2012 The Public Defender of Georgia ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 1 The present report was published with financial 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 the European Union. EUROPEAN UNION 2 www.ombudsman.ge ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA THE SITUATION OF HUMAN RIGHTS AND FREEDOMS IN GEORGIA 2012 2012 THE PUBLIC DEFENDER OF GEORGIA ANNUAL REPORT OF THEwww.ombudsman.ge PUBLIC DEFENDER OF GEORGIA 3 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] 4 www.ombudsman.ge CONTENTS INTRODUCTION.............................................................................................. 7 NATIONAL PREVENTIVE MECHANISM .................................................... 11 SITUATION AT PENITENTIARY ESTABLISHMENTS ....................... 11 PROTECTION OF HEALTHCARE IN PENITENTIARY SYSTEM AND TORTURE PREVENTION MECHANISMS ................................... 58 MONITORING OF AGENCIES SUBORDINATED TO THE GEORGIAN INTERIOR MINISTRY ............................................... 82 TEMPORARY DETENTION ISOLATOR (TDI) UNDER THE SUBORDINATION OF HUMAN RIGHTS PROTECTION AND MONITORING MAIN DIVISION OF THE ADMINISTRATION OF THE MINISTRY OF INTERNAL AFFAIRS OF GEORGIA ............. 87 REPORT ON CONDITIONS IN PSYCHIATRIC ESTABLISHMENTS IN GEORGIA .......................................................... 93 REPORT ON THE STATE OF HUMAN RIGHTS IN INSTITUTIONS FOR PERSONS WITH DISABILITIES ........................ 124 2012 MONITORING RESULTS OF SMALL GROUP HOMES FOR CHILDREN ......................................................................... 173 2012 PARLIAMENTARY ELECTIONS AND HUMAN RIGHTS................... 209 CASES OF HIGH PUBLIC INTEREST ..................................................... 225 HIGH PROFILE CASES .............................................................................. 225 SPECIAL OPERATION CARRIED OUT IN VILLAGE LAPANKURI, LOPOTA GORGE ......................................... 235 DEVELOPMENTS IN LOCAL SELF-GOVERNMENT BODIES .......... 238 LAW-ENFORCEMENT BODIES AND HUMAN RIGHTS ........................... 240 JUDICIAL SYSTEM AND HUMAN RIGHTS ................................................. 252 RIGHT TO FAIR TRIAL ............................................................................. 252 ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 5 ENFORCEMENT OF COURT JUDGMENTS .......................................... 271 PUBLIC DEFENDER AND CONSTITUTIONAL OVERSIGHT ................. 274 CIVIL AND POLITICAL RIGHTS ................................................................... 278 FREEDOM OF ASSEMBLY AND MANIFESTATIONS .......................... 278 FREEDOM OF EXPRESSION ................................................................... 282 FREEDOM OF INFORMATION ............................................................... 288 FREEDOM OF RELIGION AND TOLERANT ENVIRONMENT ........ 294 PROTECTION OF RIGHTS OF NATIONAL MINORITIES AND SUPPORT TO CIVIC INTEGRATION ............................................ 301 SOCIAL AND ECONOMIC RIGHTS ............................................................... 309 RIGHT TO PROPERTY .............................................................................. 309 RIGHT TO ADEQUATE HOUSING ......................................................... 324 RIGHT TO SOCIAL SECURITY ................................................................ 329 RIGHT TO WORK IN PUBLIC SERVICE ................................................ 336 RIGHT TO HEALTH .................................................................................. 339 HUMAN RIGHTS CONDITIONS OF THE INTERNALLY DISPLACED PERSONS .......................................... 348 THE RIGHTS OF ECO-MIGRANTS/PERSONS AFFECTED AND DISPLACED BY NATURAL DISASTERS ........................................ 369 THE RIGHTS OF CHILD .......................................................................... 372 THE RIGHTS OF WOMEN ........................................................................ 388 RIGHTS OF PERSONS WITH DISABILITIES ........................................ 404 ANNEX 1 ....................................................................................................... 422 6 www.ombudsman.ge Introduction The present Report of Public Defender of Georgia compiles the range of issues related to protection of Human Rights and Freedoms in Georgia, for the year of 2012, being submitted to the Parliament of Georgia on the basis of Article 1 and Article 2 of the Organic Law on Public Defender of Georgia. The Report covers a wide range of Human Rights and Freedoms and provides an overview of the situation with respect to protection of civil-political, economic, social and cultural rights in Georgia. The Report portrays general trends with respect to Human Rights in the country and specific facts of violation of Human Rights and Freedoms. Year 2012 was the most important year in the recent history of Georgia. For the first time, after gaining independence, the power has been transferred in a non-violent way, through elections. After the elections, significant improvements were achieved in many spheres, in respect of Human Rights, though, at the same time, numerous areas with significant problems were identified. The analysis of the studied cases and applications, regular monitoring performed by Public Defender’s National Prevention Mechanism of Georgia reveals that protection of the rights of individuals kept at the Penitentiary establishments still remains as one of the key problem. Monitoring conducted in summer 2012 identified number of problems, including systematic ill-treatment, similar to 2012 those identified by Public Defender’s special prevention group in it’s past years’ parliamentary and special reports. Unfortunately, The Georgian Government has not taken any proper and adequate measures for elimination of this problem; moreover, full negligence towards the identified systemic violations became a trend. As a result, we have got, what so frequently has been Stated in the reports of Public Defender of Georgia – the syndrome of impunity – violation of the prisoners’ rights, their physical and psychological abuse became the routine and systemic phenomena. This has been confirmed by so called “prison videos” released by media on 18th September 2012, depicting the facts of prisoners’ torture, their humiliation and inhuman treatment. The world has been shocked by the facts of torture at Georgian prisons, causing indignation of Human Rights’ defenders and representatives of civil society. According to the forensic medical examination reports and information provided by the penitentiary health care system, 67 prisoners died in the penitentiary system of Georgia in 2012,, this is a quite high figure especially considering that the average age of the deceased prisoners was 44 years. Most of them died before the events known as the “prison scandal”. It should be noted that in 2011, 140 people died in the penitentiary system, in 2010, the number of deceased persons was 142. No impartial investigation of these facts has been conducted so far. ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 7 Introduction As a result of implementation of severe criminal policies and so called “Zero Tolerance” practice for a number of years, in early 2012, Georgia was keeping the first place among European countries, by the highest number of prisoners per 100.000 people. The number of convicts decreased from 24.009 (March 2012), to 10.660 (March 2013). Almost all penitentiary institutions had the problem of overcrowding. Quality of medical services was beneath all criticism. On December 28, 2012, Georgian Parliament adopted Georgian Law on Amnesty and on its basis several thousands of people left the penitentiary institutions. We think that given the decrease of the prisoners’ number, Georgian Ministry of Corrections, Probation and Legal Assistance will easily provide proper conditions for the prisoners and comply with the national and international standards. Hence, in this respect, such a wide-scale amnesty should be welcomed. Furthermore, the need of transforming criminal legislation into more liberal one as well as the abolition of cumulative sentencing principle, should be emphasized once again. Otherwise, in few years, the number of prisoners will again achieve the critical limit. Severe criminal policy should be replaced with a well-designed and planned re-socialization and rehabilitation policy. According to Georgian Law on Amnesty adopted on 28th December 2012 by the Parliament of Georgia, 190 people were recognized as political prisoners. Therefore further issue of their rehabilitation has aroused. Given that Georgian Parliament was not in position to overrule the court decisions, those convicted and prosecuted by a political sign have been just lifted from criminal responsibility and punishment and given an opportunity to enjoy their right of fair trial. Thus, further mechanisms should be identified/elaborated for handling the political prisoners’ cases, as well as for resolving the issue of their further legal rehabilitation. The most important issue of the Reporting Period was amending the Georgian Organic Law on Political Associations of the Citizens made on 27th December 2011 resulting in imposition of stricter limitations related to funding of the parties.