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The Situation of Human Rights and Freedoms in Georgia

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The Situation of Human Rights and Freedoms in Georgia ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA The Situation of Human Rights and Freedoms in Georgia 2O13 EUROPEAN UNION PUBLIC DEFENDER OF GEORGIA The Public Defender Of Georgia The present report was published with finansial support of the EU funded project “Support to the Public Defender’s Office of Georgia”. The views expressed in this publication do not represent the views of EUROPEAN UNION the European Union. ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA The Situation of Human Rights and Freedoms in Georgia 2O13 THE PUBLIC DEFENDER OF GEORGIA www.ombudsman.ge OFFICE OF PUBLIC DEFENDER OF GEORGIA 6, Ramishvili str, 0179, Tbilisi, Georgia Tel: +995 32 2913814; +995 32 2913815 Fax: +995 32 2913841 E-mail: [email protected] TABLE OF CONTENTS INTRODUCTION . 7 HUMAN RIGHTS IN CLOSED INSTITUTIONS (REPORT OF THE NATIONAL PREVENTIVE MECHANISM) . 11 SITUATION IN PENITENTIARY INSTITUTIONS . 11 THE PENITENTIARY HEALTHCARE SYSTEM AND TORTURE PREVENTION MECHANISMS . 38 HUMAN RIGHTS IN THE AGENCIES UNDER THE MINISTRY OF INTERNAL AFFAIRS . 60 CONDITIONS OF DISABLED INDIVIDUALS IN PENITENTIARY INSTITUTIONS, THE INSTITUTION FOR INVOLUNTARY PSYCHIATRIC TREATMENT AND TEMPORARY DETENTION ISOLATORS . 65 RIGHTS OF CHILDREN IN SMALL FAMILY-TYPE CHILDREN’S HOMES . 70 AMNESTY AND PAROLE . 83 FAILURE TO FULFILL THE PUBLIC DEFENDER’S LAWFUL REQUESTS . 86 RIGHT TO LIFE . 89 PROHIBITION OF TORTURE, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT . 95 INDEPENDENT, IMPARTIAL AND EFFECTIVE INVESTIGATION . 104 RIGHT TO LIBERTY AND SECURITY OF PERSON . 120 RIGHT TO A FAIR TRIAL . 128 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE . 153 FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION . 159 THE STATE OF PROTECTION OF NATIONAL MINORITIES’ RIGHTS . 172 FREEDOM OF EXPRESSION . 180 FREEDOM OF ASSEMBLY AND DEMONSTRATIONS . 189 FREEDOM OF MOVEMENT . 196 5 RIGHT TO PROPERTY . 201 RIGHT TO WORK . 221 RIGHT TO LIVE IN AN ENVIRONMENT ADEQUATE FOR LIFE AND HEALTH . 231 RIGHT TO HEALTH CARE . 238 RIGHTS OF THE CHILD . 243 GENDER EQUALITY AND WOMEN’S RIGHTS . 266 GENERAL REVIEW OF THE PROTECTION OF PERSONS WITH DISABILITIES . 281 RIGHT TO ADEQUATE HOUSING . 298 RIGHT TO SOCIAL SECURITY . 303 THE STATE OF PROTECTION OF OLDER PERSONS’ RIGHTS . 308 HUMAN RIGHTS OF IDPS AND CONFLICT-AFFECTED PERSONS IN GEORGIA . 312 THE STATE OF PROTECTION OF THE RIGHTS OF FORCIBLY MOVED VICTIMS OF NATURAL CALAMITIES (ECO-MIGRANTS) . 332 ABOUT REPATRIATION OF PERSONS FORCIBLY REMOVED FROM THE SSR OF GEORGIA IN THE 1940S BY THE FORMER SOVIET UNION . 338 THE STATE OF PROTECTION OF RIGHTS OF PERSONS HAVING A REFUGEE/HUMANITARIAN STATUS AND ASYLUM SEEKERS . 341 6 INTRODUCTION This document is the Report of the Public Defender of Georgia for 2013 on the protection of human rights and freedoms in Georgia covering wide spectrum of civic, political, economic, social and cultural rights. Furthermore, it highlights positive and negative trends in human rights area for the reporting period, brings together key rec- ommendations developed by the Public Defender towards various branches of government, the timeliness and degree of fulfilment of which to a great extent will define the establishment of high standards in human rights protection in Georgia. This document has been developed in accordance with the Organic Law of Georgia on Public Defender, Article 22 and is submitted to the Parliament of Georgia. The year 2013 was less dramatic compared to turbulent 2012 resulting in peaceful change of power following October Parliamentary Elections. Compared to extremely charged-up pre-election period ahead of Parliamentary Elections, Presidential Elections proceeded in the atmosphere of peace and non-violence. Although the public witnessed a year-long painful cohabitation of the two main political powers, this tension did not translate into fundamental changes in overall human rights protection – if we do not take into account an alarming trend in post-Parliamentary Election period, when civil servants were massively dismissed from local-self-governance bod- ies. International observers positively assessed Presidential elections of 27 October, which concluded complex cohabitation and peaceful transfer of power. Mr. Thomas Hammarberg in his capacity of EU Special Adviser on Constitutional and Legal Reform and Human Rights in Georgia took active part in the discussions on the status of human rights protection in Georgia and pre- pared a special report. In addition, a National Human Rights Strategy was also developed, and the work is ongoing to finalise the Action Plan, the work is under way on anti-discrimination draft law as well. The number of persons having appealed to the Office of the Public Defender of Georgia (PDO) reached over 11 thousand in 2013, double the number compared to previous years, which reflects increased expectations towards PDO, greater awareness among population on the infringed rights, and free environment in the country. Despite dissemination of video materials in September 2012 depicting torture and inhumane treatment in peni- tentiary facilities, with the entire public attention focused on the protection of inmates’ rights, thanks to political 2013 will and implemented reforms, cases of torture and inhumane treatment of inmates are no more among the list of main challenges. Nevertheless, thousands of inmate complaints on torture, inhumane and degrading treatment are still being investigated and apart from single cases, there have been no decisions made on these systemic violations. Investigation is still in progress on the incident of 28 August, 2012 which took place in Lopota Gorge. With the investigation ongoing the information on its progress cannot be accessed neither by the victims’ families, nor in- terested parties or wider public. One of the significant achievements of the year in the field of human rights can be considered liberalisation of the Criminal Law, which used to be subject of the Public Defender’s numerous recommendations for number of years. Though, on the other hand, incidents of active demonstration of intolerance by various groups have intensified, which, in some cases, have been left without adequate response. As a result of legislative changes implemented in 2013, strict Criminal Law, so called “zero tolerance” policy was replaced by more liberal approaches, which from the angle of human rights should be assessed positively. The 7 ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 2013 Public Defender of Georgia welcomes restoration of punishment absorption principle in the Criminal Law on the cases of multiple offences for avoiding disproportionally increased and strict punishments. In compliance with the amendments to the Law of Georgia on Common Courts implemented in 2013, the ban was lifted from video, photo and audio recordings in court rooms. Public Defender believes that these changes, in the long run, can significantly increase public trust to judiciary. Despite the described positive changes, the Parliament of Georgia left in force temporary rules for witness inter- rogation, while, one of the key positive aspects of enacting the new Procedure Code was the possibility of ques- tioning of witnesses only in court. The Public Defender of Georgia considered that detention of Town Hall and Skarebulo staff by the Investiga- tion Department of the Ministry of Finance was a violation of Law, requiring further investigation. Legitimate questions remain regarding possible violations of requirements of Law in so called “tractors’ case”, which requires comprehensive investigation. The Public Defender of Georgia deems unsatisfactory the steps taken by the Government following large-scale amnesty with regards to persons arrested “for political reasons or persecuted for political reasons through criminal procedure”. The Public Defender of Georgia welcomed the amnesty implemented on 28 December 2012, howev- er, stated that restoration of justice cannot be confined to single act of amnesty, as the Public Defender of Georgia believes, that for full legal rehabilitation of such people, it is necessary to create an effective mechanism within reasonable timeframe, which will allow not only for the restoration of dignity and reputation, but also for obtaining equitable compensation for the illegally incurred damage from the part of the State. There have been over 20 thousand cases filed to the Prosecutor’s Office requesting investigation of violations committed in the past. Many former high officials, including the former Prime Minister Ivane Merabishvii, were arrested on various charges. Political opposition, several organisations and experts were asking questions on the practice of selective justice and as to why the investigation was so interested in former high officials’ cases. Special monitoring mission of the OSCE Office for Democratic Institutions and Human Rights was set up to monitor trials of former high officials. The Public Defender of Georgia presented the assessment of identified violations in his 2012 Parliamentary Report, as well as partially covered in this report. PDO continues monitoring of courts and the public will be duly informed. In 2013, the Public Defender of Georgia was appealed by many inmates or ex-inmates who consider themselves illegal prisoners. Since the Criminal Procedure Code spells out in detail the basis for appealing and reviewing the sentences in force, the Public Defender of Georgia finds it expedient to create a mechanism within the shortest possible term for reviewing enforced court judgments, including property restitution and
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