200 7 The Public Defender of Georgia Report of the Public Defender of Georgia 1 Human Rights in Georgia Report of the Public Defender of Georgia 2007Second half of TBILISI 2008 The views expressed in this publication do not necessarily represent those of the United Nations or UNDP. UNITED NATIONS PUBLIC DEVELOPMENT DEFENDER PROGRAMME OF GEORGIA THE REPORT WAS PUBLISHED WITH FINANCIAL SUPPORT OF THE UNITED NATIONS DEVELOPMENT PROGRAMME (UNDP) CONTENTS 1. POLITICAL PERSECUTION 9 2. FREEDOM OF ASSEMBLY AND MANIFESTATION 18 3. FREEDOM OF SPEECH AND EXPRESSION 47 4. PRESUMPTION OF INNOCENCE 78 5. 5 JANUARY 2008 EXTRAORDINARY PRESIDENTIAL ELECTIONS: FACTS AND RECOMMENDATIONS 85 6. THE STATE OF HUMAN RIGHTS CONDITIONS IN PSYCHIATRIC INSTITUTIONS AND THE RIGHTS OF PATIENTS PARTICIPATING IN ELECTIONS 100 7. RIGHT TO A FAIR TRIAL 104 8. ENFORCEMENT OF COURT JUDGMENTS 113 9. PROSECUTORS OFFICE AND HUMAN RIGHTS 117 10. MINISTRY OF INTERNAL AFFAIRS AND HUMAN RIGHTS 125 11. MONITORING OF TEMPORARY DETENTION ISOLATORS AND POLICE UNITS OF THE MINISTRY OF INTERNAL AFFAIRS AND GUARDHOUSE OF THE MINISTRY OF DEFENSE OF GEORGIA 129 12. PENITENTIARY SYSTEM 133 13. CAUSES AND FACTORS AFFECTING MORTALITY RATE AT GEORGIAN PENITENTIARY INSTITUTIONS 138 14. PROTECTION OF THE RIGHTS OF PEOPLE LIVING IN CONFLICT ZONES 170 15. PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS (IDP) 174 16. PROTECTION OF REFUGEES RIGHTS 180 17. FREEDOM OF INFORMATION 185 18. VIOLATION OF THE RIGHT TO PROPERTY 187 19. SOCIAL PROTECTION 191 20. RIGHTS OF DISABLED PEOPLE 196 21. THE RIGHTS OF A CHILD 201 22. GENDER EQUALITY ISSUES 209 23. VIOLENCE AGAINST WOMEN IN GEORGIA 211 24. PROBLEM OF TRAFFICKING IN GEORGIA 215 25. FREEDOM OF RELIGION 218 26. RECOMMENDATIONS 220 27. ANNEX #1. POLITICAL PERSECUTION 227 28. ANNEX #2. FREEDOM OF ASSEMBLY AND MANIFESTATION 233 29. ANNEX #3. FREEDOM OF SPEECH AND EXPRESSION 269 30. ANNEX #4. RIGHT TO A FAIR TRIAL 287 31. ANNEX #5. ENFORCEMENT OF COURT JUDGMENTS 298 32. ANNEX #6. PROSECUTOR'S OFFICE AND HUMAN RIGHTS 307 33. ANNEX #7. MINISTRY OF INTERNAL AFFAIRS AND HUMAN RIGHTS 316 34. ANNEX #8. PENITENTIARY SYSTEM 324 6 35. ANNEX #9. PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS (IDP) 327 36. ANNEX #10. FREEDOM OF INFORMATION 343 37. ANNEX #11. VIOLATION OF THE RIGHT TO PROPERTY 350 38. ANNEX #12. SOCIAL PROTECTION 371 39. ANNEX #13. THE RIGHTS OF A CHILD 382 40. ANNEX #14. FREEDOM OF RELIGION 384 200 7 Report of the Public Defender of Georgia 7 8 The number and intensity of ap- plications received by the Public Defenders office indicate that af- ter the unification of opposition forces in October 2007 events of political persecution reached their peak. The main aim of this perse- cution was to frustrate the oppo- sition actions and to influence the pre-election process. 1 POLITICAL PERSECUTION After analysing the applications, the impression gained was that a certain circle of individuals was mobilized to identify and exert pressure upon oppositionists and other cases, the persecution con- their families. Often it is difficult sisted of propaganda campaigns to assert whether governmental against leaders in the opposition. officials directly participated in such actions, but it is clear that the All means and methods of threat authorities appear to be the inter- and political neutralization were ested party in this matter. The sta- applied towards individuals belon- tements and demands of the as- ging to opposition forces. Several sailants towards the oppositionists applications received by the Pub- give grounds to this claim. As a lic Defenders office serve as proof rule, the demands were identical to such behaviour. Members of in each case oppositionists or opposition parties Kakha Kukava, their family members were to dis- Koba Davitashvili and Bezhan continue their political activities Gunava repeatedly talked about and law enforcement officers were being persecuted and shadowed, also asked to take part in the pressu- yet none of their statements ever re, often through direct participa- became the object of interest to tion, as evidenced by statements law enforcement officials and no made by victims and witnesses. legal action followed. Accounts of such persecution are included in 200 Practically all means of intimida- this chapter, as well as the chap- tion were applied against politi- ters entitled, Freedom of Rallies cally active persons, including phy- and Mass Demonstrations and sical threats, shadowing, office Freedom of Expression. raids, insults, kidnapping, pressure upon families, and detentions, both Pursuit of individuals for their po- administrative and criminal. Po- litical opinion is unacceptable and litical persecution became the nor- impermissible in a democratic so- mal tendency for the time period ciety. According to Article 14 of directly before and after the No- the Georgian Constitution, ev- vember riots. Individual members eryone is free by birth and is equal of opposition parties speak about before the law regardless of race, 7 their problems related to their tra- colour, language, sex, religion, vel, as well as receiving anonymo- political and other opinions, na- us telephone calls and insults. In tional, ethnic and social belong- Report of the Public Defender of Georgia 9 POLITICAL PERSECUTION ing, origin, property and title, and place of residence; and Article 156 of the Georgian Criminal Code provides for protection from and punishment for persecution for speech, opinion, conscience, religious denomination, faith or creed, and political, public, professional, religious or scientific pursuits. SHADOWING AND TELEPHONE THREATS TOWARDS MEMBERS OF OPPOSITION PARTIES Representatives of opposition parties state that they and their offices were frequently shadowed. In most cases, the shadowing including videotaping, which was probably used to identify persons involved in the opposition, or who had close ties to the opposition. Police representatives, admittedly, participated in the shadowing. The above action, if not authorised, is an illegal interference into peoples private lives. According to Article 20 of the Georgian Constitution, everyones private life, place of personal activity, personal records, corre- spondence, communication by telephone or other technical means, as well as messages received through electronic means shall be inviolable. Restriction of the aforementioned rights shall be permissible by a court decision or also without such decision in the case of the urgent necessity provided for by law. Information gathering about the activities and movement of representatives of political parties by means of unauthorised shadowing is not provided for by any rule, or exception to it. Hence, it cannot be justified as an urgent necessity provided for by law. Several facts point to the police representatives participation in shad- owing opposition party members. The case of Tsisia Dolidze: Tsisia Dolidze, chief of the Patarkatsishvili Ajara Regional organizations press office notified the Public Defenders Office that local police authorities were shadowing the Batumi office of presidential contender Patarkatsishvili, No. 16, Gamsakhurdia St. On October 4, 2007, the Public Defenders representative visited Batumi to verify the claim. Near Patarkatsishvilis electoral headquarters, the repre- sentative noticed an official from the 3rd division of the Batumi Interior Administration in a red Mercedes. The Public Defenders representative asked the official the reason for his presence, to which he responded that the area was his responsibility and he was controlling it. After being informed about Badri Patarkatsisvhili electoral staffs suspicion of being shadowed, the official left the territory. The case of Nino Gelashvili: Ms. Nino Gelashvili, chairperson of the Conservative Partys Khashuri regional organization, also talks about her office being shadowed. During the pre-election period, a white car, license plate number SSS 329, was constantly shadowing near her office. Unknown persons in the car were videotap- ing party members and their associates. On 14 December 2007, Conservative Party members were spreading information about the visit of Levan Gachechiladze, leader of the joint opposition to Khashuri. Not far from the village of Natsargori, people who were traveling in the above-mentioned car stopped them. As it later became clear, the people in the car were representatives of criminal police, though they did not identify them- selves at the time and neither presented any identification. They took down the names of the party members and their associates, checked the boot of their car and warned them not to use megaphones. During the offices reporting period, threatening telephone calls were frequently made; unidentified persons often called opposition party members using psychological threats, damaging words and death threats. The above-mentioned calls were politically motivated, and the caller demanded the person who answered the call to discontinue their political activity, abstain from any political activities, etc. Though these facts were brought to the attention of the appropriate bodies, no investigations or proceedings have as yet been taken. On 25 December 2007, members of the joint opposition held a press-conference where they presented a recorded telephone conversation between Bezhan Gunava and an unknown person. The conversation was 10 also broadcast on Imedi TV. The unknown person confirms he repeatedly called Bezhan Gunava and in- sulted him. The opposition members claim