Georgia’s Human Rights in US State Department Report 2014

The state of human rights in Georgia is improving but some problems still persist, says the US in its latest country human rights reports.

Georgia’s achievements of 2014 as well as the main challenges were detailed in Georgia’s 2014 Country Report on Human Rights Practices.

US Secretary of State John Kerry presented all countries’ Human Rights reports to the US Congress yesterday. This year was the 39th year the US has released such reports.

"The message at the heart of these reports is that countries do best when their citizens fully enjoy the rights and freedoms to which they are entitled," said Kerry. 

This is not just an expression of hope. This is a reality, and it is proven out in country after country around the world. After all, we live in a time when access to knowledge and openness to change are absolutely essential. And in such an era, no country can fulfil its potential if its people are held back, or more so if they are beaten down by repression.”

Unlawful Deprivation of Life

"According to NGOs there were no cases reported during the year of the government or its agents committing arbitrary or unlawful killings,” reads the document.

The part of this section of the report observes case of the former Ministry of Internal Affairs official Oleg Melnikov who was pled guilty to murder and falsifying testimony in connection with the high-profile killing of Sandro Girgvliani in 2006.

"In 2011 the European Court of Human Rights (ECHR) ruled that senior officials had not only failed to conduct an effective investigation into his [Sandro Girgvliani’s] death but also that the various government branches, including the Ministry of Internal Affairs, prosecutors, the judiciary, and the president, "acted in concert in preventing justice from being done,” underlined the document.

Prisons in Georgia

The state of the country’s penitentiary system was closely analysed and the judicial and prosecution reform was welcomed.

Rustavi Prison Colony #5, the only facility for female inmates in Georgia. Photo by N. Alavidze/Agenda.ge.

Some existing prisons were in poor condition but newly constructed facilities met international standards, said the report. Last year prison population numbers decreased due to "widespread amnesty and liberalization of criminal law” and this had contributed to an improvement in inmate conditions.

"According to the public defender’s Situation of Human Rights and Freedoms in Georgia report for 2013, there were no cases of torture recorded in prison facilities, and the number of inmate deaths noticeably declined in 2013.”

Additionally, NGOs noted challenges in the penitentiary system remained but torture and inhuman treatment of convicts and detainees no longer represented a widespread problem, said the report.

During the year, however, NGOs reported that while challenges in the penitentiary system remained, they also noted torture and inhuman treatment of convicts and detainees no longer represented a widespread problem.”

During the year the Ministry of Corrections and Legal Assistance increased its per capita health expenditure from 315 lari to 1,330 lari ($180 to $760), strengthened daily minimum diet and nutrition requirements for prisoners, increased salaries by 60 percent to recruit more-qualified medical personnel, and made improvements to prison medical facilities and services. During the year there were 4,204 referrals to prison and civilian hospitals, compared with 400 to 1,280 referrals annually before 2012.

In August parliament adopted a bill reducing the maximum time allowed for detention for administrative offenses from 90 days to 15 days, which led to a decrease in the number of detainees being held for administrative offenses.

The change also gave administrative detainees the right to legal representation (and to be advised of this right), and to have statements given before the reading of rights excluded as inadmissible evidence. According to the Ministry of Internal Affairs, 871 persons served terms of administrative detention in temporary detention isolation cells during the year, compared with 1,124 in 2013.

Political detainees

"The government permitted international and domestic organizations to visit persons claiming to be political prisoners or detainees, and several international organizations did so freely during the year, reporting no problems with access or serious humanitarian concerns,” reads the document.

Georgia’s Judicial Environment

"Although the constitution and law provide for an independent judiciary, and there were some indications of increased judicial independence, challenges to judicial independence remained”, stressed the US report however "court observers noted some improvement in courts’ adjudication of both high-profile and more typical cases”.

Changes introduced last year saw jury trials be available in Tbilisi, Kutaisi, and Batumi for all cases of aggravated murder and for defendants who committed crimes while holding public office. Jury selection proceedings became open to the public.

Court observers noted some improvement in courts’ adjudication of both high-profile and more typical cases. For example, during GYLA’s court monitoring covering the period from January to August, the percentage of rulings upholding unsubstantiated motions for preventive measures, which included pretrial detention, continued to decrease.

The Prosecutor General’s Office and the Ministry of Justice are responsible for disciplinary action for violations of the ethics code by prosecutors. During the year authorities subjected 14 prosecutors from the Prosecutor General’s Office to disciplinary actions, ranging from notice to reprimand. During the year the Prosecutor General’s Office assumed primary disciplinary and prosecutorial authority over prosecutor misconduct.

As for the Governmental attitude regarding international and NGO’s investigation of alleged violations of human rights, the report says that, "domestic and international human rights groups in most cases operated without government restriction, investigating and publishing their findings on human rights cases”.

"The Human Rights Unit of the Office of Chief Prosecutor monitored overall prosecution and supervision of compliance with national and international human rights standards.”

Social Issues

According to the report, the most important human rights problems reported during 2014 were the following:

• Societal/interpersonal violence (including domestic violence and politically motivated violence),
• Increased societal intolerance of members of minority groups (as reflected in hate speech, interference with religious worship, and intimidation that prevented freedom of assembly), and
• Persistent shortcomings in the legal system that led to incomplete investigations, premature charging of suspects, and inappropriate use of pre-trial detention.

Photo by N. Alavidze/Agenda.ge.

Domestic and other violence against women remained a significant problem, but report also underlines the prevention measures taken by the Government.

"During the year Tbilisi police patrol inspectors, regional police officers, and prosecutors received domestic violence-related training. In July the Ministry of Internal Affairs created and trained two-person groups, composed of a man and a woman, within each police division to work on domestic violence prevention. The groups have the right to issue restrictive orders and take other necessary measures to prevent domestic crime.”

Georgia’s Media Environment

The report stated the country’s media environment had improved and was found to be "independent and balanced”. Television continued to be the main medium and primary source of information for 80 percent of the population.

A newsstand in Tbilisi's street. Photo by N. Alavidze/Agenda.ge.

"Broadcast media continued to improve in providing more balanced reporting during elections, further consolidating the overall positive trend since the highly polarized television coverage of the country’s 2012 parliamentary elections," said the document.

Regarding freedom of speech, individuals in Georgia were "generally free to criticise the government publicly and privately” while press freedom in Georgia noted "independent media were very active and expressed a wide variety of views”.

Additionally, the country "improved substantially” in International Research and Exchanges Board’s (IREX) 2014 Media Sustainability Index for Europe and Eurasia, noted the report.

Internet freedom

"Outside Abkhazia and South Ossetia, the government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority,” said the report.

According to the report, 43 percent of the population had access to the internet. Photo by N. Alavidze/Agenda.ge.

According to the document, during the year Freedom House rated the country’s internet freedom status as "free.”

"According to Freedom House, 43 percent of the population had access to the internet. High prices for services and inadequate infrastructure remained obstacles to access, particularly for individuals in rural areas or with low incomes,” underlined Internet freedom section of the report.

The report stated:

• There were no reports during the year of physical and verbal assaults of journalists by police, or confiscation of journalists’ cameras by authorities.
• There were no reports that the government invoked libel laws or national security to suppress the publication of material criticizing government policies or public officials.
• There were no reported instances of specific government officials or opposition politicians influencing editorial or programming decisions through their personal connections with media personnel or by directing advertising through their personal connections with businesses, and
• Media in the separatist regions of South Ossetia and Abkhazia remained tightly restricted by de facto authorities and Russian occupying forces.

In particular Georgia was commended for:

• Its efforts to implement ambitious reforms (such as improving the judicial system),
• Enact measures to increase efficiency, transparency, and public accountability of government agencies, and
• Develop a six-year National Human Rights Strategy and Action Plan, which "marked the first time that the government included sexual orientation and gender identity in its strategic documents”.

Read the full report here.