Ombudsman of Georgia releases annual human rights report
By Natalia Kochiashvili
Wednesday, April 8
Recommendations that have not been shared, tasks that have not been completed to improve human rights protection, and rights that were violated last year are the main topics of the Public Defender's 2019 report that was released last week.
The document reveals that the Georgian parliament shared 250 recommendations of the Public Defender and left 60 unattended. State agencies have fully completed only 20% of the tasks given as a result of the shared recommendations, and partially 18%. The quality of the performance of parliamentary tasks by them, as in previous years, is unsatisfactory.
The main part of the recommendations was to protect the rights of foreigners and stateless persons, to improve the legal status of the LGBT + community and to provide sexual, reproductive education.
Problems remain in mental institutions: the ombudmsman believes that systemic recommendations, which are of particular importance for the prevention of torture and ill-treatment, were not be implemented in 2019 either. Last year, only 7 of the 19 recommendations were considered to improve the condition of these facilities, and only a few were implemented.
The ombudsman noted that the staff of the Batumi Medical Center treats patients rudely, which is confirmed by the director. The monitoring team found that some clinics also employ patients in exchange for cigarettes or food. The same report states that there have been cases where a patient has been prescribed several antipsychotic medications at the same time, resulting in overdose in some cases.
Patients in psychiatric institutions are left without physical health treatment. Clinics do not record the exact cause of death, and most often report it as ‘sudden death’ and ‘heart failure.’
"Circumstances clearly show the shortcomings of the existing institution, which is not compatible with the minimum standards of protection of the right to life.”
The Public Defender of Georgia believes that the investigation into Temirlan Machalikashvili’s case, who died as a result of a special operation in Pankisi, should be resumed. There is also talk about the shortcomings of the investigation - the lack of investigation of the records. The report says that in order to determine whether the use of lethal weapons by special operations personnel was absolutely necessary, the plan of the special operation itself and control over the course of the operation must be assessed.
The report also concerned the events of June 20-21 as well, stating that during an interrogation, former Interior Minister Giorgi Gakharia and his then-deputies refused to issue an order to disperse the rally with rubber bullets. According to them, they agreed to use tear gas and water cannons.
The Ombudsman points out in the parliamentary report that the investigation is focused only on revealing the criminal actions of individual law enforcers and assessing their individual role and is not aimed at establishing the scope of responsibility of the leaders.
Therefore, the public defender requests the initiation of criminal proceedings against the former Director of the Special Tasks Department of the MIA, as he was obliged to prevent the actions of his subordinates. The materials obtained in this case confirm that he had received a direct order several times not to use rubber bullets.
The report also states that those who fired bullets at the protesters said that they used non-lethal weapons according to the situation. According to them, from the very beginning they had received general permission to be ready for all situations. They note that their commanders were also present during the use of the non-lethal shells, although they were not ordered to stop.
According to MP from European georgia, Sergi Kapanadze, the ombudsman's report raised many new questions, especially in the part of records - why the people who used rubber bullets despite the order were not punished.
“It is clear that either the investigation hid the records of the specific units where the order was issued, or it seems that the assault on the population, including the use of rubber bullets and gas, took place without an order,” Kapanadze said.
Another topic that the Public Defender's Office looked into is the situation in prisons. Report quoted prisoners as saying that in closed-door institutions, employees rarely but violently punish convicts. Prisoners, however, at the same time speak of unethical, in some cases, abusive and unequal treatment.
De-escalation rooms and solitary confinement in prisons can be used as an informal punishment mechanism. In this case, inmates are restricted from personal hygiene and dishwashing detergents, as well as access to their own clothing; Prisoners often do not have the opportunity to take a shower or walk, they have limited access to shops, telephone calls, personal correspondence and appointments.Which is assessed as inhuman and degrading treatment.
The Public Defender believes that the staff of the penitentiary and security department in penitentiary institutions is not enough. Consequently, the safety of both prisoners and staff is at stake.
Information on informal governance in prisons was also included in the report - under the influence of criminal subculture, prisoners are informally divided. It also emphasized that psychiatrist is registered in the medical staff only in the institution #8. The diagnosis is limited to a one-time replenishment of the questionnaire. In addition, family physicians do not have the appropriate tools to objectively assess the mental health status of inmates. The report shows that psychiatric crisis management skills and verbal methods of desecration are not possessed by employees of penitentiary institutions and medical staff.
While examining last year's cases, the Public Defender revealed that part of the people in the penitentiary institution had the right to appeal to the court. Of the 56 cases examined by the apparatus, the court did not consider 16 cases of parole only due to non-payment of duty. Moreover, as a result of monitoring by 4 penitentiary institutions, it was found that inmates had problems applying for and exercising their right to appeal. The Ombudsman's representatives also witnessed the violation of confidentiality.
It’s also said, that the MIA, like in previous years, did not comply with the recommendations issued in 2019 to prevent torture and ill-treatment, the ombudsman was informed about 13 such cases.
The ombudsman notes that the right of women victims of sexual abuse to health services to abortion remains unresolved. If the fetus has been conceived for more than 12 weeks, only the court can grant the right to abortion and only if the woman has been raped, whilst the decision can be so longed, that it may exceed that period.
According to the Public Defender, she is considering the actions of a particular group against LGBT + people in terms of freedom of expression, citing several similar cases.
The ombudsman believes that the ban on LGBT + symbols in support of Guram Kashia at the Dinamo Arena on September 9, 2018 has become the starting point for the chain's restrictions on freedom of expression in 2019.
