HUMAN RIGHTS VIOLATIONS IN GEORGIA ALTERNATIVE REPORT TO THE UN HUMAN RIGHTS COMMITTEE 90th session INITIALLY SUBMITTED TO THE UN COMMITTEE AGAINST TORTURE AT TIS 36th SESSION – MAY 2006 Public Health and Medicine Development Fund of Human Rights Georgia Information and Documentation Center Researched and written by : Nino Gvedashvili and Ucha Nanuashvili (HRIDC) Ana Dolidze and Sophie Japaridze (GYLA) Lia Saralidze, Ketevan Margalitadze and Mariam Maskhulia (PHMDF) Mariana Duarte, Cécile Trochu and Patrick Mutzenberg (OMCT) OMCT wish to thank Vanessa Kerampran, Victoria Lee and Vénus Maroun for their assistance in the research and edition of the report. Geneva – Tbilisi, 24th April 2006 1 Foreword: Writing alternative reports is one of the primary activities of the World Organisation Against Torture (OMCT) and a vital source of information for the United Nations Treaty Bodies including the Committee Against Torture (CAT). This activity is complementary to providing direct assistance to victims. These alternative reports are a valuable source for Independent Experts who analyse the implementation of the United Nations Human Rights Instruments. With these reports, it is possible to see the situation as objectively as possible and to take a critical look at government action to eradicate torture and other cruel, inhuman or degrading treatment or punishment. Under the aegis of the European Union and the Swiss Confederation, OMCT’s “State Compliance” Programme together with the “Rights of the Child” and “Violence against Women” Programmes present this report on human rights violations in Georgia at the occasion of the 36th session of the Committee Against Torture to be held in Geneva from 1st May to 19th May 2006 during which the third periodic Georgian Report will be reviewed. This report was jointly prepared by three national human rights non-governmental organisations (NGOs) in collaboration with OMCT. Representatives from these NGOs will present this alternative report and point out their concerns and issues about the situation in Georgia during a briefing session with the members of the Committee Against Torture. This report will be published and used to lobby on the national and international levels. Notice of the dialogue between the independent experts of the CAT and the official Georgian delegation the Concluding Observations and recommendations of the Committee will be added to the report. Finally, a follow-up mission in Georgia took place in September 2006 to launch the shadow report and publicise the CAT Concluding Observations. 2 Table of content: 1. GENERAL INTRODUCTION ..................................................................................... 4 Human Rights Information and Documentation Centre (HRIDC) ........................ 4 Georgian Young Lawyers Association (GYLA) ..................................................... 4 The Public Health and Medicine Development Fund of Georgia (PHMDFG) ...... 5 2. GENERAL BACKGROUND ...................................................................................... 5 3. HISTORICAL AND POLITICAL BACKGROUND ..................................................... 8 4. RELEVANT LEGAL BACKGROUND ....................................................................... 9 4.1. International legal background...................................................................... 10 4.2. Status of international treaties in domestic law........................................... 10 4.3. Domestic provisions restricting human rights including State of emergency .............................................................................................................. 11 5. DEFINITION OF TORTURE (ARTICLE 1 CAT) ...................................................... 11 5.1. Analysis of the legal provisions (Constitution, Criminal Code, Criminal Procedure Code, etc.) which prohibit torture...................................................... 11 5.2 Practice of torture ............................................................................................ 18 5.3. State killings under the cover of “special operations”................................ 28 5.4. Victims of torture and ill-treatment................................................................ 33 6. NON-REFOULEMENT (ARTICLE 3 CAT) : CHECHEN EXTRADITION FROM GEORGIA .................................................................................................................... 33 7. MEASURES TO PREVENT ACTS OF TORTURE (ARTICLES 2 AND 10 CAT) ... 35 Effective legislative, administrative, judicial and other measures to prevent acts of torture (Article 2.1) .................................................................................... 35 8. ARREST, DETENTION OR IMPRISONMENT (ARTICLE 11 CAT)........................ 38 8.1. Fair Trial ........................................................................................................... 39 8.2. Living conditions in detention centres ......................................................... 40 8.3. Right to liberty and security of person, the prohibition of arbitrary arrest or detention ............................................................................................................ 43 9. INVESTIGATION, REMEDY AND REDRESS (ARTICLES 12 TO 14 CAT)........... 52 9.1. Investigation (Articles 12 & 13)...................................................................... 52 9.2. Redress (Article 14) ........................................................................................ 55 RECOMMENDATIONS................................................................................................ 59 ANNEX 1 : TRAFFICKING IN HUMAN BEINGS ........................................................ 62 ANNEX 2 : DRAFT LAW ON THE RIGHTS OF THE CHILD...................................... 67 3 1. General Introduction Authors of the report (Brief presentation of the organisation) Human Rights Information and Documentation Centre (HRIDC) The Human Rights Information and Documentation Centre (HRIDC) was founded on 10 December 1996, as a non-profit, non-governmental organisation in Tbilisi, Georgia. The main purposes of HRIDC are to protect and promote human rights and basic freedoms in Georgia. The main priorities of the organisation are: ¾ Advocacy – a Legal Aid Centre functions at the HRIDC office where individuals can have access to free legal consultations. ¾ Information – www.HumanRights.ge is an online magazine and web portal on human rights in Georgia daily updated by the organisation. ¾ Projects – the Centre is continuously elaborating and implementing various projects to improve the human rights situation in Georgia. ¾ Education/Public awareness raising – the Centre organises training sessions and seminars for different target groups on human rights related topics. ¾ Monitoring/Reporting – the organisation monitors the human rights situations in Georgia and reports its findings to the EU, OSCE, UN and others. The Centre also publishes materials, brochures, booklets, handbooks and other materials on human rights. ¾ Lobbying – the Centre is involved in lobbying official bodies in the legislative and policy fields to promote human rights in Georgia. The Centre implements the following programmes: Children’s Rights, Women’s Rights, Trafficking, Refugees & IDPs, Social, Economic and Cultural Rights, Police and Human Rights, Conflict Prevention/Resolution and Education in Human Rights. HRIDC is a member of the following international networks: International Federation for Human Rights (FIDH); SOS-Torture - OMCT Network (World Organisation Against Torture); Human Rights Without Frontiers Int.; Human Rights Information and Documentation Systems, (HURIDOCS), International Peace Bureau; Child Rights Information Network; European Network for Civil Peace Services; NGO Coalition for the International Criminal Court; UNITED for Intercultural Action - European Network Against Nationalism, Racism, Fascism and Support of Migrants and Refugees. Georgian Young Lawyers Association (GYLA) Georgian Young Lawyers Association (GYLA) was initiated as a union of professional lawyers dedicated to change the image of the legal profession by taking the lead in creating a just society. GYLA was officially registered in September 1994 as a non-profit, non-governmental organisation. GYLA is a professional organisation based on membership; today it is comprised of 600 members. GYLA has been developing its capacity in two different sectors for the last 13 years: Development of the Free Legal Aid System (LAS) and of the Legal Training and 4 Information Centre (LTIC) in order to support rule of law through alternative legal education and increasing the accessibility of legal aid for the vulnerable population. During these 13 years, GYLA has been operating, and continues operation of its activities, through its offices in most of the regions in Georgia: Telavi, Rustavi, Gori, Kutaisi, Batumi, Dusheti and Ozurgeti. GYLA plays an important role in establishing an effective legal basis for the protection of human rights and undertakes a major lobbying role at the Georgian Parliament. At the same time, GYLA has established a precedent for the effective use of existing means to protect human rights. The association has expanded its activities and geographical mandate due to the increased demand for its services from various groups of society. Originally, GYLA was working for alternative legal education and the protection of civil and political rights. However, growth of the organisation