HUMAN RIGHTS COMMITTEE TAKES UP SECOND REPORT OF GEORGIA; EXPERTS PRAISE REFORMS, QUESTION REPORTS OF TORTURE

Human Rights Committee
Seventy-fourth Session
18 March 2002
1986th Meeting (PM)



Georgia -- a country undergoing a significant political, social and economic transition -- was praised this afternoon, for progress in the area of constitutional reform, including the abolition of capital punishment, as expert members of the Human Rights Committee began consideration of the country’s second periodic report on compliance with the International Covenant on Civil and Political Rights.

At the same time, members of the Committee were troubled by persistent reports of torture, brutality and other degrading punishment, including ill treatment of children, by police authorities. The experts were likewise troubled by the overall situation of detainees, including length of imprisonment, access to legal counsel and overall prison conditions, particularly the large number of tuberculosis deaths and high suicide rate.

Presenting her country’s report, Rusudan Beridze, Deputy Secretary, Human Rights Issues, National Security Council, emphasized that Georgia considered human rights issues as matters significantly affecting the country’s national security. In that regard, Georgia had created within the Office of National Security the post of Deputy Secretary, Human Rights.

She also noted that provisions of Georgia's Constitution corresponded with the Covenant, quoting the Constitution's article 7 which “recognized and protected universally recognized human rights and fundamental freedoms as eternal and supreme human values”. While exercising power, the people and the State were bound by law to those rights and freedoms.

Concerning the current situation in Abkhazia and South Ossetia and its impact on the exercise of rights guaranteed in the Covenant, she said that situation had not changed significantly since the report’s initial submission. The same was true for the exercise of the full scope of human rights and freedoms, both for local populations and internally displaced persons in those regions. Recently, an illegitimate presidential election had been held in South Ossetia, but the Georgian population in the region had ignored the results.

On the right to life, liberty and security of person, freedom from torture, and the treatment of detainees (articles 6, 7, 9 and 10 of the Covenant), she answered a series of questions on steps taken to carry out a presidential decree on overall measures to strengthen human rights. She went on to say that, as a State party to the European Convention on the Prevention of Torture, Georgia had recognized the authority of the Committee on the Prevention of Torture to inspect local prison facilities. A delegation of that committee had visited Georgia and had filed a report with the Government.

She added that 58 policemen had been charged with violations of human rights in 2002. Of those, 19 had been convicted. She added that some 199 police officers had been fired and 65, including senior officials, had been relieved of their duties. Three thousand police officers were brought to justice on related disciplinary charges. She said President Eduard Shevardnadze had recently declared Georgia a “torture-free” zone.

While praising Georgia's progress, an expert said the issue of Georgia’s detention and treatment of prisoners or detainees had been discussed at length by several international human rights bodies over the years. Several experts asked for clarification on the State’s definition of “torture”. Further queries were also made about efforts to prevent torture and remedies for torture victims, the status of the Covenant vis-à-vis Georgia’s Constitution, apparent judicial irregularities, the prevalence of domestic violence and its handling in the criminal code, and reports of police violence against prostitutes. Many questions were asked about categories of pre-trial detention.

The Committee will meet again at 10 a.m., Tuesday, 19 March, when it will hear the responses of the Georgian delegation to the questions raised by the experts.


Background

The Human Rights Committee this afternoon began its consideration of the second periodic report of Georgia (CCPR/C/GEO/2002/2) on that country’s compliance with the International Covenant on Civil and Political Rights. Under article 40 of the Covenant, all States parties agree to submit periodic reports on the implementation of the agreement.

Georgia’s initial report was submitted in 1997. Today, the Committee will examine the country’s activities from that period through the first half of 2000. During the reporting period, Georgia took a number of important steps towards establishing a State governed by the rule of law and a democratic society. Virtually all of the country’s legislation has been revised.

In light of and pursuant to the Committee’s 1997 recommendations, the President of Georgia issued a decree on measures to strengthen the overall protection of human rights, chiefly the establishment of an inter-agency commission to work on urgent organizational matters in the area of human rights protection. The relevant ministries and departments were entrusted with, among other things, implementing measures to monitor and guarantee the rights of persons in pre-trial detention, developing a programme to improve the situation of children in vulnerable situations, and focusing on human rights education in schools and providing relevant training to law-enforcement personnel.

The measures set out in the presidential decree, which also called for the formulation of a national family planning and reproductive health programme, have been implemented, to a large extent. The President has also asked the Supreme Court to ensure that Georgian courts make active use of international human rights norms. Important legislative instruments, such as the codes of civil, criminal and administrative procedure, were also adopted during the period covered by the report.

The report also highlights activities within the legislation. During the regular Parliamentary elections in 1999, a Committee was established on the Protection of the Human Rights, Citizen’s Petitions and the Building of Civil Society. A newly established Committee on Civil Integration deals specifically with minority issues and efforts to involve minorities more fully in the political and social life of the country. Both committees were now fully operational. According to the report, the Constitution contains an article promoting the development of culture and creating conditions in which citizens participate freely in cultural activities and further their cultural identities.

Within the executive branch, an Office of the Deputy Secretary of the National Security Council for the Protection of Human Rights has been operational since 1997. In addition to its coordinating functions, the Office has some degree of monitoring authority. The Office makes a definite contribution to the practical implementation of constitutional guarantees for human rights and freedoms in Georgia.

Regarding article 1 of the Convention (right to self-determination), the report states that the most painful and difficult problem Georgia faces in nation-building continues to be the failure to restore the country’s territorial integrity, giving rise to a whole series of negative consequences that influence political, economic and social aspects of life. While Georgia’s Constitution confirms the inviolability of State borders, de facto violations of Georgia's’ territorial integrity continue.

Since the country’s initial report had been submitted it had not been possible to find a political solution to the conflict around Abkhazia and Tskhinvali. In their separatist aspirations, the leaders of the self-proclaimed “republics” of Abkhazia and South Ossetia invoke the right to self-determination, yet it is obvious that such claims are totally unfounded. Since the presentation of Georgia’s first report, talks between the Georgian and Ossetian sides aimed at settling the conflict had taken place “more or less” regularly.

The report also notes that, among the international organizations involved in the conflict-resolution initiatives, the United Nations Development Programme (UNDP) has played a significant role in terms of economic rehabilitation of the country. The Organization for Security and Cooperation in Europe (OSCE) had also played an active role. The fact that commercial and economic ties between the Tskhinvali and the rest of Georgia had been maintained was also of significance. Subsequent to the groundwork laid primarily by people-to-people diplomacy, the President has appointed a Minister for Special Assignments with broad powers to handle conflict-resolution issues.

On article 3 (gender equality), the report states that since 1997 a joint project had been undertaken by the Government and UNDP aimed at addressing various gender issues, including overcoming stereotyped approaches to gender problems, and ensuring more active involvement of women in the social, economic and political life of the country. Still, those and other initiatives had not led to any change in the situation of women, who generally still suffered from the effects of internal conflict, high levels of unemployment and poverty.

Regarding articles 6, 7, 9 and 14, on the right to life, liberty and security of person and to a fair trial with due safeguards, the report states that on 11 October 1977, the Death Penalty (Abolition) Act entered into force, under which capital punishment was changed to life imprisonment. In March 1999 Georgia became a party to the Covenant’s Second Protocol, which entered into force in June of that year. In January 2000, Georgia signed a Framework Convention for the Protection of National Minorities, with the hope of ratification in the coming year. Other activities included the entry into force in January 2000 of the Detained Persons Act, under which control of the penitentiary system was transferred to the Ministry of Justice.

On the right to privacy (article 17), the report notes that Georgian Constitution fully guarantee’s the privacy of every person, his or her workplace, personal records, correspondence, conversations by telephone or by other technical means. Georgia’ s General Administrative Code stipulates that everyone is entitled to know whether or not his or her personal data are included in a public database. Further to the report, article 19 –- freedom of expression, opinion and information -– the Georgian Constitution guarantees freedom of intellectual creativity and prohibits the persecution of persons in connection with their exercise of freedom of belief.

Further on article 18, the report states that censorship is prohibited in Georgia. Freedom of opinion and information may, however, be restricted by law in the case of national security, suppression of crime or for protecting the rights and dignity of other persons. Since the media represent the primary means both for the expression of opinion and dissemination of information, the rules that govern the press, the Press and Media Act, have been extensively amended and supplemented since 1999. Georgia has established an open and varied media community that includes independent and State-run news organs, all with the right to express, disseminate and defend opinion through any medium.

On article 20 (discrimination), the report states that the Georgian Criminal Code, which entered into force in June 2000, contains no articles explicitly banning the advocacy of national, racial and religious hatred that constitutes incitement to discrimination. The new criminal law categorizes as criminal offences actions which infringe the equal rights of people on racial grounds, including through the misuse of public position. According to the report, there is a clear need to include in the criminal code a special article prohibiting and punishing racial discrimination. Race-based propaganda and incitement to racial strife should also be criminalized.


Presentation of Report

RUSUDAN BERIDZE, Deputy Secretary, Human Rights Issues, National Security Council of Georgia, said the Service on Human Rights Issues of Georgia had prepared the report. The Service was a permanent body to elaborate State reports on the human rights treaties to which Georgia was a party. It was worth emphasizing that Georgia considered issues related to human rights and freedoms as a matter significantly affecting the country’s national security, and in that regard, had created within the Office of National Security the post of Deputy Secretary on Human Rights. She added that the report included detailed statistical data on the scope of Georgia’s efforts in relation to specific articles of the Covenant. She turned immediately to questions submitted earlier by the Committee.


Responses to Questions

On the question of how provisions of the Covenant corresponded with Georgia’s Constitution and whether those provisions were actively practiced, Ms. BERIDZE said, in her opinion, the provisions were fully in line with the Covenant’s requirements. Further, article 7 of the Georgian Constitution said the State “recognized and protected universally recognized human rights and fundamental freedoms as eternal and supreme human values”. While exercising power, the people and the State were bound by law to those rights and freedoms.

At the same time, she said, it should be noted that after the report had been submitted, the Constitution had been amended. In particular, a new legal act –- the Constitutional Agreement –- would now be secondary in importance only to the Constitution. The Constitution stressed that the Constitutional Agreement should be fully in line with conventional principles and norms of international law.

To a question about the implementation of the Committee’s views under the Optional Protocol, she said the communications were about Victor Domukhovsky, Zara Tsiklauri, Peter Gelbakhaini and Iraki Dokvadze, supporters of the former President of Georgia, Zviad Gamsakhurdia. Those persons had been sentenced to long-term imprisonment, having been found guilty of serious crimes. To date, the President of Georgia had pardoned Mr. Domukhovsky and he had been released. Ms. Tsiklauri had served five years before being released. The Supreme Court had reviewed the remaining two cases, and commuted the sentences. On 10 August 2001, both Mr. Gelbakhaini and Mr. Dokvadze were sentenced to 12 years, 6 months imprisonment. As they had begun serving those sentences in 1992, their terms of imprisonment will now expire in January 2005.

She next turned to questions on whether the current situation in Abkhazia and South Ossetia had affected the exercise of rights guaranteed in the Covenant. Unfortunately, the current situation in Abkhazia and South Ossetia had not changed significantly since the report’s initial submission. The same was true for the exercise of the full scope of human rights and freedoms, both for local populations and internally displaced persons in those regions. Recently, an illegitimate presidential election had been held in South Ossetia, but the Georgian population in the region had ignored the results.

Despite efforts Georgia had made, in cooperation with other countries and international agencies to reach a political settlement to the conflicts, no real change for the better had taken place. The leadership in the self-declared republics had not been interested in reasonable compromise to resolve the conflicts. On 31 January, the United Nations Security Council had adopted resolution 1393 (2002) concerning the situation in Abkhazia. That document contained an important provision, which reaffirmed the inviolability of Georgia’s territorial integrity. The resolution also stressed that the political status of Abkhazia could only be determined within the existing Georgian State. It further reiterated that internally displaced persons and refugees from Abkhazia had the right to return to their homes in safety and dignity.

On the right to life, liberty and security of person, freedom from torture, and the treatment of detainees (articles 6, 7, 9 and 10 of the Covenant), she answered a series of questions on steps taken to carry out a presidential decree on overall measures to strengthen human rights. She said the Law of Imprisonment, which entered into force in 2000, listed many persons, including the President, Chairman of the Parliament and the Public Defender, who were allowed to enter penitentiaries without warning. Those officials had been monitoring places of detention on a regular basis.

She went on to say that, as a State party to the European Convention on the Prevention of Torture, Georgia had recognized the authority of the Committee on the Prevention of Torture to inspect local prison facilities. A delegation of that Committee had visited Georgia and had filed a report with the Government. As to the condition of detentions, she said State law set the number of persons that could be detained in a facility at any one time. It also established the number of on-site medical professionals. Some steps had been taken to ensure practical implementation of the law’s provisions, including constructing a modern penitentiary, in which all the necessary conditions for convicts to serve their sentence will be created, which will be operational shortly.

On the number of deaths in prison or pre-trial detention, she said in 2001, 31 persons died while in custody, 12 of whom had been in pre-trial detention. That was considerably less than the 52 that died the year before. The main causes of those deaths were, among others, tuberculosis, heart disease, accidents and liver cancer. In every case, investigations had been conducted and no signs of criminal activity had been found.

On communications received on torture and other cruel and inhuman treatment, she said investigative bodies of the Ministry of Internal Affairs, State Security and Procuracy were obliged to strongly adhere to the provision of the Code of Criminal Procedure. Often, she continued, respective State bodies had been informed by media organs of allegations of torture or punishment prohibited within the framework of the Covenant. In every case, investigations had been carried out and several criminal cases had been instituted, but, overall, the actions under review did not qualify as torture.

She said 58 policemen had been charged with violations of human rights in 2002. Of those, 19 had been convicted. She added that some 199 police officers had been fired and 65, including senior officials, were relieved of their posts. Three thousand police officers were brought on related disciplinary charges. She gave several examples in which the General Prosecutor’s Office had initiated criminal proceedings against police officers for various crimes, including theft of livestock, severe beatings, serious physical abuse, and, in several cases pertaining to detainees, death. She said President Shevardnadze had recently declared Georgia a “torture-free” zone, and the recently appointed Minister of Internal Affairs had declared that his office would pay particular attention to the prevention of torture.

Further on those issues, she noted that the Public Defender investigated complaints against members of the police and prison guards. A recent report noted that 46 complaints in connection with police misconduct, brutality and abuse of authority had been lodged during the first six months of 2001. Two complaints had been lodged alleging violations of a convict’s rights. She said detained persons had the legal right to have access to a lawyer, a doctor and to inform relatives, as well.

On the judiciary, she said Georgia’s programme of judicial reform was considered one of the most successful in the region. The Supreme Court supervised the administration of justice in the courts and implemented its competence during judicial appointments or impeachment proceedings. She added that, during the period under review, no judge had been charged with corruption.

On measures to enhance the status of women, non-discrimination and the rights of minorities (articles 2, 3, 26 and 27), she said recently the Gender Development Association, a non-governmental organization, had elaborated a series of proposals aimed at enhancing the role of women’s participation in Parliament. While no action in that regard had been taken, women were very active in public life, particularly through their involvement with non-governmental organizations which dealt with human rights and gender issues. The Georgian legislation envisaged legal remedies against discrimination, but it was important to realize that laws must be implemented.

She went on to say that addressing violence against women was considered a priority for the Government. To that end, a presidential decree in 1999 facilitated the implementation of the recommendations of the Committee monitoring implementation of the Women's anti-discrimination Convention. The President also charged the Ministry of Internal Affairs in collaboration with the prosecutor’s office, to collect and process data regarding violence against women, particularly reported incidents of domestic violence, and carry out preventive measures for exposing and eliminating such violence. The National Action Plan on Combating Violence called for, among other things, further study on the root causes of violence, creating programmes for potential perpetrators, and assistance to victims of violence.

She went on to answer question on several issues including the repatriation of Meshketians. She said the Ministry of Justice had elaborated a draft law on the matter and consultations were ongoing with the Council of Europe on creating a legal basis for repatriation, including the acquisition of Georgian citizenship for Meshketians. On religious intolerance, she said a series of criminal proceedings had been instituted following reports of mob violence related to religious extremism. That case had been investigated and a decision to indict had been directed to the court.


Questions from Experts

Many experts pointed out positive strides that had been made in Georgia’s transition to democracy, including the parity of representation of women in the judiciary and the abolition of capital punishment.

An expert noted, however, a troubling persistence of reports of torture, including ill treatment of children, by police authorities. If the definition of torture in Georgia’s criminal code made it difficult to determine action against it, what measures were being taken in that regard? He also asked about regulations concerning deprivation of freedom, the handling of pardons, debtors’ imprisonment and details of the repatriation of the Meskhetians.

A second expert asked details about the role of the Ombudsman, or the People’s Advocate, in the State and the results of its activity, as well as that of the Rapid Reaction Group mentioned. He noted that non-governmental organizations contested the Government’s figures on releases from imprisonment. He asked about the implementation of laws protecting women’s rights, since various organizations continued to bring up problems in that area.

Asking for more details about the operation of the Ombudsman, another expert raised the issue of voting rights of displaced persons, the shortening of time of pretrial detention for different age groups of men and women, pardons for the purpose of national reconciliation, inaccurate-seeming statistics in the report, debtors’ imprisonment issues, and the mention of open deliberation of judges. He also wanted to know why the City Lawyers’ Project seemed to have been halted. He asked for details of the criminal investigation process, an explanation of why a large percentage of judges had failed their exams, and information on specific counter-measures against the trafficking in women.

The manner of certain deaths in custody mentioned in the report were troubling to another expert, along with the lack of judicial investigations, especially for those due to bodily injury or brain inflammation. A lawyer’s group, he said, had noted a lack of contact with lawyers for 12 hours after arrest, as well as the arrest of lawyers. Regarding torture, he asked about complaints of police brutality and meaningful steps for prosecution and disciplinary action against those abuses.

Further queries were made about efforts to prevent torture and remedies for torture victims, the status of the Covenant vis-à-vis Georgia’s Constitution, apparent judicial irregularities, the prevalence of domestic violence and its handling in the criminal code, reports of police violence against prostitutes and tuberculosis in prisons. The mention of detention without any suspicion was particularly troubling to one expert and many questions were asked about other categories of pre-trial detention.

An expert wondered about Georgia’s assertion that there were no cases of violations of the provisions of the Covenant that had come before the Court. That might be astonishing, considering the number of allegations pertaining to violations of the rights of detainees, alone. Was it because the people of the country were unaware of their rights under the Convention? He also wondered about the assertion that a citizen of Georgia could not be a citizen of another State.

Another expert said he was aware of the situation the country now found itself in trying to fill in judicial and legislative “gaps” during this period of transition. Still, he echoed the concern of other Committee members on issues such as administrative detention, allocation of judicial responsibilities and methods of recourse for detainees.

Echoing similar concerns, another expert said the issue of Georgia’s detention and treatment of prisoners or detainees had been discussed at length by several international human rights bodies over the years. He also wondered about the quality of legal representation when lawyers were assigned by the courts. There had been reports that low wages, or lack of payment altogether, affected the type of defence a detainee received. He also asked for clarification on the State’s definition of “torture”. Of allegations of police brutality, he wondered what the term “brought to criminal responsibility” meant. Had there been a trial? Had their been a sentence handed down?

An expert asked for clarification on the scope of the amendment of Georgia’s Constitution and its relation to the tenets of the Covenant. He had been unable to reconcile the new constitutional requirements with the Covenant.

Another expert said he, like other Committee members, was troubled by the questions of torture and deaths in custody, as well as the high number of suicides in Georgia prisons that had been reported by non-governmental organizations. He also wondered about the status of the Covenant in Georgia’s constitutional system. He was troubled by reports of religious intolerance and attacks on non-governmental organization offices and representatives. He also wondered if there was a bail system in place in Georgia, or was everyone arrested held for an indeterminate time?

An expert wondered about the power to order long-term custody. He echoed the concern of other experts that the vast majority of persons arrested in Georgia were remanded to significant periods of pre-trial detention. That appeared to be in contravention of article 9 of the Covenant. He also asked for clarification on the marriage age in Georgia. Another expert asked various question about the terms of office of the Ombudsman in Georgia. He also wondered when and how a judge could be removed from office.

Responses to oral questions were then deferred, by consensus, until the next session.


Continuation of Responses to Written Questions

Ms. BERIDZE, concluding her responses to written question that had been posed by the Committee, said that in January, the President of Georgia issued an ordinance calling for the drafting of laws supporting freedom of religion. In that area, a series of criminal proceedings had followed recent incidences of religious violence and the results were pending.

In answer to a question on non-military (alternative) service, she said the President approved the statute for the State Commission on such service in May 2001. That mechanism would begin its operations in spring 2002.

On the question of possible restrictions on freedom of information, in particular for the purpose of “suppression of crime”, Ms. Beridze said that the phrase was a misinterpretation of “prevention of crime,” for which such restrictions were permissible under article 19 of the Covenant. She invited discussion on other conditions for restriction of information contained in the Constitution, such as maintenance of territorial integrity. On a related question, no amendments had been made to legal provisions restricting access to non-classified information, she said.

Responding to questions about social programmes for minors, she said money would be provided for such purposes in 2002, though none was currently available. The Government had taken steps to follow the recommendations of the Committee on the Rights of the Child but, again, lacked finances for support of those steps.

In regard to the new Electoral Code, it was difficult to determine its effect, she said, since no elections had been held since its adoption. Internally displaced persons were entitled to participate in election of any kind.

Regarding the availability of information relating to the Covenant, she said the Committee’s report was available to anyone interested. The concluding observations would be considered by the National Security Council and published in official newspapers. Members of the judiciary had to be aware of the Covenant to pass their exams. Law enforcement officials were also trained in human rights issues and awareness-raising campaigns had been carried out by various Government services.





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