLA stated its monitors attended 527 plea agreement court hearings against 558 defendants. In four cases only, the court did not grant the motion submitted by the Prosecutor General’s Office on a plea agreement. In 190 (34 percent) of the observed court hearings, judges did not fully inform the defendants of their rights relating to the plea agreement. In 52 (10 percent) of the cases, the judge did not ask the accused whether he had been subjected to torture, or inhuman or degrading treatment by law enforcement officials.
Based on the monitoring of criminal cases related to the June 2019 protests outside parliament, on June 24, the Human Rights Center reported defendants accepted unfair plea deals and often admitted guilt only to avoid a lengthy and delayed criminal process against them. This often happened when defendants were placed in pretrial detention. When making a decision on the plea agreement, the court is required to examine whether the accusation is substantiated, whether the requested punishment is just, and whether there is valid evidence to prove the guilt of the defendant. According to the Human Rights Center, however, these requirements were not met in the criminal cases related to the June 2019 protests.
In a joint September 2019 statement, 16 local NGOs expressed alarm concerning what they termed an “increased number of politically motivated criminal investigations and prosecutions.” They cited as examples the criminal case against the two founders of TBC Bank (see section 4), the criminal cases against the former director of the television station Rustavi 2 and against the father of the owner of TV Pirveli (see section 2.a.), and some cases of incarceration of those who in June 2019 protested Russia’s occupation of parts of the country’s territory, including opposition party leader Irakli Okruashvili (see section 2.b., Freedom of Assembly).
Opposition party members and family members of prisoners stated the government held political prisoners. On May 15, President Salome Zourabichvili pardoned and released from incarceration European Georgia leader Gigi Ugulava and Victorious Georgia founder Irakli Okruashvili. Opposition parties had demanded their release based on a March 8 pre-election agreement with the ruling Georgian Dream party. Opposition parties and the international community welcomed the pardons.
The opposition continued to urge the release of opposition figure Giorgi Rurua, characterizing him as a political prisoner whose release was envisioned under the March 8 political agreement between ruling and opposition parties. In addition to election system changes, the agreement contained a provision that the government would address the appearance of political interference in the judicial system. On July 30, Rurua was sentenced to four years’ imprisonment on two charges. On August 4, nine NGOs expressed concerns the case against Rurua was politically motivated and stated, “Prosecution on political grounds has recently become a weapon to influence political opponents or critical media outlets.”
The government permitted international and domestic organizations to visit persons claiming to be political prisoners or detainees, and several international organizations did so.
The constitution provides for an independent and impartial judiciary in civil matters, but there were concerns regarding the process of assigning civil judges to narrow specializations, based on their loyalty to certain influential judges or others, and transparency of rulings. The constitution and law stipulate that a person who suffers damages resulting from arbitrary detention or other unlawful or arbitrary acts, including human rights violations, is entitled to submit a civil action. Individuals have the right to appeal court decisions involving alleged violation of the European Convention on Human Rights by the state to the ECHR after they have exhausted domestic avenues of appeal.
There were reports of lack of due process and respect for rule of law in a number of property rights cases. NGOs also reported several cases in which groups claimed the government improperly used tax liens to pressure organizations. For example, prior to its July 2019 change in ownership, the then opposition-oriented Rustavi 2 television station claimed it was unfairly targeted for its failure to pay taxes, while progovernment media did not experience similar scrutiny.
Since 2012 the government made it a priority to reduce the national caseload in the docket of the ECHR. The Justice Ministry reported that as of July, 52 cases were filed against Georgia at the ECHR, compared with 131 cases in all of 2019. According to the ministry, since 2012 a total of 86 cases were resolved with a settlement between parties, and 43 were resolved with the government’s acknowledgement of a violation.
Courts continued to suffer from excessive caseload and failed to dispose of civil cases within the fixed statutory terms. According to the civil procedure code, courts are required to hear civil cases within two months after receiving an application. A court that hears a particularly complex case may extend this term by up to five months, except for claims involving maintenance payments, compensation of damages incurred as a result of injury or other bodily harm or the death of a breadwinner, labor relations, and use of residences, which must be reviewed within one month.
The backlogs worsened during the year due to the COVID-19 pandemic.
Courts heard a small number of civil cases remotely. According to NGOs monitoring the courts, the fact that the respondent rarely agreed to electronic proceedings prevented systematic use of remote hearings in civil cases.
In Russian-occupied Abkhazia, the de facto legal system prohibits property claims by ethnic Georgians who left Abkhazia before, during, or after the 1992-93 war, thereby depriving internally displaced persons of their property rights. In April 2019 the de facto parliament of Abkhazia passed “legislation” that also deprived family members of those “who fought against the sovereignty of Abkhazia, participated in the hostilities against Abkhazia, or assisted occupational forces” of the right of inheritance.
In a June 29 report on human rights, Abkhaz “ombudsperson” Asida Shakryl addressed rights violations of the ethnic Georgian population residing in occupied Abkhazia. She particularly highlighted that the law neglects the rights of the “indigenous” population. For example, persons permanently residing in the Gali district, whose ancestors were born in Abkhazia and own property, have no right to elect members of, or be elected to “local government” bodies. They also have no right to sell or buy real estate.
In a 2010 decree, de facto South Ossetian authorities invalidated all real estate documents issued by the Georgian government between 1991 and 2008 relating to property in the Akhalgori Region. The decree also declared all property in Akhalgori belongs to the de facto authorities until a “citizen’s” right to that property is established in accordance with the de facto “law,” effectively stripping ethnic Georgians displaced in 2008 of their right to regain property in the region.
On November 27, the Georgian Democracy Research Institute (DRI) reported de facto South Ossetian authorities were using a “family reunification program” to relocate residents of South Ossetia to live with family members in Tbilisi-administered territory. Persons accepted to the “program” reportedly received “exit documents” from the de facto authorities, according to which they would not be allowed to return and reclaim property in South Ossetia. DRI raised particular concerns about the long-term effects of this program on residents of Akhalgori.
The constitution and law prohibit such actions without court approval or legal necessity and prohibit police from searching a residence or conducting nonconsensual electronic surveillance or monitoring operations without a warrant. NGOs, media, and others asserted the government did not respect these prohibitions. For example, there were widespread reports that the government monitored the political opposition. Local and international NGOs also reported government officials monitored independent Azerbaijani journalists and activists residing in the country. TI Georgia and the Human Rights Education and Monitoring Center continued to raise concerns regarding the State Security Service of Georgia’s secret surveillance system and its lack of political neutrality and weak oversight.
During the year the Constitutional Court continued to review a case submitted by Member of Parliament Eka Beselia regarding the January 2019 release of a secretly recorded videotape of her private life. At the time of the videotape’s release, Beselia had been a Georgian Dream member of parliament advocating the strengthening of judicial independence. The president, the Public Defender’s Office, NGOs, and others urged law enforcement officials to prevent illegal surveillance and hold accountable those responsible for circulating such recordings. In January 2019 the Public Defender’s Office and the nongovernmental “This Affects You Too” campaign separately noted such recordings had been previously released with impunity and emphasized the practice mainly targeted politically active women. The campaign stated in part, “It is very alarming that the timing of the circulation of illegal recordings coincides with the critical statements of Eka Beselia in relation to the processes in the judiciary. It is of deep concern if certain individuals used the illegal recordings as a means to stall reforms in the judiciary and protect the interests of the clan of judges that wield significant power within the judiciary.” The videotape’s release occurred in the context of contentious parliamentary debate concerning draft legislation regulating the process for selecting Supreme Court justices. As of year’s end, two new Constitutional Court judges were studying the case file.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape is illegal, but criminal law does not specifically address spousal rape. A convicted first-time offender may be imprisoned for up to eight years. The government did not enforce the law effectively.
At the end of 2019, the head of the Sapari women’s organization, Baia Pataraia, alleged the enforcement of the law on sexual crimes was problematic. Investigative authorities lacked training on effective procedures on case handling and evidence collection. Victims were often told to focus on physical violence as proof of sexual violence. GYLA reported sexual violence was prevalent and underreported. In only a small number of reported cases were perpetrators convicted. Prosecutors applied overly burdensome evidence requirements for bringing charges against perpetrators of sexual violence, while overwhelmingly strict requirements for convictions of sexual violence crimes were applied by judges.
During the year a study by the Public Defender’s Office into cases of sexual violence revealed a number of serious legislative shortcomings in regulation of crimes involving sexual violence, as well as in investigation, criminal prosecution, and court hearing of such crimes, falling short of the standards of Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) and international human rights. The analysis of the cases showed that in the cases of rape and other sexual violence, the court did not consider the absence of a victim’s consent an integral part of the definition of crime. Furthermore, the legislation does not consider a broad spectrum of circumstances that may affect the victim’s will and provides for a disproportionately lenient punishment for a crime committed in certain conditions.
The law criminalizes domestic violence. In cases that do not result in injury, penalties for conviction of domestic violence include 80 to 150 hours of community service or imprisonment for up to one year. Domestic and gender-based violence remained a significant problem that the government took several steps to combat. The Ministry of Internal Affairs had a risk assessment tool that enables a police officer to decide whether to issue a restraining order based on a questionnaire available in the restraining order protocol, the data assessment, and risk analysis. In addition, if there is a high risk of recurrence of violence, a system of electronic surveillance allows the Ministry of Internal Affairs permanently to monitor abusers 24 hours a day. The high rate of domestic violence showed reporting of incidents increased in the country and that police were responding. Shortcomings, however, remained. In one example, in October 2019 an employee of the Tbilisi City Council accused councilmember Ilia Jishkariani of sexual assault and beating. The Prosecutor’s Office charged Jishkariani with sexual and other violence; however, the trial at Tbilisi City Court had not begun as of year’s end.
The Public Defender’s Office highlighted a shortage of measures to prevent violence against women and to empower survivors of domestic violence. The office analyzed gender-based killings (femicides) and concluded they demonstrated an absence of mechanisms to prevent violence against women in the country.
As of year’s end, the Ministry of Internal Affairs opened 90 investigations into allegations of rape and the Prosecutor General’s Office prosecuted 44 individuals on rape charges, compared with 29 in 2019.
During the year and in 2019, parliament approved amendments to the Law on Violence against Women and Domestic Violence that eliminated shortcomings in the law concerning the detection of domestic violence in minors by crisis and shelter staff. The law also promotes a prevention-oriented approach to correct abusers’ behavior and reduce recidivism. Overall, the Public Defender’s Office and women’s rights NGOs welcomed the new legislation but emphasized the need for the government to improve coordination between government agencies working on the issue.
NGOs and the government expanded the services provided to survivors of domestic violence in recent years. GYLA reported that considering the increase of domestic violence cases by one-third worldwide during the pandemic, the official statistics on domestic violence and violence against women did not change significantly, which indicated a possible underreporting of domestic violence incidents by victims.
Domestic violence laws mandate the provision of temporary protective measures, including shelter and restraining orders that prohibit an abuser from coming within 330 feet of the survivor and from using common property, such as a residence or vehicle, for six months.
Local NGOs and the government jointly operated a 24-hour hotline and shelters for abused women and their minor children, although space in the shelters was limited and only four of the country’s 10 regions had facilities.
In 2019 UN Women conducted a population-level survey and a study on gender-based violence, according to which women’s biggest risk in Abkhazia was violence from intimate partners, with 15 percent of respondents having experienced physical abuse, 30 percent emotional abuse, and 8 percent sexual violence in their lifetime, while 5 percent experienced physical abuse, 14 percent emotional abuse and 7 percent sexual violence in the last 12 months. This risk was more pronounced in rural areas, where 22 percent experienced physical violence, 32 percent emotional violence, and 15 percent sexual violence in their lifetime. Violence by nonpartners was also a problem, with 15 percent of the women surveyed reporting at least one form of physical or sexual violence in their lifetime by a nonpartner.
Authorities worked to combat domestic and gender-based violence during the COVID-19 pandemic. In cooperation with the NGO Women’s Information Center, short text messages were sent to the population on April 14-15 in Georgian, Azerbaijani, and Armenian, explaining the mechanisms and forms of reporting domestic violence to police. The short text message had a built-in link that allowed the user to download an emergency services application and, if necessary, use the silent alarm button to send a message. After sending the text message, up to 5,000 users downloaded the application. The government also produced a video with information on legal instruments and services available in the country against domestic violence and gender-based violence that was shown on both public and commercial television channels.
Other Harmful Traditional Practices: Kidnapping women for marriage occurred in remote areas and ethnic minority communities but was rare. The Public Defender’s Office reported some cases of kidnapping for forced marriage and early marriage in its 2019 report. The practice of early marriage and engagement remained a significant challenge. Similar to previous years, the lack of coordination among law enforcement agencies, social services, and establishments of secondary education concerning early marriage and engagement was problematic. There was no effective referral mechanism to identify and prevent incidents of early marriage and engagement. The Ministry of Internal Affairs reported that in the first half of the year, the Human Rights Protection and Investigation Quality Monitoring Department held a number of meetings and participated in various activities to eliminate child marriage crimes and raise public awareness about the problem as well as provide timely reporting to police.
Sexual Harassment: Sexual harassment is illegal under the code of administrative offenses but is not criminalized; it remained a problem in the workplace. Under the law sexual harassment is considered a form of discrimination and is defined as an unwanted physical, verbal, or nonverbal action of a sexual nature that aims to or results in the degradation of a person or creation of a hostile environment for that person. Based on amendments to laws on sexual harassment in 2019, the public defender analyzes the case and provides recommendations on the case to authorized persons at the institution where the violation took place. During the year the Public Defender’s Officer examined eight allegations of sexual harassment and identified violations in five instances. For example, in June the public defender found evidence of sexual harassment committed by a doctor against a woman in quarantine. Under May 2019 amendments to the code of administrative offenses, sexual harassment victims may file complaints with police. If found guilty, a person can be fined 300 lari ($90); repeated violations result in a fine of 500 lari ($150) or correctional work for up to one month. Repeated violations in the case of a minor, a pregnant woman, a person unable to resist due to physical or mental helplessness, a person with a disability, or in the presence of a minor with prior knowledge leads to a fine of 800 to 1,000 lari ($240 to $300), correctional labor for up to one month, or administrative detention for up to 10 days.
The public defender considered especially problematic a selective approach applied by the state to instances of violence against women and domestic violence involving influential persons as abusers. In such cases, the approach of the state changed and response was delayed, leaving the impression that preference was given not to victims’ rights but to abusers’ interests. Victims often had to go public to prompt action by relevant authorities.
Reproductive Rights: The law does not regulate the number, spacing, or timing of children for single people or couples. The country regulated the use of surrogacy services, and only heterosexual couples have a right to surrogacy services. In August the Ministry of Justice amended the decree regulating civil acts, restricting the right to surrogacy to heterosexual couples who have been married or living together for more than one year. Women and LGBTI rights organizations considered this a violation of the rights of single women and LGBTI persons who wanted to have a child. The law requires gender confirmation surgery for legal gender-identity change and does not provide transgender individuals who do not wish to undergo confirmation surgery the legal ability to change their gender identity.
The UNFPA reported that women from minority communities, women from rural areas, and poor women faced barriers in accessing information related to their reproductive health.
There were no legal, social, or cultural barriers to access contraception, and contraceptives were available in pharmacies or by prescription, with a prescription exemption for emergency contraceptives. The UNFPA reported, however, that financial barriers limited access to customized contraceptive options for many women.
According to the Public Defender’s Office, limited access to information about contraceptives remained a challenge for girls and women of childbearing age. The office stated human sexuality education was not fully integrated into school curriculums. Programs in schools failed to provide information to teenagers about safe sexual relations. The lack of comprehensive education prevented girls from defending themselves from early marriage and early pregnancy. According to a UNFPA 2020 report, during 2019 there were 29 births per 1,000 girls 15 to 19 years of age.
The Public Defender’s Office stated in 2019 that poor funding and lack of information limited the use of contraceptives and resulted in unplanned pregnancies for women of childbearing age. Women in rural areas, especially remote mountain villages, lacked regular access to family planning services and clinics. Women often had to travel to larger towns for these services, causing additional financial burden.
There were no barriers to receiving skilled personal medical attention during pregnancy and childbirth. During the year, however, the use of maternal health
services decreased due to the COVID-19 pandemic, both due to fear of infection and movement restrictions.
The Public Defender’s Office reported a lack of post-partum care needed for the prevention of maternal mortality and for maintaining women’s mental and physical well-being. Maternal health services were somewhat limited for women who spoke languages other than Georgian.
The Agency for Social Care, under the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs, provided medical, psychological, legal, and other kinds of help to survivors of sexual violence. The agency operated two shelters for survivors and their minor children.
The UNFPA reported that the state funded services for victims of sexual violence based on a 2018 decree. The decree stipulates the state budget will fund certain services, including, but not limited to, emergency contraceptives and postexposure prophylaxis. Regulations, however, require victims of sexual assault–who may hesitate to come forward–to notify police to receive these services, which can be a barrier for victims and health specialists. Victims of trafficking in persons and domestic violence do not need to cooperate with police to receive services.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Civil society organizations continued to report discrimination against women in the workplace. The Public Defender’s Office monitored gender equality complaints, in particular those involving domestic violence and workplace harassment, and stated that gender equality remained a problem, despite a number of steps taken in the past few years to enhance legislative and institutional mechanisms. The office considered the small number of government projects, programs, and initiatives designed to empower women to be inadequate to achieve gender equality.
In August the Ministry of Justice passed amendments to the decree regulating the procedure for approving the registration of civil acts. As of September 1, only couples who are officially married for at least one year or can prove they have lived together for at least one year have the right to hire a surrogate and have a child. Women’s rights organizations considered this a violation of the rights of single women who are not officially married and want to have a child. The Ministry of Justice’s stated goal was to decrease trafficking risks, but the decision affected single women and men who cannot have children and planned to use surrogacy services. The legislation gives the right to become a parent with surrogacy help only to couples.
Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory; children born to stateless parents in the country are citizens. According to UNICEF, 99 percent of children were registered before reaching the age of five.
While IDP returnees were in principle able to register their children’s births with de facto authorities, they reportedly preferred to have their births registered with Georgian authorities.
Education: Children of noncitizens often lacked documentation to enroll in school. The level of school attendance was low for children belonging to disadvantaged and marginalized groups, such as street children and children with disabilities or in foster care.
According to a multiple indicator cluster survey conducted in 2018 by the national statistics office GEOstat and the National Center for Disease Control and Public Health with UNICEF support, total enrollment of preschool children between the ages three and five was 81.8 percent. Enrollment rates were lower for children of ethnic minorities (the rate for Azeri children was 28.8 percent, while the rate for Armenian children was 68.8 percent) as well as children from socially vulnerable groups (poor or large families, single parent families, IDPs, families with persons with disabilities) (63.6 percent) and rural communities (70.2 percent). In 2019 the Public Defender’s Office reported that in spite of efforts by municipalities, availability of preschool care and education remained problems. Kindergarten infrastructure, classroom overcrowding, and sanitary compliance with official standards were particularly problematic.
The school dropout rate remained high. Identifying the reasons for the high rate and adopting effective measures to reduce dropouts remained significant problems. The public defender emphasized the problem in several reports, highlighting the impact of early marriage, child poverty, and child labor on the ability of children to access education. In 2019, more than 14,000 minors dropped out of school, compared with 10,433 in 2018. In 2019 the public defender reported schools had no uniform mechanism to process statistical data of school dropouts or to indicate the grounds for dropping out.
According to a UNICEF study released in 2018, the majority of street children did not have access to either education or medical services beyond emergency care.
Child Abuse: Conviction of various forms of child abuse, including trafficking, forced labor, or forced begging, is punishable by a spectrum of prison terms and fines. Conviction of domestic violence against minors is punishable by imprisonment for one to three years, and conviction for trafficking minors is punishable by eight to 20 years’ imprisonment, depending on the circumstance. The Public Defender’s Office reported general education institutions and preschools lack qualified professionals who could detect and respond to signs of violence against children in a timely manner.
Authorities referred children who suffered abuse to the relevant community and government services in coordination with stakeholders, including police, schools, and social service agencies. In 2019 there were 3,881 alleged cases of violence against children reported to the government’s Social Service Agency, 87 of which involved allegations of domestic violence. According to the Ministry of Internal Affairs, in 2019 courts issued 740 restraining orders in domestic violence cases involving victims who were minors.
On September 1, the Code on the Rights of Children, adopted in 2019, entered into force. The code is based on the UN Convention on the Rights of the Child and its protocols and recognizes child-specific needs and rights, including the right to dignity, life, survival, and development, and prohibits discrimination.
Child, Early, and Forced Marriage: The legal minimum age for marriage for both men and women is 18. Conviction of forced marriage of an individual younger than 18 is punishable by two to four years’ imprisonment. During the year the Public Defender’s Office reported the practice of early marriage and engagement remained problematic. The lack of coordination among law enforcement agencies, social services, and establishments of secondary education concerning early marriage and engagement also remained a problem. Due to COVID-19, home-based learning made it more difficult for social workers to detect cases and intervene promptly. The Public Defender’s Office noted that the social service agency did not have guidelines for case management and their response to child marriages was often superficial and fragmented. The Ministry of Internal Affairs launched an information campaign against the practice. The ministry’s Human Rights Protection and Investigation Quality Monitoring Department participated in various activities to eliminate child marriage crimes and raise public awareness about the issue, as well as provide timely reporting to police. Reports of child marriages continued throughout the year. A 2019 report by the public defender indicated child marriages occurred more frequently among certain ethnic and religious groups. Further, immediate and adequate response to unlawful imprisonment and forced marriage remained a problem, often due to preconceptions and stereotyped attitudes about ethnic minorities. Inadequate response to such incidents encouraged this type of crime, according to the public defender, because it emboldened potential offenders who believed they would not be held responsible for their crimes. According to the report, male elders (aqsaqals) decided the fate of girls in cases of early marriage in the Kvemo Kartli region . The response of the state entities in such cases was belated and unproductive, according to the report, potentially because authorities may have been reluctant to enter into conflict with influential locals.
Sexual Exploitation of Children: Conviction for commercial sexual exploitation of children or possession of child pornography is punishable by up to five years’ imprisonment. Authorities enforced the law. Street children and children living in orphanages were reportedly particularly vulnerable to exploitation.
The minimum age for consensual sex is 16. The law considers sexual intercourse with a juvenile as rape, provided the perpetrator is proven to be aware of the victim’s age. The penalty for conviction for rape is up to nine years’ imprisonment; the government generally enforced the law. Conviction of other sexual crimes carried increased levels of punishment if the victim was a juvenile.
In 2019 the public defender described children living and working in the street as a vulnerable social group that faced a high risk of domestic and sexual violence. They lacked protections from labor and sexual exploitation and had limited access to health care and education. The government’s detection, outreach, and actions to protect and assist street children were limited, and access to services for them and their families remained inadequate.
Due to their homelessness and lack of sanitation, street children had a higher risk of COVID-19 infection. The Public Defender’s Office reported, based on information received from the A-TIPFUND, that a quarantine area where children were placed was opened in Tbilisi. Mobile groups working under the state subprogram, if necessary, placed street children in this quarantine area as well.
Displaced Children: The Public Defender’s Office reported a lack of information regarding street children and noted the inadequacy of resources devoted to them. It was unclear how many children were geographically displaced, and a significant portion belonged to families that migrate seasonally to Georgia from Azerbaijan. In 2019 the office reported that stereotypical public attitudes toward children living or working in the street and their families posed a problem. The population of street children was diverse, consisting of ethnic Georgians, members of two Romani language groups, Kurds from Azerbaijan, children of Armenian refugees, and children of IDPs from South Ossetia and Abkhazia. Law enforcement officers and labor inspectors began to take enforcement action, but more work was needed to protect children from being trafficked or being exploited through illicit work and forced labor.
Institutionalized Children: The government continued replacing large-scale orphanages with alternative arrangements. The government provided grants for higher education for institutionalized and foster-care children, including full coverage of tuition and a stipend, and provided emergency assistance to foster families.
The government continued to transfer children, including those with disabilities, who are institutionalized in large-scale orphanages to family and family-type services (small group homes for specialized care). The government increased the pool of foster parents and specialized foster parents available to receive children from orphanages and avoid an inflow of new cases to orphanages.
The Public Defender’s Office reported protection of minors in state care remained a problem. The protection of children in state care from violence, care for their mental health, protection of right to education, preparation for independent life, improvement of care-taking personnel, and allocation of sufficient human and financial resources posed a challenge. Teachers in small family-type homes as well as foster parents lacked the knowledge and skills to handle children with behavioral problems or children victims of violence. This resulted in children being moved between different types of care, creating additional stress and worsening their situation. Minors with disabilities presented a particular challenge for protection, preparation for independent living, and the right to education because programs were not oriented for individual need. The trend of placement of children with behavioral problems or mental health problems together was also problematic, which further aggravated their situation.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
Observers estimated the Jewish community to be no more than 6,000 persons.
As of December an appeals court decision was pending in the 2018 killing in Tbilisi of human rights activist Vitali Safarov, who had Jewish and Yezidi roots. Human rights NGOs alleged the two men responsible for the killing were members of a neo-Nazi group, and a key witness at the trial testified that Safarov was killed because he was Jewish. In 2018 the Prosecutor General’s Office added the charge of “premeditated murder due to racial, religious, national, or ethnic intolerance due to his nationality and profession.” In June 2019 the Tbilisi City Court convicted the two men of killing Safarov but dismissed qualifying the killing as a hate crime. In November 2019 the prosecutor appealed the court’s decision not to classify the killing as a hate crime.
On December 20, Metropolitan Ioane Gamrekeli of the Georgian Orthodox Church delivered a sermon that included a number of traditional anti-Semitic tropes, including references to Jews as “the crucifiers of the Christ” and “the persecutors of Christians.” Metropolitan Gamrekeli went on to say, “This is not defined by ethnicity–this is a battle of the lineage of infidels against the Church.” The sermon was criticized as anti-Semitic by prominent religious freedom NGOs and civil activists. In response to this criticism, the Georgian ambassador to Israel defended the metropolitan’s statement, saying his words were misinterpreted, as the story was simply the retelling of a historical parable. Church officials subsequently issued a statement condemning anti-Semitism.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
While the constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system, and right to a fair trial, and the provision of other government or private-sector services, the government did not effectively enforce these provisions. The Public Defender’s Office reported persons with disabilities continued to encounter barriers to participating fully in public life. Many families with children with disabilities considered themselves stigmatized and kept their children from public view. The office reported that violence, especially sexual violence, was a significant problem for persons with disabilities. Discrimination in employment was also a problem.
The country operated several orphanages for children with disabilities, although the number of residents decreased with the increased use of alternatives, such as specialized foster parents and family-type services.
The government continued operations of state-run institutions for adults with disabilities. Despite some improvements in these institutions, they lacked infrastructure, trained staff, psychosocial services, and opportunities for patients to have contact with the outside world and families. The Public Defender’s Office’s May report, Situation of Women’s Sexual and Reproductive Health and Rights in Psychiatric and Public Care Institutions, found shortcomings in meeting the reproductive health needs of women with disabilities at state institutions. The report revealed frequent cases of violence among patients subjected to prolonged hospitalization and at boarding houses for persons with disabilities. Efforts to prevent, identify, and respond to cases were insufficient.
On July 14, parliament adopted the Law on the Rights of Persons with Disabilities. The law establishes principles to guide the government’s implementation of the UN Convention on the Rights of Persons with Disabilities and clarifies the government’s roles and responsibilities to ensure persons with disabilities fully and effectively participate in society. The new law mandates all agencies employ the principles of universal design, reasonable accommodation, and independent living; recognizes Georgian sign language as an official state language; authorizes special plaintiff organizations to represent persons with disabilities in court; requires municipalities to provide services to support independent living for persons with disabilities; and mandates that relevant state agencies ensure all new and old buildings and services will be accessible for persons with disabilities within 15 years. The new law requires the education system to elevate the status of special education teachers and introduce social workers at schools to work on the inclusion of children with disabilities.
In 2019 only 98 of the 10,099 persons with disabilities registered on the public employment portal (Worknet) were employed, compared with 99 of the 6,073 in 2018. Provisions of the law that disqualify a person with disabilities working in the public sector from receiving state disability assistance was seen as a disincentive to such work, although in January the government passed legislation that would maintain social benefits for one year in cases a person with disabilities finds public-sector employment. The Public Defender’s Office reported persons with disabilities employed in the public sector, unlike those in the private sector, cannot receive social benefits (with the exception of those with severe disabilities or visual impairments).
The Public Defender’s Office and NGOs reported some instances of discrimination against minority communities. As of November 30, the office had received 12 claims of discrimination based on nationality or ethnic origin. When the government declared the Bolnisi-Marneuli region a quarantine zone, for example, one public official encouraged discrimination against ethnic Azeris on their personal Facebook pages. The Public Defender’s Office received several other complaints alleging racial discrimination by law-enforcement bodies. In one case, a police officer purportedly commented on the skin color of an individual while on duty. Several claims came from prisons. In one case, the claimant alleged poor treatment by the prison administration because he was ethnically Armenian.
In 2019 two of the 15 cases of alleged discrimination received by the Public Defender’s Office involved commercial banks refusing to provide services to individuals from Iran, Iraq, Syria, and Nigeria. As of November 30, the courts had not determined whether any had suffered discrimination. According to the office, authorities had not taken steps to address discrimination in the provision of commercial financial services. NGOs noted that victims of such discrimination rarely registered claims due to a lack of knowledge about their rights and criticized authorities for not raising greater awareness in minority communities.
During the year the Prosecutor General’s Office charged six individuals with committing a crime on the basis of nationality, race, or ethnicity.
Media outlets reported numerous cases of hate speech targeting minority groups during the year.
On May 24, during a weekly Sunday service, the bishop of Marneuli and Hujabi Eparchy, Giorgi Jamdeliani, criticized the mayor of Marneuli, Zaur Durgali, for renovating the statue of Nariman Narimanov, an ethnic Azerbaijani Bolshevik writer and revolutionary born in Georgia and active in Baku and Moscow, and threatened to dismantle the statue. Far-right nationalist radical groups, such as Georgian March, publicly endorsed the bishop’s statements and began an aggressive social media campaign. Although the bishop later commented that his criticism was prompted by Narimanov’s personality rather than his ethnicity, many local residents perceived his statements as xenophobic.
On May 30, the State Security Service of Georgia initiated an investigation of the events surrounding the Narimanov statue controversy under the law on racial discrimination. Civil society organizations noted the aims of the investigation were not made clear to the public. On July 16, Bishop Giorgi Jamdeliani, Primakov Georgian-Russian Public Center head Dimitri Lordkipanidze, and other nationalist leaders affiliated with Georgian March held a protest rally in Marneuli with the same demands. Press reports suggested the protest was followed by a spontaneous counterrally by young Azerbaijani residents. Police were present to ensure security.
In addition to political, civic, economic, and cultural obstacles, weak Georgian-language skills remained the main impediment to integration for members of the country’s ethnic minorities. Some minorities asserted the law requiring “adequate command of the official language” to work as a civil servant excluded them from participating in government. The Public Defender’s Office reported that involving ethnic minorities in national decision-making processes remained a problem due to the small number of representatives of ethnic minorities in the central government.
The government continued its “1+4” program for ethnic minorities to study the Georgian language for one year prior to their university studies. Under a quota system, the government assigned 12 percent of all bachelor or higher certificate-level placements to students with ethnic minority backgrounds. Of these reserved slots, ethnic Armenian and Azeri communities each received 40 percent (5 percent of the total), while Ossetian and Abkhaz communities received 10 percent each (1 percent of the total).
The law permits the repatriation of Muslim Meskhetians deported in 1944. The government, however, closed its review of repatriation applications in 2017.
De facto Abkhaz authorities enacted policies that threatened the legal status of ethnic minorities, including Georgians, Armenians, Greeks, Roma, and Syrians, living in the Gali district of Abkhazia. They closed village schools and did not provide ethnic Georgians opportunities for education in their native language. De facto authorities dismissed ethnic Georgian teachers in Abkhazia deemed to have insufficient knowledge of Russian. The language of instruction for students in first through fourth grades in Lower Gali was Russian. Russian was the only instructional language in the Tkvarcheli and Ochamchire zones, and the de facto authorities prohibited Georgian-language instruction there.
The Public Defender’s Office noted that in the Gali, Ochamchire, and Tkvarcheli districts, ethnic Georgian students and teachers had poor command of Russian, and therefore Russian-only instruction had significantly affected the quality of their education. Local communities had to either pay for teachers, arrange for teachers to cross from Tbilisi-administered territory to teach, or send their children across the administrative boundary line for Georgian-language lessons. According to the EUMM, some Gali students faced difficulties in crossing the administrative boundary line to take university entrance examinations. In autumn 2019 the EUMM noted a small increase in the number of schoolchildren crossing the administrative boundary line, and there were more reports of barriers to studying in their mother tongue. During the year, as de facto authorities fully closed the line, purportedly because of the pandemic, prospective students residing in the occupied territories were unable to take the national examinations for university enrollment. The government subsequently decided to enroll all of the applicants without the exams.
De facto South Ossetian authorities also required ethnic Georgians of all ages to study in Russian.
The government continued to report discrimination against ethnic Georgians in the Russian-occupied territories. The Public Defender’s Office noted the case of Tamar Mearakishvili, an activist in South Ossetia who alleged persecution by the de facto authorities because of her Georgian ethnicity. In July 2019 de facto authorities in Akhalgori cleared Mearakishvili of all charges and lifted all restrictions imposed on her, including the restriction on leaving South Ossetia. The de facto “prosecutor” appealed the decision in September 2019; in October 2019 the court dismissed all charges. The “prosecutor” appealed the decision; on January 17, the de facto “supreme court” partly satisfied the “prosecutor’s” appeal, returning one case to the trial court. At the same time, on February 25, the “prosecutor” filed the same charges against Mearakishvili in the other case in which the “supreme court” had acquitted Mearakishvili. In September, Mearakishvili reported she had been without electricity since September 16, in what she characterized as an act of retribution by Akhalgori “prosecutor” Alan Kulumbegov. Prior to the cut-off of her electricity, she reportedly complained to the de facto “prosecutor general’s office” that Kulumbegov repeatedly sought to blackmail her.
Acts of Violence, Criminalization, and Other Abuses based on Sexual Orientation and Gender Identity
The law makes acting on the basis of prejudice because of a person’s sexual orientation or gender identity an aggravating factor for all crimes. According to NGOs, however, the government rarely enforced the law. The Human Rights Department of the Ministry of Internal Affairs trained officers on hate crimes.
The Public Defender’s Office reported LGBTI individuals continued to experience systemic violence, oppression, abuse, intolerance, and discrimination. LGBTI rights organizations reported several instances of violence against LGBTI individuals during the year. Authorities opened investigations into several of the cases. The office reported that violence against LGBTI individuals, whether in the family or in public spaces, was a serious problem and that the government was unable to respond to this challenge.
LGBTI organizations, NGOs, and the Public Defender’s Office reported the government’s ineffective antidiscrimination policy reduced the LGBTI community’s trust in state institutions, and they pointed to homophobic statements by politicians and public officials as furthering hatred and intolerance against the LGBTI community.
Starting in May and continuing through the summer, there were numerous vandalism attacks and anti-LGBTI demonstrations at the Tbilisi Pride office. On May 26, a flag was stolen from the office of Tbilisi Pride. As of year’s end, an investigation was underway. On June 7, black paint and eggs were thrown at the Tbilisi Pride’s office and at the flag displayed on the office’s balcony. The Tbilisi City Court found four persons in violation of the administrative law; three were verbally warned, and one received a fine of 500 lari ($150). On July 21-22, painted eggs were thrown at the flag displayed on the office’s balcony and into the building’s entrance. The investigation continued at year’s end. On August 3, painted eggs were again thrown at the pride flag on the office’s balcony. The case was pending at year’s end. During an October meeting with the Public Defender’s Office, LGBTI organizations expressed frustration that only the attackers were investigated and none of the organizers behind the attacks had been investigated or charged. LGBTI organizations claimed that persons who were charged were only pawns organized and paid by Levan Vasadze and other prominent anti-LGBTI figures.
As of December the Public Defender’s Office had received six complaints of discrimination on the basis of sexual orientation and gender identity. One of the complaints was from a transgender woman in prison who claimed she was unable to receive the medication required for her hormonal treatment. In another case, the claimant alleged being threatened due to the claimant’s sexual orientation but police did not respond appropriately. In the third case, the claimant alleged being physically attacked and injured on the head by a man not known to the victim. An NGO lawyer told the Ministry of Internal Affairs that, due to the low trust among LGBTI individuals in local law enforcement organizations, the victim appealed to the Public Defender’s Office to monitor the investigation process.
In June 2019 the Ministry of Internal Affairs charged one person for making death threats on the basis of sexual orientation after he threatened an individual who made public statements against homophobia on May 17, the International Day against Homophobia, Biphobia, and Transphobia. As of year’s end, the case remained on trial at Batumi City Court.
HIV and AIDS Social Stigma
Stigma and discrimination against persons with HIV/AIDS were major barriers to HIV/AIDS prevention and service utilization. NGOs reported that social stigma caused individuals to avoid testing and treatment for HIV/AIDS. Some health-care providers, particularly dentists, refused to provide services to HIV-positive persons. Individuals often concealed their HIV/AIDS status from employers due to fear of losing their jobs.
As of December the Public Defender’s Office had received one claim involving discrimination against HIV/AIDS-positive persons. The claimant alleged that a representative of the Patriarchy of the Georgian Orthodox Church encouraged discrimination by providing incorrect information on the spread of HIV/AIDS on television.