The Public Defender of Georgia presented a report on the situation of human rights and freedoms in Georgia in 2023 at the session of the Human Rights and Civil Integration Committee of the Parliament of Georgia.

The Public Defender briefly reviewed the main findings of the report, paying special attention to the trends in the direction of human rights protection, which require appropriate response from the authorities.

During the thematic review of the report, the Public Defender called the killing of Tamaz Ginturi by the occupation regime an echo of the impunity of the representatives of the occupation regime, who were directly involved in the murders of Davit Bashariuli, Giga Otkhozoria, Archil Tatunashvili and Irakli Kvaratskhelia, for which the Russian Federation is responsible. He also mentioned the alleged violation of Georgian citizen Temur Karbaia’s right to life by the occupying forces.

Along with the violation of the right to life, the practice of illegal detention and ill-treatment of citizens continues in the occupied territories; The ethnically Georgian population is not allowed to receive education in their native language; The illegal process of the so-called borderization, violation of property and other rights remain daily challenges for the population living near the occupation line.

The horrifying intentional murder of 14-year-old Aitaj Shakhmirova was the result of the gaps in the prevention of gender-based violence, and protection of and assistance to victims. In total, 24 killings and 27 attempted killings of women were reported in 2023.

In March 2024, the Ministry of Internal Affairs granted the request of the Public Defender's Office relating to exceptional access to the materials of the investigation ongoing into the Shovi tragedy, although we are still waiting for actual access to the case materials.

One of the main problems in the country is child poverty. Compared to the previous year, the number of children registered in the Unified Data Base of Socially Vulnerable Families increased by 5.2%. Older people are also a particularly vulnerable group of the population.

The Public Defender spoke about the problems of homeless people, legislative gaps, absence of a unified policy and inappropriate environment in social housing.

To date, no national accessibility plan or standards for access to information and communication have been approved for persons with disabilities. The quality and continuity of inclusive education is problematic, as well as the essential participation of persons with disabilities and their organizations in the decision-making process at different levels. Detection of violence and effective response to it remain problematic.

Challenges related to freedom of peaceful assembly, legislative initiatives aimed at restricting the form and content of assembly, disproportionate and, in some cases, illegitimate measures implemented to disperse assemblies were relevant in 2023.

In 2024, the majority of persons detained administratively had physical injuries, which proves that this year law enforcement officers used physical force against detainees more intensively than last year.

Another challenge in the country is the lack of a safe environment for media freedom and journalistic activities, as well as outdated legislation regulating access to information.

The introduction of draft laws on transparency of foreign influence, which do not meet the standards of protection of freedom of association and expression, as well as the right to privacy, was worrying. Unfortunately, in 2024, the Parliament of Georgia adopted a law, some parts of which are problematic, which may become an insult to the dignity of the addressees of the law.

Overcrowding of penitentiary institutions and cases of informal governance, non-targeted and punitive placement of prisoners in the de-escalation rooms and solitary confinement cells for a long time; detection and documentation of cases of ill-treatment, provision adequate medical services to prisoners and physical environment of penitentiary institutions have been challenges for years.

It is necessary to improve the normative base related to the mechanism of early release of prisoners on parole or commutation of the unserved part of the sentence; as well as the effective functioning of the sentence review mechanism for convicts sentenced to life imprisonment.

Patients in psychiatric institutions are still victims of violence. The legal framework and existing policies fail to ensure that patients are treated in a dignified and coercion-free environment. The instructions and rules for the use of patient restraint methods have not been updated.

The State has not taken effective steps to improve the equality policy or the situation of vulnerable groups, and has not improved the policy documents or legal regulation.

Elimination of harmful practices of child marriage and engagement and proper protection of girls remain problematic. Effective implementation of reproductive health and rights and access to services are also among the challenges.

There has been no progress in terms of returning religious buildings confiscated during the Soviet period to their historical owners, as well as assessing the amount of damage and confiscated property.

The judicial system of Georgia still needs to eliminate legislative and institutional deficiencies, which is a prerequisite for integration of Georgia into the European Union.

Establishing a minimum hourly wage limit for those employed in the medical field is welcome. However, enjoyment of labour rights is still problematic for those employed on the digital platform. It is also an unresolved issue to oblige private employers to ensure a paid leave for pregnancy, childbirth and child care.

When reviewing the activities of the Public Defender’s Office, it should be noted that in 2023, the Office received and responded to 4,849 reports of human rights violations. 17567 calls were received via hotline. In order to eliminate the identified rights violations, the Office addressed state agencies with 79 recommendations/proposals. 10 special reports and 3 alternative reports were submitted to international bodies. 3 constitutional lawsuits and 23 opinions of the friend of the court were prepared and 3 communications were sent to the Committee of Ministers of the Council of Europe. In order to identify and monitor rights violations and challenges, dozens of visits were made to various institutions.