US Report on Human Rights in Georgia 2021
By Natalia Kochiashvili
Thursday, April 14, 2022
On April 12, the US State Department released its annual report on the state of human rights in the world. It reviews the individual, civil, political and labor rights enshrined in the International Declaration of Human Rights and international agreements. The report reviews all countries receiving assistance from the United States and all UN member states - a total of 198 countries and territories, including Georgia.
Significant human rights issues in Georgia included credible reports of: serious problems with the independence of the judiciary along with arbitrary or selective detentions, investigations, and prosecutions widely considered to be politically motivated; unlawful interference with privacy; violence and threats of violence against journalists; limited respect for freedom of peaceful assembly and association; and crimes involving violence or threats targeting LGBTQI persons and activists.
The U.S. report said there remained indications of interference in judicial independence and impartiality in Georgia.
“Judges were vulnerable to political pressure from within and outside the judiciary on cases involving politically sensitive subjects or individuals. The long-standing practice of transferring judges from one court to another also remained a problem. Decisions regarding transfers were made by the High Council of Justice, and these decisions were unsubstantiated.”
The report noted that most of the judges transferred to administrative chambers panels reportedly were affiliated with the ‘clan,’ and almost all of them were associated with high-profile cases.
The government’s failure to credibly investigate and prosecute the organizers of violence on July 5-6 resulted in impunity for those abuses. Lack of accountability also continued for the inappropriate police use of force against journalists and protesters during June 2019 demonstrations and the 2017 abduction and rendition from Georgia of Azerbaijani journalist and activist Afgan Mukhtarli.
According to the report, while the constitution provides for freedom of expression, including for the media, the government did not adequately safeguard that freedom.
The report highlighted that the police statements soon after the death of TV Pirveli cameraman Aleksandre Lashkarava, who died a few days after being assaulted during July 5 homophobic pogroms, ‘appeared aimed at discrediting the journalist instead of determining the cause of death’. The document also cited a significant number of journalists reporting that they were either prevented from covering public events or did not receive key public information when requested.
On a positive note, the report said the government did not restrict or disrupt access to the internet or censor online content. But concerns remain regarding unauthorized surveillance.
Credible reports of political violence continued, the report said. “Intimidation, pressure against voters and candidates, and abuse of administrative resources, further blurring the lines between the government and ruling party, persisted throughout the first and second rounds of the October municipal elections.”
The human rights report said while the constitution prohibits arbitrary arrest and detention, the government’s observance of these prohibitions was uneven. The document also discussed the issue of political prisoners in Georgia. Particular attention is paid to the February 17 verdict and arrest of Nika Melia, the leader of the United National Movement, which was considered politically motivated by independent lawyers. The report cites the ombudsman of Georgia as concluding that Melia's arrest was ‘neither justified nor necessary’.
The report also emphasized that Russian-occupied regions of Abkhazia and Samachablo region remained outside central government control, and de facto authorities were supported by Russian forces. The cessation of hostilities from 2008 remained in effect, but Russian guards restricted the movement of local populations. Significant human rights issues in the regions included credible reports of unlawful detentions; restrictions on movement, especially of ethnic Georgians; restrictions on voting or otherwise participating in the political process; and restrictions on the ability of ethnic Georgians to own property or register businesses.
De facto authorities did not allow most international organizations regular access to the Tskhinvali region to provide humanitarian assistance. Russian ‘borderization’ of the administrative boundary lines increased, further restricting movement and separating residents from their communities and livelihoods. Russian and de facto authorities in both regions committed abuses with impunity.
Mikheil Sarjveladze, the Chairman of the Parliamentary Committee on Human Rights noted the document appreciated the achievements in ‘improving human rights standards’ over the past year - the reduction of the number of pretrial detainees and the general number of prisoners, as well as their rehabilitation and resocialization, and in the subject of amnesty.
Sarjveladze also said that violations of high public or political interest, which are criticized by their opponents, are not cited in the affirmative format and rely on other sources, such as ombudsman or opposition parties. He emphasized that the report does not say anything about which the public is not fully informed and which is not widely discussed - both the positive and critical parts of the trends.
