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 .