200 6 The Public Defender of Georgia Report of the Public Defender of Georgia 1 Human Rights in Georgia Report of the Public Defender of Georgia 2006first half of TBILISI 2007 THE REPORT WAS PUBLISHED WITH THE FINANCIAL SUPPORT OF GOVERNMENT OF NORWAY AND UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) Contents 1. INTRODUCTION BRIEF OVERVIEW OF THE SITUATION 9 2. THE SITUATION OF PROTECTION OF HUMAN RIGHTS AND FREEDOMS IN THE SPHERE OF JUSTICE AND POWER STRUCTURES 15 The Judiciary and Human Rights 15 Prosecutors Office and Human Rights 28 Fiscal Police and Human Rights 45 Ministry of Internal Affairs and Human Rights 48 Police Monitoring 55 Human Rights in Armed Forces 56 3. THE SITUATION IN THE PENITENTIARY SYSTEM 58 Changes to the Law on Imprisonment, prisoner rights and the situation in the penitentiary establishments 58 The Training Centre for the Penitentiary and Probation Service 60 Visits to Prisoners 60 The Right to Defence 67 Video Cameras in Meeting Rooms 69 Food, Parcels, Packages 69 Natural Light and Ventilation 72 Hygiene 74 Clothing and Bedding 76 Work and Education 77 Prisoners Property 79 Overcrowding 79 Prisoner Accommodation 81 Escorting Inmates 81 Beating and Torturing Prisoners, Riot at Prison No.5 82 Provision of Medical Services in the Penitentiary System 89 4. ENFORCEMENT OF JUDGEMENTS 141 5. EXECUTION OF JUDGEMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS 143 The Situation of Execution of Judgements of the European Court 143 Considering ECHR Judgements 144 6. ON THE VIOLATION OF HUMAN RIGHTS IN THE TERRITORIES OUTSIDE THE CONTROL OF CENTRAL AUTHORITIES 146 The Situation in Georgian-Language Schools in Gali Region 151 Democratic Institutions in the Peace-Keeping Zone 152 The Situation of the Protection of Human Rights in Tskhinvali Region 153 Persecution for Political Beliefs 153 Liability for Human Rights Violations in the Territory of Abkhazia and South Ossetia 154 7. ON THE SOCIO-ECONOMIC SITUATION OF IDPS 156 8. PROTECTION OF REFUGEES RIGHTS 169 9. FREEDOM OF ASSEMBLY AND MANIFESTATIONS 173 10. THE SITUATION OF MEDIA IN GEORGIA 179 Media in the Regions 181 Enhancing Cooperation between State Structures and Mass Media 186 Plan for Protection of Journalists 190 11. PROTECTION OF FREEDOM OF BELIEF AND TOLERANCE 197 Protection of Freedom of Belief 197 Problematic Issues 199 Tolerance and Integration 200 Annex 1 200 Annex 2 202 12. THE NATIONAL MINORITIES COUNCIL 204 13. THE RIGHTS OF THE CHILD 207 Centre for the Rights of the Child 207 Monitoring of Childrens Institutions 208 Street Children 211 Applications 215 Deinstitutionalisation Programme 216 The State Policy towards Juvenile Delinquents 217 6 14. GENDER EQUALITY ISSUES 220 15. THE PROBLEM OF TRAFFICKING IN GEORGIA 225 16. PEOPLE WITH DISABILITIES 229 Annex 235 17. SOCIAL -ECONOMIC RIGHTS 237 The Right to Adequate Standard of Living 238 The Right to Property 245 Importance of Entrepreneurial Activity and Freedom of Entrepreneurship 251 The Labor Right 254 18. THE RIGHT TO HEALTH PROTECTION 266 Main Trends of Demographic Development 266 Provision of High Quality Medical Care 268 Monitoring of Medical Services and Social Assistance for the HIV/AIDS Patients 270 Professional Responsibility of Doctors 276 19. FREEDOM OF PUBLIC INFORMATION 295 The Concept of Freedom of Information 295 Facts of Delayed Issuance of Public Information and Follow-On by the Public Defender 295 20. THE RIGHT TO EDUCATION 299 21. PATIENTS RIGHTS AND THEIR PLACEMENT AND TREATMENT CONDITIONS IN PSYCHIATRIC CLINICS 301 22. LEGISLATIVE PROPOSALS 306 200 23. CONSTITUTIONAL CLAIMS OF PUBLIC DEFENDER 315 24. LEGAL GUARANTEES OF POWERS OF THE PUBLIC DEFENDER 319 25. RECOMMENDATIONS 324 6 Report of the Public Defender of Georgia 7 BRIEF OVERVIEW OF THE SITUATION The report on the human rights situation shall be submitted to Parliament by the Public Defen- der twice every year, as provided for by Article 22 of the Law on the Public Defender of Georgia. 1 This Report contains an analysis INTRODUCTION of the human rights situation in Georgia for the first half of 2006, describes the violations found in the reporting period, and provi- des recommendations on measu- res to be taken with a view to re- medying the situation. Creation of the Public Defenders Institution under the 1995 Consti- tution and adoption of the Organic Law on the Public Defender of Ge- Preparation of legal proposals and orgia in 1996 led to the establish- recommendations on statutory acts ment of a national mechanism for submitted to Parliament for consid- the protection of human rights fo- eration constitutes an important unded on traditions and basic prin- part of the work carried out by the ciples of European Ombudsmans Public Defenders Office, and is cov- institutions. Since 1996, the Pub- ered in a special chapter of the Re- lic Defenders Office has provided port. an effective leverage for the protec- tion of human rights in Georgia, The Public Defenders Office seeks as corroborated by numerous in- to promptly follow on all facts of terventions by PDO, as well as in- human rights violations. As a result, creased trust by the public. the public trust and credit given to 200 the PDO has increased consider- It is important to note that over the ably. reporting period the PDO, in con- junction with international and lo- The sociological survey conducted cal experts, prepared a package of by the Business Consulting Group draft changes and amendments to (BCG) within the framework of the the Law on the Public Defender. UNDP sponsored Public Defend- The changes to be made to the Law ers Office Support Project gives an stem from the current situation in idea of the attitude of the public the protection of human rights and to the issue of human rights pro- aim to better specify the Public tection in Georgia. The survey cov- Defenders functions, thus leading ered 3500 respondents from 407 6 to better effectiveness of the insti- reference points in various regions tution. Draft changes were submit- of Georgia, including representa- ted to Parliament for consideration tives of executive, legislative and ju- at its spring session. diciary bodies, NGOs and the me- Report of the Public Defender of Georgia 9 INTRODUCTION dia. The survey helped to identify problems of particular concern for the public. Most of the respondents see the main problem in prevailing socio-economic predicament in the country. PLEASE, ASSESS EACH OF THE PROBLEMS LISTED BELOW ON 1-11 SCALE, WHERE 1 MEANS ABSOLUTELY INSIGNIFICANT AND 11 MEANS VERY SIGNIFICANT DONT KNOW PERCENTAGE OF AVERAGE ASSESSMENT RESPONDENTS UNEMPLOYMENT 10,4 1,8% LOW LEVEL 10,0 4,8% OF REMUNERATION HEALTHCARE, 9,1 2,2% SOCIAL WELFARE DRUGS 9,0 3,8% HUMAN RIGHTS 8,8 5,9% VIOLATION ENVIRONMENTAL 8,0 5,2% PROBLEMS CORRUPTION 7,9 8,6% SECURITY 7,7 6,6% ETHNIC PROBLEMS 6,9 6,8% FREEDOM OF THOUGHT 6,8 6,8% AND EXPRESSION TERRORISM 6,1 8,3% Answers to the question Whom would you apply to in case your rights are violated? looked as follows: 10 WHOM WOULD YOU APPLY TO IN CASE YOUR RIGHTS ARE VIOLATED? CONSOLIDATED DATA PUBLIC DEFENDER (PUBLIC 20,2% DEFENDERS OFFICE) COURT 11,2% POLICE, PATROL 9,5% GOVERNOR, GOVERNORS OFFICE 6,2% DEFENCE COUNSEL, LAWYER 3,8% LAW-ENFORCEMENT BODIES 3,4% (LEGISLATIVE BODIES AT ALL LEVELS) LOCAL AUTHORITIES 3,2% (LOCAL GOVERNMENT) PRESIDENT 3,1% SAKREBULO (LOCAL COUNCIL) 2,7% NGO 1,9% RELEVANT BODY 1,7% GOVERNMENT 1,6 OTHER 5,2% NO ONE 15,2% DIFFICULT TO ANSWER 16,5% NOTE: RESPONDENTS COULD INDICATE SEVERAL OPTIONS; 200 HENCE, THE SUM TOTAL IS GREATER THAN 100%. In order to get a clear picture of the work carried out by the Public Defender in the reporting period, we tried to identify the main trends and tendencies in the protection of human rights, as well as attitudes of the public to the PDO. In order to consider the main strands in the PDOs work, the data for the earlier half of 2006 were compared with the results of 2005, as well as 2003 and 2004. Comparative analysis has demonstrated certain changes both in statistics and dynamics, surfaced new tendencies (positive and negative aspects), and pointed to ways of addressing the problems, as well as future prospects. One of the important elements in PDOs activities is its follow-up work in response to citizens complaints and 6 applications addressed to the Public Defender complex, versatile and time-consuming work. The diagram below shows the dynamics of applications addressed to the Public Defenders Office in 2003- 2006. Report of the Public Defender of Georgia 11 INTRODUCTION NUMBER OF APPLICATIONS ADDRESSED TO THE PUBLIC DEFENDERS OFFICE (2003-2006) TOTAL NUMBER OF APPLICATIONS NUMBER PERCENTAGE 2500 35% 40% 35% 2000 30% 25% 1500 20% 20% 25% 20% 1000 15% 10% 500 5% 0 0% 2003 2004 2005 2006 I naxevari IN 2005, THE NUMBER OF APPLICATIONS BOTH FROM TBILISI AND REGIONS WAS ALMOST TWICE APPLICATIONS FROM TBILISI AS MUCH AS IN 2004. 2000 44% 50% 45% 40% 1500 30% 35% 26% 30% 1000 25% 20% 15% 500 10% 5% 0 0% 2003 2004 2005 HAVE YOU EVER HEARD OF THE PUBLIC DEFENDERS OFFICE? YES NO 67,4% 32,6% 12 The main line of reasoning for respondents satisfied with the PDO is the enhanced work of the Ombudsman over the past period (63.6%). Respondents showing criticism say that the PDO is not fully independent, or it starts a case but fails to complete it. They think that the institution is weak, as it lacks leverage necessary for adequately addressing an issue. The diagram below shows the break-up of applications submitted to the PDO in the first half of 2006.