HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF GEORGIA

The Human Rights Committee has considered the third periodic report of Georgia on how that State Party is fulfilling its obligations under the International Covenant on Civil and Political Rights.

Givi Mikanadze, Deputy Minister of Justice of Georgia, introducing the report, said Georgia had undergone significant change aimed at improving democratic values and the rule of law. Accession to the International Covenant on Civil and Political Rights in 1994 was a declaration of the commitment of Georgia and its adherence to the cherished values of the Covenant.

Tamar Tomashvili, Adviser to the Permanent Mission of Georgia to the United Nations Office at Geneva, also introducing the report, said there had been institutional changes in judicial and criminal procedures in Georgia, including improved guarantees of rights for detainees, reduction of the pre-trial period of detention, and the national anti-torture plan. Government priorities in recent years had been focused on the prevention of torture, protection of religious minorities, and the fight against human trafficking.

In preliminary concluding remarks, Rafael Rivas Posada, Committee Chairperson, said a good many of the concerns expressed revolved around a few issues only: the need to find a solution to matters on non-jurisdiction within Georgian territory that would ensure protection of individuals as required by the Covenant; the need for continued legislative reforms aimed at tackling excesses in the prisons and law and order sectors; the problem of freedom of expression; the efforts needed to monitor the results of legislative reforms or measures and their practical outcome; and the issue of integration of national minorities.

Questions raised by Committee Experts included measures to protect Chechen refugees entering Georgia; freedom of expression; domestic violence; and property restitution for conflict victims.

The Committee reviewed the report of Georgia over three meetings and will issue its concluding observations and recommendations at the end of the session on 2 November.

Georgia is one of the 160 States parties to the International Covenant on Civil and Political Rights and is obligated to submit periodic reports on implementation of the provisions of the Covenant. It is also one of the 109 signatories of the Optional Protocol to the Covenant, which provides for confidential consideration of communications from individuals who claim to be victims of violations of any rights proclaimed by the Covenant.

The Georgian delegation, which presented the report, included representatives from the State Commission for the Development of State Strategy for Internally Displaced Persons at the Ministry of Refugees, the Civil Cases Collegium, the Human Rights Unit and the Legal Department of the Prosecutor General’s Office, and other senior diplomats and experts.

The Committee will reconvene in public at 3 p.m. on Wednesday, 17 October when it is scheduled to begin its consideration of the fourth periodic report of Libya (CCPR/C/LBY/4).


Report of Georgia

The third periodic report of Georgia (CCPR/C/GEO/3) notes that the Georgian Government has taken firm steps to combat corruption, including prosecution of public officials. It says the country is seriously engaged in the great challenge of establishing an independent judiciary and strengthening the right to a fair trial. Law enforcement bodies are subject to reform aimed at building public confidence, and there is day-to-day monitoring of violations by the Prosecutor General’s Office and the Ministry of the Interior.

Georgia continues to take steps to combat torture and human trafficking, through national action plans that are currently being implemented. Georgia has signed the Optional Protocol to the Convention Against Torture, and debate is under way concerning the establishment of a national human rights institution. The Ministry of the Interior treats cases of alleged torture with due attention, and is actively engaged also in anti-trafficking measures and tackling organised crime. The report says that border territories of Abkhazia and Tskhinvali/South Ossetia are effectively under the control of the Russian Federation and Georgians living there are subject to torture and ill treatment. Georgia needs international assistance in promoting and protecting their rights.

Presentation of Report

GIVI MIKANADZE, Deputy Minister of Justice of Georgia, introducing the report, said Georgia had undergone significant change aimed at improving democratic values and the rule of law. Accession to the International Covenant on Civil and Political Rights in 1994 was a declaration of the commitment of Georgia and its adherence to the cherished values of the Covenant. There had been continual and productive collaboration between the Government of Georgia and the Human Rights Committee and useful steps had been taken with a view to achieving maximum compliance with the obligations of the Covenant. They included, among others, harmonization of national legislation, and the promotion of practical enjoyment of rights and freedoms contained in the Covenant, in particular the development of an effective criminal justice system.

TAMAR TOMASHVILI, Adviser to the Permanent Mission of Georgia to the United Nations Office and other international organizations in Geneva, also introducing the report, said there had been institutional changes in judicial and criminal procedures in Georgia, including improved guarantees of rights for detainees, reduction of the pre-trial period of detention, and the national anti-torture plan. Government priorities in recent years had been focused on the prevention of torture, protection of religious minorities, and the fight against human trafficking. Human rights monitoring in places of detention had been strengthened through initiatives in the Ministries of Justice and Interior. There were still problems of overcrowding in some prisons, but refurbishment had improved prison conditions. In the judicial system, there had been strenuous efforts to establish independence of the judiciary, as well as improved accountability, training and working conditions for judges. The Government was also active in conflict resolution in the territories of Abkhazia and South Ossetia through its goal of securing self-governance, protecting individual human rights and freedoms and guaranteeing integrity and inviolability of the State.

Replies of the Government of Georgia

Constitutional and Legal Framework within which the Covenant is Implemented

In response to questions sent to the State party in advance, the delegation of Georgia said the relevant authorities were now discussing the question of Communication N. 975/2001 (Ratiani vs Georgia), and had been inquiring as to best practices for compensating the claimant in connection with the case. The judiciary was the appropriate organ for establishing this issue, but more time was needed before giving a final answer on the amount of compensation awarded.

On property registration and rehabilitation in conflict areas, Georgia had faced problems safeguarding the rights of victims, the delegation said. There were active steps to implement the law on restitution. There had also been a programme called “My House” established in 2006 aimed at helping internally displaced persons with property claims and registration. Georgia did not have de facto control over Abkhazia and South Ossetia so more time was needed to record, certify and register legitimate property claims in those territories.

Because of the status of the breakaway regions of Abkhazia and South Ossetia/Tskhinvali, the Government of Georgia was limited in its jurisdiction there, but was nevertheless aware of its obligations as a Contracting State to the Covenant and worked with the Office of the High Commissioner for Human Rights and Special Procedures to protect human rights in those regions. Law enforcement authorities were investigating violations where possible and the Government supported peace and confidence building, but did not accept responsibility for the violations themselves.

Principles of Non-Discrimination and Non-Refoulement

Concerning refugees’ rights, the delegation said Chechen refugees were fully covered by national legislation and international agreements. Concerning extradition of Chechens to Russia, there had been legislative amendments and compensation for victims of such extraditions, and the Extradition Decree had been annulled. There had been no deportation of persons of Chechen origin from Georgian territory since 2002.

Gender Equality and Protection of the Family

Domestic violence was a challenge and the Government had been taking necessary measures, notably the adoption of the Law and Action Plan on domestic violence, the delegation said. The law aimed to protect and assist victims and operated in tandem with criminal procedures in cases of domestic violence. Rape was criminalized under the Criminal Code. Incest was not subject to a separate article of the Code, but was covered by other articles. Restrictive orders had been established for police officers to deal with offenders under the new domestic violence provisions. Police training on domestic violence had also evolved. Protection orders could also be issued by the Courts. The Action Plan on domestic violence covered standards for shelters and rehabilitation, training for justice personnel, activities of non-governmental organizations, hotlines and other provisions.

On bride-knapping, the delegation said the Constitution protected the institution of marriage as a voluntary union and upheld equality of rights for men and women. While disagreeing with the assessment that bride-knapping was a significant problem, the delegation said there was adequate legal sanction and extensive civil education to prevent and punish the practice.

Right to Life and Prohibition of Torture

On prisoners’ rights and police violence, the delegation highlighted the decrease in deaths in prison institutions. Prison health provisions had improved and this had greatly helped reduce mortality in prisons. The new Government had made the fight against organized crime a top priority since 2003. In this process, armed clashes had been unavoidable and regrettable. Legislation on the use of force by police was largely compatible with international standards. Figures for the use of lethal force were now much lower, and police operational planning and weapons and crisis training had been improved. Intensive investigation of the police actions in 2006 at Tbilisi prison, an incident linked to the fight against organized crime, was under way.

On torture, a draft anti-torture action plan was under consideration within the Government. There was wide-ranging monitoring through various government ministries in cooperation with non-governmental organizations (NGOs). Those in temporary detention could be visited by representatives of the Ombudsman and the Main Unit for Human Rights Protection. Pre-trial detention facilities were rigorously monitored by relevant ministries and internally in the prison system. International and local NGOs were active in the country, increasing the platform for debating the issue at Government level. Local monitoring commissions for penitentiaries had been set up. The Human Rights Protection Unit of the Legal Department (Prosecutor General’s Office) was active in investigating claims of ill treatment, and had monitored 24 allegations in January-March 2007 with six formal investigations. There were ample criminal and civil provisions, as well as compensation mechanisms, for victims of torture and ill treatment.

Treatment of Prisoners

The Draft Code on Imprisonment was in Parliament and appropriate amendments had been adopted on prison visits, the delegation said. Georgia remained concerned about the issue of overcrowding and had worked to upgrade old infrastructure and build new facilities. Decreasing the number of custodial sentences was also a priority, and pre-term release and pardon of prisoners was being refined. Statistics showed that more than 50 per cent of cases were dealt with through non-custodial measures in 2006. Improved systems for healthcare and exercise for inmates were being developed, and improved nutrition was being funded by the national budget.

Oral Questions by Committee Experts

Committee Experts noted that there was important progress in legislative reform in Georgia, and welcomed the ratification of the Optional Protocol on the death penalty and accession to the Optional Protocol on torture. They asked questions on a number of issues. It was encouraging to see legislation being developed for compensation to complainants in human rights violations, but the Committee wanted to know how soon the compensation in the Ratiani case would be disbursed.

While the legal provisions on domestic violence were improving, the issue was still generally regarded as a private matter and no special legislation on marital rape existed. There were concerns about the extent of protection for women. The response of the delegation on establishing standards for shelters and rehabilitation centres was unclear: how many shelters were proposed, and what plans were in place to create them? Training of police officers, and the use of protective and restrictive orders were welcome steps, but had there been any systematic follow-up on these orders? If bride-knapping was not widespread, what were the figures on frequency and geographical extent of the practice?

Concerning property restitution for conflict victims, an Expert commended the adoption of the Law on Restitution, but wondered when the Tripartite Commission would be able to start its work, and how the issue of restitution (repossession of legally owned property) versus compensation (if the owner chose not to repossess) would operate in law.

An Expert asked whether measures to protect Chechen refugees were adequate to prevent future reoccurrence. How were asylum mechanisms being tightened up at the frontier?

Other Experts took note of the lack of de facto control over Abkhazia/South Ossetia, but one queried the status of the Ajara autonomous region in relation to the Covenant.

Statistics on deaths in custody were interesting, but the delegations had not, in their presentation, mentioned the increased total prison population in 2005-6, shown in the table: what was the explanation for the sudden rise in prison numbers? Were murder charges being investigated against prison, police and law enforcement officers, including Special Forces? Had police officers been sentenced or suspended for crimes amounting to torture or ill treatment? Were prison officers required to wear badges with traceable ID numbers? Was it possible to grant compensation to victims of torture or ill treatment even when there was no criminal conviction?

Use of non-custodial measures and reforms to combat overcrowding were welcomed, but overcrowding remained a serious concern for the Committee, an Expert said. Was it true that one of the prisons was so overcrowded that prisoners slept in shifts? It was not clear in the report whether bail and other non-custodial treatment were confined to pre-trial cases or applied also to convictions.

An Expert asked how effective legislative measures to deal with torture and inhuman or degrading treatment (such as inspection visits) had been in ensuring protection of detainees’ rights. What background issues had influenced prison policy, i.e. what, if any, was the link between detainees’ nutrition and Georgia’s national economic prosperity? Had restrictions on physical exercise been influenced by a high escape rate? Allegations concerning pre-trial detention suggested there had been brutal treatment of detainees and one Expert asked how the detaining authorities’ behaviour was monitored.

Another Expert queried the constitutional approach to certain articles of the Covenant and the jurisdiction of the Constitutional Court over practical application of the treaty. Was supervision by the Constitutional Court a priori or a posteriori? Could courts rule on unconstitutionality when such issues were evoked or must the issues be referred to the Constitutional Court?


Response by the Delegation of Georgia to Oral Questions from Committee Experts

Members of the Georgian delegation, responding to the first round of questions, said the Government was doing everything necessary to implement legislation pertinent to the Ratiani case. This would not happen in Parliament’s current session, but would be on the agenda for the spring session.

The delegation disagreed with the claim that domestic violence was seen as a private matter. Both the public and the Government were engaged in this matter. Police were well trained in handling domestic violence, providing information and leaflets for those who may be unwilling to speak out straight away. Regarding shelters, there was no figure on numbers of shelters as yet, but the Government position was to develop laws that would include social workers’ training, management of shelters and other necessary preparations. Legal aid and medical and psychiatric assistance was available for anyone visiting the shelters regardless of whether they were run by non-governmental organizations or Government agencies.

The issue of bride-knapping involved certain cultural specificities. There were some cases of girls hiding from their own families in order to have children with a partner, but the family’s allegations of bride-knapping were usually quickly thrown out. There were no statistics available at present.

On identification of prison officers, there were laws for clear identification of officers through a system of numbered and photo-ID badges. On the issue of arrests and pre-trial treatment, there were systems for checking any physical injuries suffered by detainees. Medical checks were made again on entry into a temporary detention cell, and data passed to the Office of the Human Rights Protection Unit. The Prosecutor General’s Office was empowered to corroborate information.

On compensation for victims of torture, the delegation said there had been cases of convictions of law enforcement officers and a system for claiming and granting compensation was in place.

An Expert had queried the rise in prison numbers, and the delegation said the fight against corruption and increased resourcing of the law enforcement services were responsible for this. As far as overcrowding was concerned, there was high-level political support to combat overcrowding as well as budgetary provisions. Six out of a total of seventy prisons were the most affected. It was true that in one case prisoners had been sleeping in shifts, but a newly built prison in Tbilisi, designed in cooperation with Council of Europe experts, was soon to be completed.

Applications for parole followed established procedures, and there was a special pardons commission to consider relevant cases. On prison populations, only 24 per cent of total prison numbers were in pre-trial detention, and most had been sentenced. Reforms were under way to improve financing for prison food and provisions for exercising, as well as staff salaries, training, medical provision for inmates and other investments. The Government was eager to establish proper standards for detention in conformity with European norms.

The delegation said the State budget provided for restitution/compensation for losses incurred by Georgians in Abkhazia/South Ossetia. Appointment of the Committee concerned was subject to some delays, but monetary and membership issues would be resolved. Decisions on whether claims would be handled through compensation or restitution would be dealt with on a case-by-case basis. On refoulement at the Georgian frontier, the delegation said border guards worked under the Ministry of Internal Affairs so there was no informational gap between the two. Refugees were given (or denied) asylum or refugee status within three days of crossing the border. In the event of a refugee being detained at the border, there was immediate reporting to the Ministry of Internal Affairs to allow their status to be promptly determined.

There was indeed an autonomous republic of Ajara and although there had been problems of jurisdiction and sovereignty in the past, since 2004 the problems of who was in de facto control of the territory had been conclusively dealt with and Georgian jurisdiction extended fully into the territory.

Regarding constitutional oversight of human rights, there were a number of rights that were not directly included in the Constitution, but these, mainly social rights, were covered by the spirit of the Constitution and had been tested in law. The Constitutional Court could only discuss legal acts that were in force already, so Constitutional control was a posteriori.

Further Oral Comments and Questions by Experts

Regarding rights in conflict areas, one Expert said it was a matter of finding remedies for past violations – primary responsibility lay with the Government, not the international community. He added that full protection against refoulement was a central issue, and welcomed efforts to deal with the issue. Another Expert warned against police claims of detainees being “wounded while resisting arrest”. He remained concerned at the definition and scope of the use of lethal force. An Expert asked about details of the invocation of the Covenant before the courts.

Replies to Oral Questions

The delegation said the Constitution provided for a hierarchy of legislative measures. Discussion about the Optional Protocol to the Convention Against Torture belonged in a broader picture of national preventive mechanisms, including NGO input. It was not a matter for the Government to rule on alone. Police codes did cover the use of lethal force and, as mentioned, the authorities were working with international bodies to revise the manual on the use of force.

Further Responses from the Government of Georgia to Written Questions

Non-discrimination and Freedom of Movement

Continuing their response to written questions prepared by the Committee Experts and received by the State party in advance, the delegation said internally displaced persons (IDPs) enjoyed full freedom of movement, protection and guarantees. They made up about 6 per cent of the population. The national strategy for IDPs focused on voluntary return and improving temporary living conditions, and involved all stakeholders including NGOs and IDP groups. There had been constructive dialogue with international organizations and NGOs on developing the second draft of the Action Plan. In the Abkhazia and South Ossetia /Tskhivali region, Government control was limited, and the Action Plan recognized the need for partnership with international organizations in those areas to further dialogue, improve humanitarian and social services, employment and other matters. Temporary living conditions were to be improved and provisions for purchase of property developed under the Action Plan. General progress on the Action Plan was good.

In the breakaway regions, there were different issues. Georgia was committed to resolving the conflicts. The Government tried to cooperate with the de facto authorities in Abkhazia, with limited success. The human rights violations in the Abkhazia conflict region were well known and were not always dealt with by the de facto authorities. Georgia did not fully control the Gali district, and therefore there was a lack of implementation for returnees. In South Ossetia/Tskhinvali, there had been progress in negotiations on territorial adminstration, thus helping to ensure voluntary, safe and dignified return of displaced populations to their homes.

Independence of the Judiciary and Right to a Fair Trial

Judicial reform followed a Government Judicial Reform Strategy and Action Plan aimed at implementing change by 2009. Court reform was in line with European standards, and the reform of the body of magistrate judges was well under way. Court buildings had been refurbished and modernized, salaries and training for judges were being overhauled and the budget for the judiciary was protected by law. There had been reforms to the High Council of Justice that appointed judges and the President had no de jure control over the High Council. Disciplinary measures had been revised, along with rules of communication, ethical codes and other instruments.

Freedom of Religion

The Georgian Orthodox Church belonged to so-called “multi-tiered” church-state models. Georgia was studying the legal aspect of discrimination in the context of the special status of the Orthodox Church. Regarding registration, in Georgia, religious organizations were free to register as non-commercial legal entities, and also to operate without registration. There was no obstacle to these organizations in pursuing their religious activities within the law.

Concerning religious tolerance, practical measures had been taken to tackle religious discrimination, and there had been several convictions. The Government was also committed to dealing with earlier cases of religious persecution, notably against Jehovah’s witnesses, and had issued sentences in absentia.

Schools were secular and proselytising in schools was prohibited. A Ministry of Interior Code of Ethics emphasized non-discrimination and religious tolerance.

Freedom of Opinion and Expression

Georgia had been extensively monitoring the issue of free expression. Harassment of journalists was met with legal prosecution. There was no law in force banning the existence of extremist groups.

Rights of Persons Belonging to Minorities

Concerning minority languages, the Government had carried out an extensive survey on language use in Georgia. The State language was Georgian and, in Abhkazia, also Abkhazian. In regions populated by national minorities (Kvemo Kartli, Samtskhe-Javakheti), minority languages were used, and Russian was also still spoken though it was not as popular as in former times. Although the language of administration was Georgian, active steps were being taken to involve local language speakers and incorporate minority languages in public discourse. The State Language Programme was part of the Civil Integration Programme, aiming to promote a society based on tolerance and respect of different cultures and languages in Georgia. There were a number of language support programmes for Azeri, Armenian and Azerbaijani speakers as well as schemes to facilitate the teaching of Georgian in non-Georgian schools and communities.

Human Rights Training

There were a number of training schemes in the Ministries of Justice, Internal Affairs, law enforcement agencies and other public departments. They covered national and international instruments and were geared to developing an international outlook on human rights protection and harmonization of national measures with international standards.

Oral Questions by Committee Experts

An Expert queried the issue of the protection and promotion of rights of internally displaced persons (IDPs). Privatization of collective accommodation centers for IDPs was welcomed, but there had been reports of forced evictions without legal authority or compensation, with the involvement of government agencies. What was the procedure on privatization and what safeguards were built in?

The Government policy on languages was commended but at the same time seemed to highlight possible marginalization in social integration of minority groups. An Expert remarked that the delegation had not given clear statistics on the integration of minorities in the judiciary, universities and elsewhere. Were there plans to acknowledge or even upgrade the status of minority languages?

An Expert asked for clarification on restitution of property for other churches (Catholic, Armenian, etc), and related acts of religious intolerance. What was the situation of other non-protestant churches?

Another Expert said that Georgia ranked 89th out of 168 countries on press freedom, according to a Human Rights Centre pamphlet, with journalists allegedly fearful of their jobs and broadcasting freedoms subject to constraint. What was the delegation’s view on this?

Training of state personnel, judges, teachers and other public servants in human rights was welcomed. How did the delegation disseminate the Committee’s own comments on Georgia’s performance to NGOs and stakeholders?

There were further questions on plea-bargaining, which appeared to be open to misuse, a request for clarification on the use of force by the police, and for the details of the time period for alternative (non-military) service.

Replies of the Delegation to Oral Questions

The delegation of Georgia said the newly-adopted Code of Ethics for the police demanded restrained, proportionate use of force, respect for human life, ensuring medical aid for the injured, and other requirements. The duration of alternative service was six months longer than military service.

The strategy on rights of internally displaced persons (IDPs) was guided by UN principles, the Georgian Constitution and other legislative documents. Regarding collective centers for housing IDPs, some centers were located in favourable areas and there was commercial pressure on them, but the IDPs concerned were compensated and the majority bought their own homes. IDPs in Ajara were also re-housed, either using their compensation payouts or through government collective centre programmes if preferred.

On minority languages, State law prescribed the use of Georgian as the State language, but conditions had been created to facilitate oral communication in local languages, the delegation said. The situation was comparable to that in European countries. Interpretation services were provided. Concrete opportunities for integration of minorities existed. Officers from the Armenian minority had been recruited in the police academy in the Armenian-speaking region. Secondary education included a minority language component. University enrolment was based on equal opportunity for all prospective students. Georgia was committed to developing the social space for the use of minority languages within the constraints imposed by the Public Service Law on the use of the State language in public administration.

Responding to earlier questions on prison facilities and staff training, the delegation said there were human rights based programmes for penitentiary personnel, and imminent improvements to combat overcrowding were emphasized.

In the High Council of Justice, made up of both judges and non-judges, the self-governing Conference of Judges elected the disciplinary panel and senior officers. Disciplinary matters were handled with full independence under the High Council’s supervision, and there were rights to appeal through the Supreme Court. Accreditation of judges was transparent and strictly enforced.

Conclusion of plea agreements were not limited to the payment of a fine, but governed by a wide range of factors, and reached through reduction in severity of sentences or by a voluntary guilty plea. These agreements tended to be applied for less serious crimes, particularly in corruption cases.

The delegation explained developments in university teaching and alignment with the Bologna Process. Training for legal personnel was particularly important, with new emphasis on technical and analytical expertise in relation to international law. There was a successful paid internship programme feeding into employment in the criminal justice system.

Regarding freedom of religion, the legal status of religious denominations was an essential human right. After 2005, as mentioned earlier, Civil and Administrative Codes were amended granting new rights to religious entities (non-commercial legal entities), and a flexible status allowing greater autonomy for the organization concerned.

Preliminary Concluding Observations

RAFAEL RIVAS POSADA, Chairperson of the Human Rights Committee, said a good many of the concerns expressed revolved around a few issues only: the need to find a solution to matters on non-jurisdiction within Georgian territory that would ensure protection of individuals as required by the Covenant; the need for continued legislative reforms aimed at tackling excesses in the prisons and law and order sectors; the problem of freedom of expression; the efforts needed to monitor the results of legislative reforms or measures and their practical outcome; and the issue of integration of national minorities.


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