THE US STATE DEPARTMENT REPORT On June 25, 2015, the US State Department released the 2014 report on human rights practices in Georgia. The report talks about criminal prosecution for political reasons in Georgia and mentions 15 former officials, including the former President, Prime Minister, Ministers of

Internal Affairs and of Defense, who have been indicted. Some of them are awaiting courts decisions, some have already been sentenced, and others are under international search. The report also mentions instances of politically motivated violence, improper electronic

THE UN RESOLUTION ON THE RIGHT OF RETURN OF INTERNAL-LY DISPLACED PERSONS AND REFU-GEES IN GEORGIA On June 3, 2015, the UN General Assembly, at its 69th session, adopted a resolution on the “right of return of all internally displaced persons and refugees from Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia” which recognized these persons’ right of return and underlined the urgent need for unimpeded humanitarian access to all people in conflict-affected areas, as well as for safe return of all internally displaced persons and refugees to their homes. The resolution puts a special emphasis

on the need to respect the property rights of these persons.

It is important that the resolution calls upon all participants in the Geneva discussions to intensify efforts to improve the situation in terms of security and human rights in the occupied regions, which, in its turn, will also contribute to the internally displaced persons and refugees’ return to their homes. The resolution was supported by 75 states, with 16 against and 78 abstentions.

JUNE, 2015

POSSIBLE UNLAW-FUL DEAL WITH THE JUDGE HEARING THE CASE OF GIGI UGULAVAOn June 24, 2015, the Prosecu-tor’s Office of Georgia responded to the Archevani TV program, aired on Rustavi 2 TV station, with a statement. [page.2] >>

JOURNALISTS ARE THREATENED FOR PUBLISHING A CARTOONJournalists of the renessans.ge web portal are being threatened with death. [page.4] >>

THE PERSONAL DATA PROTECTION INSPECTOR FINES THREE PHARMACY CHAINS The Personal Data Protection In-spector has imposed a fine on three pharmacy chains. [page.6] >>

UNESCO RELEASES A REPORT ON EDUCATION UNESCO has released a monitor-ing report entitled Education for All 2000-2015: Achievements and Challenges which deals with the situation in terms of education in various countries of the world, including Georgia, in the past 15 years [page.7] >>

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MONTHLY NEWSLETTER

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2 JUNE, 2015

TRANSPARENCY INTERNATIONAL GEORGIA: THERE ARE SIGNS OF SE-LECTIVE APPLICATION OF JUSTICE IN PROSECUTIONS AGAINST FOR-MER HIGH-RANKING OFFICIALS On June 8, 2015, NGO Transparency International Georgia released a report on the assessment of the national integrity system which examines the functioning of 12 public institutions of Georgia. According to the study, law enforcement structures remain insufficiently independent from the country’s political leadership, which is demonstrated by selective application of justice in a number of criminal prosecutions against former government officials and instances of police interference in election campaigns. The study says that a number of high-profile trials involving former government officials have raised concerns over the judiciary’s independence and transparency.

The report also assesses the functioning of the Public Defender’s Office. Specifically, in 2011, the level of public trust in the Public Defender amounted to 34%, while it had fallen to 28% by 2013. According to expert interviewees, the most problematic issue with regard to integrity in the Public Defender’s office is the appointment of new employees, which does not happen in a transparent manner. On certain occasions recruitment happened without competition. Such a practice puts the integrity at the Public Defender’s Office at risk. According to the report, in 2013, the Public Defender selected 40 experts to monitor the situation in penitentiary institutions, though several members of the group voiced concern regarding their lack of access to information about the situation in the penitentiary facilities.

POSSIBLE UNLAWFUL DEAL WITH THE JUDGE HEARING THE CASE OF GIGI UGULAVA On June 24, 2015, the Prosecutor’s Office of Georgia responded to the Archevani TV program, aired on Rustavi 2 TV station, with a statement. It was stated in the TV program that, according to the information provided by a source of the TV company, the judge hearing the case of Gigi Ugulava, Lasha Chkhikvadze, was being forced to make a decision desirable for the authorities in return for “covering up” a car accident. During the program, the Secretary of the High Council of Justice, Levan Murusidze, confirmed that one of the six cars involved in a car accident that had taken place on January 22, 2015, belonged to Lasha Chkhikvadze, though he said he was not aware of any pressure applied on the judge. The Prosecutor’s Office of Georgia denied the charges of attempting to exert pressure on the court and stated that the Prosecutor’s Office had revealed no unlawful acts on the part of the persons involved in the car accident due to which the agency had made a decision to stop the investigation on May 8, 2015.

surveillance, and pressure on opposition figures that took place at the time of local elections.

According to the report, societal/interpersonal violence, including domestic violence and politically motivated violence, was the most important problem during 2014.

In the opinion of the State Department, one can observe increased societal intolerance of members of minority groups in Georgia. The report talks about problems of religious minorities, citing the example of the incident that took place in the village of Mokhe. It also mentions the problems of sexual minorities and acts of violence against them.

The report also mentions instances of excessive use of force by police officers, sub-standard prison conditions, allegations of political influence in the administration of justice, unlawful wiretapping, pressure on political opposition, etc.

The report also deals with political human rights in addition to personal rights and freedoms. It discusses instances of unjustifiable restriction of the right to assembly and manifestation on political grounds.

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DEATH OF 56-YEAR-OLD MAN WAS PRE-SUMABLY CAUSED BY DIURETICOn June 18, 2015, Levan Abzianidze, 56, was found dead in a park several hours after he left a police station in Kutaisi where he had been transferred to take a drug test. The decedent’s relatives say that the death was presumably caused by police officers’ giving him a diuretic drug. According to the family members, Levan Abzianidze had a low blood pressure, and his condition was made worse by the diuretic. The investigation is underway under Article 115 of the Criminal Code of Georgia (bringing to the point of suicide). The conclusion of the forensic examination will be made known in a month.

POSSIBLE ABUSES IN PENAL INSTITUTIONS On June 26, 2015, NGO Human Rights Center held a press conference where its representatives talked about human rights abuses in penal institutions. According to the organization, the statistics of such abuses have been on the rise in the recent years. The Human Rights Center also familiarized the journalists with concrete violations of prisoners’ rights in 2015.

On June 8, 2015, the Public Defender of Georgia released a report of the National Preventive Mechanism which reflects the

COMMUNICATION OF INFORMATION TO THE PUBLIC DE-FENDER BECOMES A CAUSE OF CRIMINAL PROSECUTION On June 8, 2015, the Prosecutor’s Office of Georgia brought new charges against prisoner Giorgi Okropiridze. The case concerns information about degrading and inhuman treatment by employees of the Penitentiary Department which Giorgi Okropiridze had communicated to the Public Defender on September 22, 2014. According to the Prosecutor’s Office of Georgia, as the information communicated by Okropiridze was not confirmed, the prisoner himself was charged with defamation (Article 373 of the Criminal Code of Georgia). The court granted the demand of the Prosecutor’s Office and sentenced Giorgi Okropiridze with imprisonment as a measure of restraint.

Non-governmental organizations and the Public Defender of Georgia have responded to this fact. According to the statement of the Georgian Young Lawyers’ Association, it is unacceptable to hold a person responsible for notifying the Public Defender about alleged degrading and inhuman treatment. The organization expresses doubts that the indictment is related to the fact that the term of Giorgi Okropiridze’s imprisonment imposed in connection with another case was due to expire on June 11, 2015. In his statement, the Public Defender notes that such a precedent not only raises legitimate questions about the reasonability and appropriateness of the charges against Giorgi Okropiridze, but also casts doubt on the obligation assumed repeatedly by the State on the road to the country’s democratic development – the obligation to combat torture. The Public Defender refers to Article 21 of the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment according to which “No authority or official shall order, apply, permit or tolerate any sanction against any person or organization for having communicated to the national preventive mechanism any information, whether true or false, and no such person or organization shall be otherwise prejudiced in any way.”

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situation in Penal Institution No. 3. According to the report, prison officers’ aggressive attitude to prisoners, poor documentation of injuries by medical staff, and use of only elements of the so-called static security (separation from other prisoners, surveillance by electronic means) remain problematic, which makes it impossible to ensure security and order without violating human rights; in addition, the use of disciplinary penalties has become more frequent, prisoners with mental problems are still placed in solitary confinement cells, medical service is not fully available, and the institution is not provided with sufficient medicines. The institution does not provide special food for prisoners with diabetes, and the needs of representatives of various nationalities and religious groups are not taken into account when preparing food. According to the report, the sanitary-hygienic situation in the institution remains problematic, and the issues of artificial ventilation, natural lighting, and water supply remain unresolved.

On June 25, 2015, three convicts with physical injuries were transferred from Penal Institution No. 7 to a clinic. According to a statement of the Ministry of Corrections and Probation, the convicts belong to the criminal sub-culture and they inflicted self-injuries after their demand to be transferred to another institution had been denied.

JOURNALISTS ARE THREATENED FOR PUBLISHING A CARTOONJournalists of the renessans.ge web portal are being threatened with death. The threats were caused by a cartoon published by the portal. It displayed a building which was perceived as a mosque and, accordingly, as an insult to Islam by a certain part of Muslims. The threats came from J. Gurbanov, the head of Imam Ali Charity Foundation founded in Marneuli, who sent a letter of threat to the journalists. “If you don’t delete the cartoon and continue this insult, I swear Allah that your blood will be shed. I swear the Allah that you don’t believe in that I will behead you with my own hands. I am sure your blood is more valuable than the ink in your pen,” he writes to the journalists.

On the basis of the journalists’ application, law enforcement bodies have launched an investigation. The Council of the Charter of Journalistic Ethics and the GYLA have already responded to this fact.

The renessans.ge web portal was founded several months ago. Its journalists are ethnic Azerbaijanis. They cover the problems of ethnic Azerbaijanis living in Georgia. In their articles they also criticize religious fanaticism and prejudice.

MIKAIL KADIEV AND RIZVAN OMAROV ARE RELEASED FROM IMPRISONMENT After two-year imprisonment, Mikail Kadiev and Rizvan Omarov have left the penal institution. They were detained on June 13, 2013, in connection with which the Ministry of Internal Affairs released a statement that their attempt to commit a terrorist act had been thwarted at the stage of preparation. In spite of this statement, the detainees were charged with illegal carrying of weapons, while the defendants claimed that employees of the MIA had planted weapons on them. The Tbilisi City Court sentenced M. Kadiev and R. Omarov to deprivation of liberty for a period of two years. It should be noted that the General Prosecutor’s Office of the Russian Federation has demanded M. Kadiev’s extradition from Georgia on two occasions. M. Kadiev requested the relevant agency to grant him a refugee’s status, but the request was denied. This decision of the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees was recognized as lawful by a court of the first instance. After the decision was appealed, the Court of Appeals directed the Ministry to revise its decision that denied M. Kadiev a refugee’s status. At this stage, the case is being reviewed by the court of cessation.

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THE COURT MAKES A DECI-SION TO RELEASE DEFEN-DANTS IN THE SO-CALLED “CABLE CASE”On June 19, 2015, the Tbilisi City Court made a decision to change the measure of restraint for the defendants in the so-called “cable case”. Nugzar Kaishauri, Gizo Glonti, Davit Tsipuria, Giorgi Lobzhanidze, and Archil Alavidze were released with the personal guarantee of five members of the Georgian Parliament. It should be noted that the Prosecutor’s Office had demanded imposing a bail in the amount of GEL 10,000 instead of preliminary detention. THE MIA AND

THE PROSECU-TOR’S OFFICE ARE OBLIGATED TO COMPENSATE DAMAGE TO GIOR-GI KLDIASHVILI The Tbilisi City Court granted the complaint of Giorgi Kldiashvili, Director of the Institute for Development of Freedom of Information (IDFI), and obligated the Ministry of Internal Affairs and the Prosecutor’s Office of Georgia to compensate for the moral and material damage caused by his unlawful detention.

As a reminder, on December 12, 2014, the MIA detained Giorgi Kldiashvili on the charges of unlawful carrying of weapons. The detention was caused by the fact that Kldiashvili took a collection firearm, which was under his ownership and officially registered in his name, to a repairman without the permission on transportation from the Service Agency of the MIA. After a three-hour interrogation, Giorgi Kldishvili was detained and transferred to a temporary detention isolator in the so-called “Module” building where he had to spend two days.

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DISMISSAL OF POLICE OF-FICER WAS PRESUMABLY CAUSED BY AN ALTERCA-TION BETWEEN HIM AND A DEPUTY OF THE KUTAI-SI CITY ASSEMBLY On April 1, 2015, an employee of the security service of the Kutaisi City Hall, squad commander Imeda Kirkitadze, was dismissed from his position, and later he was assigned as a private to the security service of the Kutaisi Public Service Hall. Several months before the aforementioned, Imeda Kirkitadze and Kakha Dvalishvili, a deputy of the Kutaisi City Assembly, had had an altercation. According to eye-witness accounts, the deputy assaulted the security police officer first verbally and then physically while the latter was performing his official duties. The argument started after the police officer instructed the deputy to move his car from a concrete area. The case regarding the altercation between the deputy and the police officer proceeded under Article 173 of the Code of Administrative Offences which penalizes disobedience to a police officer. Imeda Kirkitadze himself links his dismissal to the aforementioned incident, though he refuses to talk about the details. The head of the security service of the Kutaisi City Hall also refuses to comment on the matter.

6 JUNE, 2015

THE HUMAN RIGHTS COMMITTEE SUPPORTS ABOLITION OF IMPRIS-ONMENT FOR USING MARIJUANA On June 30, 2015, at a meeting of the Human Rights Committee of the Parliament of Georgia, the MPs discussed a draft law prepared by MP Giorgi Khachidze as a legislative initiative and supported its part. The draft law concerns alleviation/liberalization of law-imposed penalties for unlawful acquisition, storage and repeated use (without a doctor’s subscription) of narcotic substances – cannabis and marijuana – in small amounts. According to the initiative, the administrative penalty will be decreased from GEL 500 to GEL 100, and the 15-day administrative imprisonment will be abolished. As for the Criminal Code, repeated use of a narcotic substance will remain criminalized, though users will no longer be sentenced to imprisonment.

At a committee hearing held on July 21, the Healthcare Committee of the Parliament did not support the draft law initiated by Giorgi Khachidze.

THE PERSONAL DATA PRO-TECTION INSPECTOR FINES THREE PHARMACY CHAINS The Personal Data Protection Inspector has imposed a fine on three pharmacy chains. The reason for imposing the fine was that the pharmacies carried out both video control and audio recording of communication between customers and pharmacists. The Personal Data Protection Inspector deemed that the pharmacies had a lawful goal – exercising quality control of the service in the pharmacy chains, though she also deemed that processing data in this form and on such a scale was not an adequate and proportional means for achieving this goal. Accordingly, the audio monitoring was a disproportional intervention in the customers’ personal life and contradicted the principle established by Article 4 of the Law of Georgia on the Protection of Personal Data. All the three pharmacy chains were fined GEL 500 and directed to stop audio monitoring and fully destroy the obtained materials until July 1, 2015.

OBTAINING A REFU-GEE STATUS MAY BECOME MORE DIF-FICULT FOR FOR-EIGNERS At a government meeting on June 23, 2015, members of the government discussed a draft law prepared by the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia. According to the draft law, certain changes will be made to the procedure of granting the status of refugee and asylum seeker. According to these changes, a person will be freed from criminal liability only if he/she enters Georgia from a country where he/she is being prosecuted, but if he/she enters Georgia via a third country, he/she will not be freed from criminal liability. According to the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees, the aforementioned changes were made necessary by the process of visa liberalization with the EU.

7 JUNE, 2015

JUNE 1 – INTERNATION-AL CHILDREN’S DAYAt the World Conference for the Well-being of Children which was held in 1925 in Geneva, June 1 was declared to be the International Children’s Day. This day is celebrated in many countries of the world. June 1 is devoted to reviewing the state of children’s rights and planning measures necessary for improving their well-being.

JUNE 14 IS THE DAY FOR THE RIGHTS OF PERSONS WITH DISABILITIES On June 14, Georgia marks the Day for the Rights of Persons with Disabilities. This day is related to the adoption of the Law of Georgia on the Social Protection of Persons with Disabilities on June 14, 1995. It should be noted that on April 12, 2014, the Parliament of Georgia ratified the UN Convention on the Rights of Persons with Disabilities.

JUNE 26 – INTERNATION-AL DAY IN SUPPORT OF VICTIMS OF TORTURE June 26 is the International Day in Support of Victims of Torture – on December 12, 1997, the UN General Assembly proclaimed June 26 as the International Day in Support of Victims of Torture by Resolution 52/145. This day is marked annually in many countries of the world. It aims to remind the public that torture is a crime in a democratic society and its prohibition is an absolute human right.

UNESCO RELEASES A REPORT ON EDUCATION UNESCO has released a monitoring report

entitled Education for All 2000-2015:

Achievements and Challenges which deals with

the situation in terms of education in various

countries of the world, including Georgia, in the

past 15 years. According to the report, despite

efforts to provide greater balance, textbooks

published in Georgia, Iran, Nigeria, and Pakistan,

as well as in Australia, remain biased in terms of

gender discrimination. Another challenge faced

by Georgia, in the opinion of the authors of the

report, is that “key professionals responsible for

providing guidelines for textbook production

and approving textbooks for use lack adequate

knowledge regarding gender sensitivity.”

THE PRESIDENT OF GEORGIA PARDONS 226 CONVICTS On June 12, 2015, the President of

Georgia pardoned 226 convicts. One

hundred eighty of them have already

left the penal institutions, while the

sentences of the remaining 46 were

shortened in various forms.

THIS PROJECT IS FINANCIALLY SUPPORTED BY THE HUMAN RIGHTS FUND OF THE NETHERLANDS’ MINISTRY OF FOREIGN AFFAIRS

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