United Nations reports on 'corruption, impunity, hate speech, influence on judiciary' in Georgia
By Liza Mchedlidze
Monday, August 1, 2022
The United Nations Human Rights Committee has published another report on Georgia on July 27, expressing concerns regarding the current situation in various areas and calls on the government to work towards solutions to these problems.
Office of the Public Defender
The UN Human Rights Committee states that it is concerned about the low level of implementation of its recommendations by public and private individuals.
The committee states that the state should provide sufficient human and financial resources to the Public Defender's Office, so that the Ombudsman can implement his mandate effectively and independently.
Anti-corruption measures
The Committee is concerned about the facts of corruption and bribery and their impunity. The non-investigation of cases involving high-ranking officials is particularly worrying. According to them, the reason for impunity is insufficient independence of law enforcement bodies and courts.
The committee calls on the Georgian authorities to take the necessary measures and investigate corruption cases in a timely, independent and impartial manner. Also review the legislation and ensure its effective implementation.
The fight against impunity and past cases of human rights violations
The Committee is also concerned about the slow progress in the investigation of human rights violations during and after the 2008 armed conflict. He also notes that there is no progress in the "prison riot" cases of 2006 either. The Committee expresses serious concern at the process of trying criminals, which they say creates an environment of impunity.
Gender equality
According to the UN committee, although the authorities have taken some measures to promote gender equality, violence against women, domestic violence and increased representation of women in parliament, the committee remains concerned that women from particularly vulnerable groups are still not adequately represented in decision-making positions in public life.
Discrimination based on sexual orientation and gender identity
The Human Rights Committee is concerned about the facts of discrimination, violence, harassment and attacks against lesbian, gay, bisexual and transgender people. Specifically, we are talking about the violence against this group, their human rights defenders and journalists at the Tbilisi Pride March on July 5-6, 2021.
The Committee notes that even more disturbing is the homophobic and transphobic rhetoric by politicians, public figures and religious figures that goes unpunished.
It also calls on the state to take adequate measures to prevent homophobic and transphobic discourse by politicians and public figures. Also to adopt legislation, which will make the process of gender recognition fast, transparent and accessible for people.
Hate speech and hate crimes
The report also talks about intolerance, hate speech and hate crimes against minorities and vulnerable groups, including women, ethnic and religious minorities, the LGBTQI+ group and migrants. According to the committee, such cases are often carried out by radical right-wing groups. The Committee is concerned about the lack of reporting and investigation of such crimes.
In this regard, the Human Rights Committee calls on the Georgian authorities to fight against intolerant, stereotypical attitudes and hatred among them, through public awareness campaigns and special training of law enforcement agencies.
Violence against women
The Human Rights Committee states that it is concerned about the lack of reporting of violence against women, especially sexual violence, and the low number of investigations and prosecutions of these cases. In addition, according to the committee, it is alarming that the victim is not sufficiently protected and does not receive proper, including psychological, assistance. It should be noted that a victim of domestic violence receives asylum only if he has received the status of a victim. It is also important that Georgian legislation does not recognize the absence of consent as one of the important elements of rape. In addition, the definition of crimes against dignity is not clearly written.
Right to life, prohibition of torture and other cruel, inhuman or degrading treatment or punishment
In this part of the report, the Committee states that it is concerned about the speedy manner in which the Office of the State Inspectorate was abolished without consultation and the chilling effect of this fact on other independent human rights institutions. The Committee is concerned that the investigation of allegations of ill-treatment and torture by law enforcement officers is, in many cases, not under the heading of inhuman or degrading treatment, but under the heading of excessive force.
The report also talks about the murder case of Temirlan Machalikashvili in 2017, around which, according to the committee, no effective investigation has been conducted to this day.
Administrative detention
The UN Human Rights Committee is concerned about issues not provided for in the Code of Administrative Offenses. Among them, according to the committee, the reporting standards in case of administrative crimes are unclear, the detainee has no right to appeal the decision, the administratively detained often do not receive legal guarantees, including they do not have access to legal advice and the right to appear before a judge in a timely manner. All this, according to the committee, increases the risks of ill-treatment, both during arrest and captivity.
The Committee calls on the Georgian authorities to bring the Code of Administrative Offenses into line with the UN Convention.
Treatment of IDPs
The Human Rights Committee says it is alarming to report that approximately 52% of internally displaced families are still waiting for asylum, with many families living in municipal buildings, schools and camps - sites unsuitable for long-term living, often without water, electricity or sewage systems.
According to the committee, it is also worrying that the poverty rate among IDPs is high, monthly social assistance is insufficient and IDPs do not have proper access to services.
The committee calls on the authorities to provide sustainable housing for the internally displaced and to improve the living conditions in the collective settlements. It also calls for the creation of income opportunities and the strengthening of financial assistance programs.
Judicial independence and fair trial
The Committee remains concerned about the lack of independence and impartiality of the Georgian judiciary. According to them, they are particularly concerned about the lack of transparency in the process of choosing and appointing judges, as well as the concentration of power in the Supreme Council of Justice.
According to the committee, the fact that the Council of Justice appoints and dismisses an independent inspector is also problematic, which calls into question the inspector's independence.
This part of the report also talks about politically motivated crimes, including the arrest of Nika Melia and Mikheil Saakashvili. The Committee states that in the case of Saakashvili, reports that his trial is being conducted in violation of the principles of a fair trial are disturbing.
Right to private life
One of the issues in the committee's report is the right to private life, the situation surrounding which the human rights committee also assesses with concern. According to the committee, the lack of defense mechanisms against the invasion of the right to privacy through surveillance and access to personal data is a cause for concern.
The Committee is particularly concerned about reports of an operational-technical agency that conducts electronic surveillance and has both regulatory and monitoring powers. It should also be noted that this agency is not sufficiently independent from the State Security Service.
"The President's veto of proposed procedural amendments to the Criminal Code is noteworthy, but the Committee is disappointed by this legislative effort to increase the scope and duration of covert investigative activities that could seriously infringe on the right to privacy," the report states.
In this case too, the Human Rights Committee calls on the Georgian authorities to bring the law on covert investigative actions into line with the agreement concluded with the United Nations.
Freedom of expression
The report also talks about problems related to freedom of expression. The Committee states that it is concerned about polarization in the media and the government's use of administrative, financial and judicial means of pressure on the media, including the change of ownership or management of critical media outlets and the initiation of criminal prosecutions against media outlets and their employees.
According to the committee, the number of threats, violence and attacks against journalists, human rights defenders and government critics has increased sharply in recent years. According to the committee, government officials often participate in this type of impunity.
The UN committee says it is also concerned about political influence on the National Communications Commission and possible restrictions on media freedom.
"The state should redouble its efforts to prevent and prohibit public figures and private actors, including members of radical groups, from interfering with the legitimate exercise of freedom of expression by journalists, artists, writers, human rights defenders and government critics," the report reads.
In this subsection, the UN calls on the Georgian authorities to impartially and promptly investigate the cases of July 5-6, 2021, as well as the cases of Afghan Mukhtarli.
These are some of the articles of report published by the UN.
