On March 30, 2018, Nino Lomjaria, Public Defender of Georgia, submitted a report on the situation of human rights and freedoms in 2017 to the Parliament of Georgia. The 347-page report discusses the challenges and progress in the protection of human rights and freedoms enshrined in the constitution and names the state agencies and local self-governmental bodies that violated human rights and freedoms. The document also provides information about the implementation of the recommendations issued by the Public Defender.

The reporting period mainly covers the year 2017, but it also analyzes the problems created in the preceding period that continued during the reporting period as well. The report provides evaluation of the proportionality of the use of force and effective investigation of the cases of deprivation of life. In this regard, the report gives the death of Temirlan Machalikashvili during the special operation conducted in the Pankisi Gorge in December 2017 as an example.

The document analyzes problems, including infrastructural, in the penitentiary, temporary detention and psychiatric facilities. It is noted that despite the numerous requests of the Public Defender to launch investigations into the cases of alleged ill-treatment by law enforcers, the Prosecutor’s Office of Georgia has not identified any responsible persons yet. The right to liberty and security are often violated during ordering the pre-trial and extradition detentions, the terms of administrative detention have been increased and the practice of drug testing is still unregulated.

In regard to the right to a fair trial, the Public Defender discusses the institutional problems in the court, degree of independence, frequency of delay in considering cases by the Court of Appeals and frequent changes in the composition of courts.

In regard to the right to privacy, the report emphasizes the inefficiency of the investigations into the cases of exposure of private life, as well as unconstitutionality of and practical deficiencies in the legislation regulating surveillance. Effective implementation of the regulations aimed at protecting the right to equality is, among other factors, prevented by inadequate legislative safeguards and misconceptions spread in the community. Women, persons with disabilities, including children, LGBT+ community and religious minorities remain to be the most vulnerable groups. Women’s rights and gender equality indicator, violence and a high number of femicide are still among challenges.

Proper response to the offenses committed on grounds of religious intolerance is still problematic and the issue of restitution of the religious buildings confiscated during the Soviet period has still not been resolved. Timely and effective investigation of the cases of interference in the rights by the investigative agencies remains a challenge in ensuring the realization of freedom of expression, which represents the foundation of a democratic society; more guarantees of freedom of information require improvement of the existing legislation and its harmonization with international standards. The primary registration of land ownership remains a problem; the issue of recognition and protection of the ownership of the land plots under "traditional possession" is unregulated.

The report also deals with the defective electoral system, as well as the lack of legislative guarantees for the protection of cultural heritage monuments, safety at work and alarmingly high rate of deaths in the workplaces. The document emphasizes the need for improving the applicable legislation for the realization of the right to live in a healthy environment.

The problems of access to medicines and quality of medical care were identified in relation to the right to health. Drug policy and challenges in this regard are particularly stressed. Provision of social allowances to the citizens below the poverty threshold, as well as beneficiaries’ lack of motivation to work, represents a main challenge in terms of social security. Realization of the right to adequate housing is still prevented by the inadequate legislation, limited resources and lack of database. There is no special law on eco-migrants and the budget for the provision of housing for them is scarce. Cases of counter-migration are frequent. Positive steps have been taken to protect the child’s rights, but poverty, violence, education and the high number of children living and working on the street still remain problematic. The process of deinstitutionalization needs to be improved.Problems remain in the field of protection of the rights of national minorities and their civil integration. In particular, their education, including knowledge of the state language by them, employment, as well as proper protection and realization of cultural rights, remain unresolved; participation of national minorities in the decision-making process is low. With regard to the protection of human rights in defense, the report underlines infrastructural problems, health insurance, and the right to take a leave and enjoy weekly day-offs.

Proper realization of the rights to education, health, habilitation-rehabilitation, employment, accessibility, participation in political and social life by persons with disabilities are still important issues. Four years have passed after the ratification of the UN Convention, but the country has no effective enforcement mechanism yet, while the Parliament of Georgia has not yet ratified the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities. The grave socio-economic situation of older persons and lack of targeted programs for them are among the unresolved problems.

2017 was a very hard year for the conflict-affected population, like previous years. They daily face ill-treatment, violation of the rights to life, liberty and security, restrictions on the freedom of movement, freedom of expression and the right to get education in their native language. The Public Defender indicates the need for transition to an approach adjusted to the needs of IDPs and expresses readiness to cooperate with the Government of Georgia. The quality of substantiation of the refusal to grant citizenship and residence permits, as well as the decisions made in relation to asylum seekers and persons with international protection, remains a challenge.

See the electronic version of the report