Report on conditions of Human Rights in Georgia in 2004 2004 Annual Report of'0 the Public Defender in Georgia 41 2 2004 THE OFFICE OF PUBLIC DEFENDER (OMBUDSMAN) OF GEORGIA Annual Report of the Public Defender in Georgia 3 Report on conditions of Human Rights in Georgia in 2004 TBILISI 2005 THE REPORT WAS PUBLISHED WITH THE FINANCIAL SUPPORT OF UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) Contents 1. INTRODUCTION: REVIEW ...................................................... 9 2. PERSONAL IMMUNITY, PROHIBITION OF TORTURE AND PRESSURE ............................................... 15 3. JUDICIAL SYSTEM AND ISSUES OF JUSTICE ................ 23 4. THE SITUATION IN THE PENITENTIARY SYSTEM OF GEORGIA ....................................................... 29 5. RECORDING INJURIES OF DETAINEES .......................... 33 6. THE SITUATION RELATED TO FREEDOM OF RELIGION ............................................. 35 7. THE RIGHTS OF NATIONAL MINORITIES ........................ 43 8. FREEDOM OF SPEECH AND EXPRESSION ..................... 46 9. FREEDOM OF INFORMATION ............................................ 52 10. FREEDOM OF MOVEMENT ................................................ 56 11. FREEDOM OF ASSEMBLY AND ASSOCIATION ............... 58 12. SOCIAL-ECONOMIC RIGHTS ............................................. 60 13. REVIEW OF THE CONDITIONS OF INTERNALLY DISPLACED PEOPLE AND REFUGEES IN GEORGIA ..... 66 14. PROTECTION OF CHILDRENS RIGHTS .......................... 74 15. THE CONDITIONS OF PERSONS WITH DISABILITIES ................................................................ 82 16. SITUATION REGARDING THE PROTECTION OF WOMENS RIGHTS ....................................................... 91 17. CONCEPT FOR THE REFORM OF THE PUBLIC DEFENDER'S OFFICE ........................... 96 18. STRUCTURE OF OFFICE OF PUBLIC DEFENDER ................................................. 101 19. DRAFT LAW ON COMPULSORY CIVIL SERVICE ....... 106 20. APPENDIX: INDIVIDUAL CASES OF FREEDOM OF SPEECH AND PRESS.............................................. 109 8 The following report reflects the state of human rights and free- doms in Georgia in 2004. Fur- thermore, in order to better ana- lyze developing trends in the country, we find it helpful to dis- cuss events that occurred at the beginning of 2005 as well. In regards to the positive trends, the practice of abduction for ex- torting money has disappeared outside the conflict regions. In Introduce previous years, there were doz- ens such cases and the number of abducted people averaged to 50-60 per year. At the same time, still there are often facts of illegal detentions by the police apprehending a per- son by planting weapons or aten, though Gela Kikilashvili drugs as well as violent acts, was not punished and in fact was beating and torture. transferred from his post to that of Director of Prison #7. Not a single case was filed aga- inst a policeman using the article In general, however, illegal de- of torture. In such cases the Pro- tentions and the beating and tor- secutors Office generally charges ture of detainees have dramati- with abuse of power, exceeding cally decreased at the end of last ones authorities, beating or year and at the beginning of this other. one. There are several possible explanations for this. First is that In addition, jailed individuals who the facts of beating and torture are ill do not receive adequate by police received international 2004 treatment. Medical intervention is focus, so that the relevant au- often delayed, as is transporta- thorities made a political decision tion to hospitals. As a result, so- to eliminate such facts. Second me of the cases of delayed treat- is that the Public Defenders Of- ment have had fatal consequen- fice together with non-govern- ces. mental organizations launched large-scale monitoring of police In regards to beating of prison- stations and pre-trial cells, par- ers, at the beginning of last Au- ticularly beginning early this year. gust, Director of Prison # 1, Gela As a result, not only has beating Kikilashvili, beat three prisoners: and torture dropped dramatically, Khvicha Shotashvili, Zviad Jan- but procedural violations, includ- gebashvili, and Deniam Aliev. In- ing violations of detention terms, dependent medical examinations have dropped as well. However, showed that all three were be- a new trend has emerged: most Annual Report of the Public Defender in Georgia 9 Introduction of injuries inflicted on detainees occur when they are first apprehended. Whether the detainee had resis- ted arrest or whether the police used excessive force is difficult to verify. Yet according to the large number of injuries and the claims of the detainees, it seems that the police are, in fact, using excess force. Large-scale monitoring of the police calls for large funds and human resources and the Public Defenders Office is unable to support it. That is why it is important to expedite the ratification of the Optional Protocol to the 2002 UN Convention against Torture that calls for the creation of an independent body monitoring human rights at places of imprisonment. Two particular cases deserve mention: 1. On May 22, 2004, the Gldani-Nadzaladevi police apprehended Khvicha Kvirikashvili who died the day following his return home. Traces of torture were obvious. A criminal charge was filed, but two of the policemen involved, Jemal Sanaia and Pavle Tatunashvili, were only reprimand, and the third employee, Roland Minaze, was imprisoned for 6 months and later released. 2. On November 23 2004, patrol policeman Grigol Vashaleishvili shot a citizen, A. Robakidze, in the Didube region of Tbilisi. Robakidze was driving with five friends when his car was stopped by the patrol police. According to police information, Robakidze and his friends had a machine gun that Robakidze fired twice in Vasheleishvilis direction. Vashaleishvili fired in return. All five people who were with Robakidze deny carrying a gun. They claim that they had given themselves up to the police without incident and exited the car with their hands in the air. They claim that the police officers were drunk and that Vashaleishvili fired by accident. The police version of the story is suspicious, as the accounts of the police officers are contradictory and the results of the medical examination deviate from the official version of the investigation. Following from this account, it would seem that the Ministry of Internal Affairs wanted to conceal Vashaleishvilis guilt, particularly as the incident coincided with a period in which the Georgian population began to develop trust towards fhs patrol police, and the authorities did not want to undermine this process. As a result, rather than punish Vashaleishvili, a charge was filed against Robakidzes compan- ions, of which two remain in pre-trial detention. One of the most significant changes to the Criminal Procedure Code is the abolishment of the institute of attendants. Last year the illegal use of attendants, more precisely those of fake aor so-called profes- sional attendants, became the basis for numerous cases of human rights violations. The police use such professional attendants when a person is apprehended as a result of drugs or carrying a weapon. The Tbilisi and Kutaisi Offices of the Public Defender revealed more than one case of use of such fake attendants. We arranged press conferences on this subject several times and sent relevant information to the Prosecutors Office and courts. Particularly, we demanded from the Prosecutors Office to look into cases uncovered by us and to file criminal charges in this regard. We supplied the courts with information and asked them to take it into consideration, which unfortunately they did not. The lack of independence of court authorities is one of the most pressing problems of the last year. The courts have been carrying out the prosecutions will, which is especially obvious in the field of applying the pretrial detention measures. In 2004 there were 1540 petitions from the Prosecutors Office to all five district courts of Tbilisi demanding imprisonment as a measure of restrain, of which 1280 were satisfied. In the Tbilisi primary court, only 68 cases were appealed out of 931 cases. 10 Freedom of speech in 2004 is difficult to assess in a single direction. On one hand, one of Europes most liberal legislation on the protection of freedom of expression and speech was adopted last year, print media was granted substantial tax concessions, and the law on public broadcasting was passed all undeniably positive steps forward. The decriminalization of libel was especially welcome, considering the 2003 attempt by Shevardnadzes government to increase the sentence for libel to 10 years. Parliament at that time had adopted the requisite amendments for its adoption in the Criminal Code on their first reading. On the other hand, media political debates, particularly in the electronic media, have decreased, and the media has become notably more lenient and less critical towards the government. The press avoided coverage of a number of topics, and both a lack of independence and pressure on media owners in their development of programming were obvious. Owners of leading television companies are either in the government themselves, or are involved in much larger-scale businesses and remain uncritical towards the government, as it is more profitable to do so for their businesses. Such circumstances certainly have an impact on the information these TV companies chose to cover. However,