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Public Defender's Bulletin PERIODIC EDITION #4 APRIL, 2016 structural changes carried out as a result of the ex- pansion of the Public Defender’s mandate. I am glad that the international experts positively as- sessed our work and gave us useful advices. They also prepared a letter for the Parliament and the Govern- ment, in which, among other important things, one of the main recommendations was provision of a proper building for the Public Defender’s Office. By the participation of the International Adviso- ry Board, we held our traditional public debate on the topic – “Freedom of Association and Assembly - Achievements and Challenges”. At the event we dis- cussed implementation of the recommendations in- cluded in Maina Kiai’s report of June 8, 2012. It should be noted that the Government took into consideration the part of the recommendations which THE PUBLIC DEFENDER OF GEORGIA, UCHA NANUASHVILI 1. PUBLIC DEFENDER’S GREETING 1. PUBLIC DEFENDER’S GREETING 1 Among the special events of April I would like to empha- 2. PUBLIC DEFENDER’S PUBLIC STATEMENTS 2 size the visit of the International Advisory Board mem- 3. MEETINGS AND INTERNATIONAL VISITS OF bers. Establishment of the International Advisory Board THE PUBLIC DEFENDER AND HIS DEPUTIES 4 was part of our Action Plan for 2013. The goal was to 4. PUBLIC DEFENDER’S RECOMMENDATIONS help the Public Defender in defining and implementing AND PROPOSALS TO STATE GOVERNMENT priorities and perspectives of human rights. AND LOCAL SELF-GOVERNMENTS 5 5. ACTIVITIES OF THE PUBLIC DEFENDER AND Norwegian Helsinki Committee advisor Aage Borchgre- HIS OFFICE 7 vink, and conflict and cooperation expert Jorgen Johan- PERIODIC ACTIVITIES OF THE REGIONAL sen arrived in Georgia for the third time, while Maina DEPARTMENT 9 Kiai, United Nations Special Rapporteur on the rights to CIVIC EDUCATIONAL ACTIVITIES 11 freedom of peaceful assembly and of association, and 6. SUCCESSFUL CASES 11 independent expert Eva Pastrana visited Georgia for the first time. 7. REMARKABLE DAYS 12 8. INTERNATIONAL HUMAN RIGHTS STORIES 12 During the meeting, we briefly reviewed last year’s ac- 9. NEW DEVELOPMENTS IN THE PUBLIC tivities, implementation of recommendations, trends in DEFENDER’S OFFICE 13 human rights and fundamental freedoms in 2015 and 1 INFORMATION BULLETIN OF PUBLIC DEFENDER OF GEORGIA #4 concerned the freedom of association. In particular, the gard to the protection of the rights of homeless persons. Organic Law on Political Unions of Citizens and the Law In particular, the state has not yet developed a strategy on State Audit Office, which had been the subject of and action plan for overcoming the problem of home- criticism of the Special Rapporteur, were amended; the lessness; there are no homeless people’s databases, election environment was improved; the Constitutional while the definition of a homeless person at the national Court’s decision on re-distribution of majoritatian dis- level does not cover all the persons having the right to tricts was particularly important. adequate housing according to international standards. I hope that in case of successful cooperation with the UN Special Rapporteur, the efforts of the Government and other parties will become more effective, which will un- timely be reflected in the improvement of the situation of the homeless persons throughout the country. In April, the Constitutional Court satisfied our suit on the so-called “wiretapping” and considered that the techni- cal capacity of the State Security Service to obtain and administer personal information and to have direct ac- cess to such information contained excessive risks of in- terfering with the person’s right to privacy, and that the right to copy and retain identifiable data for two years was unconstitutional. In April, I presented Irina Putkaradze as a candidate for a member of the Public Broadcaster’s Board of Trustees. However, I believe that the new rule of formation of elec- She introduced an interesting, realistic and results-ori- toral districts does not take into account the interests of ented action plan for the development of the Public the local population and natural geographical area; gen- Broadcaster. der equality issues are still unresolved, the quota system Look through the bulletin and you will get more interest- should be improved. ing and important information. 2. PUBLIC DEFENDER’S PUBLIC STATEMENTS 2.1. PUBLIC DEFENDER’S STATEMENT ON DECEASE OF DETAINEE IN TELAVI The Law on Assembly and Manifestations should be im- TEMPORARY DETENTION CENTER proved. In particular, the law still does not provide for the possibility of holding spontaneous rallies; the right The Public Defender learned that B.T., arrested on 14 to freedom of assembly is fully limited by the military March, 2016, died in the Telavi temporary detention iso- forces and the Interior Ministry officers. Maina Kaia lator on 15 March. hailed the reduction of administrative detention term Examination of the case by the Public Defender showed from 90 to 15 days, however, he advised the Govern- that B.T. felt bad in Telavi temporary detention Isolator ment to abolish the use of administrative detention for in the morning of March 15. Isolator officers called an using the right to freedom of assembly and association. ambulance, to which the detainee told that had been Jorgen Johansen led a training session held within the registered in the methadone program and needed a rel- framework of the Human Rights Academy of the Pub- evant assistance. This was immediately reported to the lic Defender. At the meeting with journalists working investigator. According to a person who was in the same on conflicts, security and human rights issues, he talk- center, the detainee was asking for medical help after ed about the protection of human rights in conflict and the ambulance left, but no one called a doctor again. post-conflict situations, as an effective mechanism of conflict transformation, as well as the role of the media On the same day, at 16:47, before being taken to the in conflict resolution and protection of human rights. court, B.T. died in the corridor of the isolator. In April, I sent a letter of invitation tothe UN Special Rap- The Prosecutor’s Office is investigating the incident un- porteur on the right to adequate housing, Ms. Leilani der article 115 of the Criminal Code, which refers to Farha. We have systemic problems in the state with re- pushing a person to committing suicide. 2 INFORMATION BULLETIN OF PUBLIC DEFENDER OF GEORGIA #4 According to the Public Defender, the investigation of sex, language, religion, political or other opinion, na- should examine how adequate and immediate the med- tional or social group, disability, sexual orientation, etc. ical assistance was, how duly the detention center offi- Creators of TV programs/shows should observe the prin- cers performed their duties and what were grounds for ciples of fairness, equality and respect when treating not calling an ambulance repeatedly. potential participants of the programs. The Journalistic Ethics Charter stipulates that journalists must realize the The Public Defender believes that the mentioned cir- danger of promoting discrimination by the media and cumstances challenge the launch of the investigation must apply all measures to avoid negative consequenc- into the case under article 115 of the Criminal Code. es/processes. The Public Defender calls on the Prosecutor’s Office The public Defender’s concern was also caused by the 23 to ensure timely, effective and impartial investigation, April TV story of the GDS TV program “Flat 18”, aimed at which will not leave any unanswered questions with re- encouraging homophobic attitudes and discriminatory gard to the detainee’s death or the alleged improper re- actions. sponse by police officers. The author of the story, saturated with homophobic at- In addition, on April 19, 2016, a representative of the titudes and expressions, did not refrain from using hate Public Defender’s Office requested copies of B.T.’s per- speech himself. The content of the story clearly showed sonal documents in order to study the case. The isola- biased approach to the issue, whereas the media can tor employees prepared materials, however, the chief make a positive contribution to the establishment of val- of the isolator prohibited them from issuing the docu- ues ​​that condition respect for human rights and funda- ments and then for a few hours he had been trying to mental freedoms in the country. find out details of the case. Finally, the Public Defender’s authorized representative was handed over the request- Freedom of speech and expression is a fundamen- ed copies, though his activities were delayed due to the tal right, but it should be noted that given the current police officers’ unlawful conduct. discriminatory attitudes towards LGBT persons, report- ing on this issue requires special care in order to avoid Public Defender’s Statement on Stigma and Discrimina- strengthening of stereotypes and encouragement of vi- tory Attitude in Broadcasting Space olence. 20 April. The Public Defender echoed the events de- The Public Defender considers that a similar TV story veloped around Rustavi 2 TV and talk show “Profile”. It promotes negative stereotypical attitudes towards LGBT should be noted that media outlets often become source people and strengthens restrictions on their rights on of stigmatization, segregation, hate speech and discrim- discriminatory grounds. ination. Obvious homophobic, sexist and discriminato- ry tendencies can be observed in some TV programs. 2.2. PUBLIC DEFENDER ECHOES MEDIA A similar incident took place last year in the television REPORTS ABOUT ANNUAL REPORT show “Talent”. This refers to the need of raising aware- ness of persons employed in the broadcasting area and 21 April. Purposeful distortion of the assessments and problems depicted in the chapter on religious freedom to the importance of effective functioning of self-regula- of the Public Defender’s annual report has acquired a tion mechanisms.
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