The constitution provides for an executive branch that reports to the prime minister, a unicameral parliament, and a separate judiciary. The government is accountable to parliament. The president is the head of state and commander in chief. Under the constitution that came into force after December 2018, future presidents are not to be elected by popular vote. Organization for Security and Cooperation in Europe (OSCE) observers described the first round of the October 2018 presidential elections as competitive and professionally administered but raised concerns, including the lack of a level playing field, voter intimidation, and fear of retribution. OSCE observers repeated these concerns after the second round in November 2018 and assessed that candidates “were able to campaign in a free environment; however, one side enjoyed an undue advantage and the negative character of the campaign on both sides undermined the process.” OSCE observers termed the 2016 parliamentary elections competitive and administered in a manner that respected the rights of candidates and voters but stated that the campaign atmosphere was affected by allegations of unlawful campaigning and incidents of violence. They noted election commissions and courts often did not respect the principle of transparency and the right to effective redress between the first and second rounds, which weakened confidence in the election administration.
The Ministry of Internal Affairs and the State Security Service of Georgia (SSSG) have primary responsibility for law enforcement and the maintenance of public order. The ministry is the primary law enforcement organization and includes the national police force, the border security force, and the Georgian Coast Guard. The SSSG is the internal intelligence service responsible for counterintelligence, counterterrorism, and anticorruption efforts. There were indications that at times civilian authorities did not maintain effective control of domestic security forces.
Significant human rights issues included: unlawful or arbitrary deprivation of life by Russian and de facto authorities in the Russian-occupied Georgian regions of Abkhazia and South Ossetia, including unlawful or arbitrary killing in Abkhazia; arbitrary detentions by the government and Russian and de facto authorities; significant problems with the independence of the judiciary and investigations and prosecutions widely considered to be politically motivated; unlawful interference with privacy; inappropriate police force against journalists; substantial interference with the right of peaceful assembly, including inappropriate police force against protesters; and crimes involving violence or threats targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.
The government took steps to investigate some allegations of human rights abuses, but shortcomings remained, including a lack of accountability for the inappropriate police force used against journalists and protesters during June 20-21 demonstrations and the 2017 abduction and rendition from Georgia of Azerbaijani journalist and activist Afgan Mukhtarli.
De facto authorities in the Russian-occupied regions of Abkhazia and South Ossetia remained outside central government control and were supported by Russian forces. A 2008 ceasefire remained in effect. Russian border guards restricted the movement of local populations. While there was little official information on the human rights and humanitarian situation in South Ossetia due to limited access, allegations of abuse persisted.
De facto authorities in the Russian-occupied regions of Abkhazia and South Ossetia restricted the rights, especially of ethnic Georgians, to vote or otherwise participate in the political process, own property, register businesses, and travel. De facto South Ossetian authorities refused to permit most ethnic Georgians driven out by the 2008 conflict to return to South Ossetia. De facto authorities did not allow most international organizations regular access to South Ossetia to provide humanitarian assistance. Russian “borderization” of the administrative boundary lines (ABLs) increased, separating residents from their communities and livelihoods.