Georgia: A Flickering Beacon of Democracy Human Rights in Georgia in 2007 i The Human Rights Centre (HRIDC) is a non-governmental human rights organization, without any political or religious affiliations. The purpose of HRIDC is to increase respect for human rights and fundamental freedoms in Georgia, as well as to contribute to the democratic development of the country. HRIDC implements projects to ensure compliance with human rights laws and standards. We cooperate with international organizations and local organizations which also share our view that respect for human rights is a precondition for sustaining democracy and peace in Georgia. Contact Details: Human Rights Centre (HRIDC) 3a Kazbegi Ave., Entrance 2, 4th Floor, Apt. 22. Tbilisi, 0160 Georgia Tel: (+995 32) 37 69 50, (+995 32) 45 45 33; Fax: (+995 32) 37 69 50; Email: [email protected] Web-Site: www.hridc.org On-line magazine: www.humanrights.ge Prepared by: Simon Papuashvili Eka Kevanishvili Nestan Londaridze Tea Topuria Nino Andriashvili Antonina Paplinska Nino Gvedashvili Edited by: Wieteke Daniëls Ucha Nanuashvili Photo on cover page: Two riot policemen during the November 7th 2007 dispersal of demonstrators, by Temur Bardzimashvili The HRIDC wants to express its special gratitude to Cordaid, the Norwegian Helsinki Committee, and the National Endowment for Democracy (NED) for their support to the Human Rights Monitoring Program. ii Contents Introduction.......................................................................................................................................... 1 The International Community on Human Rights in Georgia............................................................... 2 Assessment of the November Events................................................................................................... 9 Presidential Elections......................................................................................................................... 27 Violations of the Right to Property and Forced Evictions................................................................. 66 Penitentiary System and the System of Penalties ............................................................................ 105 Military Situation in Georgia ........................................................................................................... 115 Freedom of Expression and Media .................................................................................................. 142 Children’s Rights ............................................................................................................................. 182 Rights of Chechen Refugees............................................................................................................ 220 iii Introduction In 2004, in line with the positive changes in the country, we pointed out the human rights violations which took place after the “Rose Revolution”. Most of the people did not dare speak of them. We dared to tell the truth. “One Step Forward – Two Steps Back” was the name of the human rights report the Human Rights Centre published in December, 2004. As antidemocratic tendencies developed further, our reaction was immediate. The report produced in 2005 was called “Next Stop – Belarus?” Many people considered this title to be an exaggeration of the situation and were irritated by it. The reason for using this title was to send a wake-up call to Georgians and the international community. In 2007, we talked about the “Velvet Downfall”. In November 2007, many people stated that if adequate attention had been paid to the alarming signals, the country would not have had to face the November events. Some of them apologized because they had not believed the information we had provided about Georgia earlier. We were trying to speak the truth, which has caused problems for us. “A Flickering Beacon of Democracy” attempts to cover the main human rights that were under threat during the reporting period. The report describes the events that led to the violent dispersal of the demonstration on November 7th, 2007 and the cruel dispersal itself. Moreover, it provides an assessment of human rights violations. The report provides an assessment of three phases of the Presidential Elections of January 5th, 2008. Particular attention is paid to the abuse of administrative resources as well as direct and indirect threats from governmental representatives. In addition, the report describes various techniques used during the Election Day as well as violations of the election procedure that took place after the Election Day. Furthermore, the report highlights issues such as: the aggressive policy of seizing property from owners without compensation; the zero-tolerance criminal justice policy and its consequences with respect to crime prevention and rehabilitation of offenders; the deteriorating state of freedom of speech and expression, particularly the problems media representatives are facing in everyday practice; the straightforward militarization policy of the government and the problems that several thousands of refugees of Chechen origin are facing in Georgia. The Human Rights Centre, in cooperation with the World Organization Against Torture (OMCT) and the Public Health and Medicine Development Centre of Georgia (PHMDF) prepared a “shadow report” for the third periodic report of the Georgian Government before the UN Committee on the Rights of Child. To increase public knowledge on the children’s rights situation in Georgia, it was decided to include an abbreviated version of the “shadow report” in this report. 1 The International Community on Human Rights in Georgia Summary of the Concluding Observations of Committee on Civil and Political Rights on the third periodic report of Georgia1 The Human Rights Committee of the United Nations has considered the report submitted by Georgia and has given Concluding Observations. The Committee welcomed the legislative and institutional changes made. It also welcomed the accession to the Optional Protocol to the Convention Against Torture (OPCAT). Conversely, the Committee highlighted some principal areas of concern and made some recommendations to Georgia. The Committee was expressly concerned over the use of excessive force by police and prison officials as well as the conditions in prisons. It recommended the government to ensure impartial investigations of actions of law enforcement officials and initiate criminal proceedings against alleged perpetrators. Also, the government should provide victims with compensation and take measures to prevent torture and other misuse of force. Another main concern of the Committee was the prevalence of domestic violence. In this regard, Georgia should implement the Law on Combating Domestic Violence, Prevention of and Support to its Victims. The Committee requested the state to submit follow-up information on these topics within one year. Other recommendations the Committee made were to take positive measures to ensure the protection of the population in the Abkhazia and Tskhinvali/South Ossetia regions; to ensure the proper regulation of privatization of collective centres for IDPs and prevent forced evictions; and to fully respect the principle of non-refoulement by adopting legislative and procedural safeguards and train border guards on the rights of asylum seekers. In addition, the Committee recommended Georgia to uphold the right to freedom of religion or belief; to guarantee the freedom of speech and of the media and to protect and promote the integration of minorities by considering to allow minorities to use their own language in dealings with local authorities and to ensure adequate participation and representation of minorities. Lastly, Georgia should safeguard an independent judiciary and adequately educate judges on the obligations of the state under the Covenant. The government is obligated to submit its fourth periodic report on 1 November 2011. 1 Concluding Observations of Committee on Civil and Political Rights on the third periodic report of Georgia, Geneva, 19 October 2007. 2 Summary of the Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)2 The mandate of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) is to inspect detention centres, prisons, psychiatric institutions and facilities for juvenile offenders. The criteria for the inspections are those established by the Council of Europe on issues such as prisoner abuse, prison overcrowding, sanitation etc. On the whole, compared to 2006 the CPT found that conditions had "considerably improved" (CPT, p. 11). The CPT evaluated the facilities run by the different ministries separately. The recommendations expressed most urgency and concern over overcrowding and prisoner abuse in institutions run by the Ministry of Justice. With regard to abuse, on the positive side the CPT noted the implementation of legal reforms aimed at combating torture. Information obtained during a police interview was no longer admissible in court unless the same facts were repeated/confirmed by the prisoner during the trial. A plea argument would also be considered null and void if it was formed in such a way that it prevented a law enforcement officer from being held accountable for torture or abuse (CPT, p. 12). The committee also highlighted an 80% drop in reported prisoner ill-treatment since 2005 according to statistics of the