A PRESENTATION OF A SPECIAL REPORT OF GDI – Politically Biased Justice in GeorgiaOn March 24, 2015, Georgian Democracy Initiative released a report entitled Politically Biased Justice in Georgia. The document discusses the criminal cases against high-ranking officials of the former government of Georgia, as well as against high-ranking officials of the Ministry of Defense, on the basis of the criteria of the definition of “political prisoner” determined by Resolution No. 1900 of the Parliamentary Assembly of the Council of Europe of October 3, 2012. The lawyers of the organization studied the cases against Mikheil Saakashvili, Giorgi Ugulava, Ivane Merabishvili, Bachana Akhalaia, Tengiz Gunava, the high-ranking officials of the Ministry of Defense, and other persons. The examination of the cases revealed a number of violations and transgressions which, taken together, give rise to well-founded doubts about political motivation of the aforementioned cases. According to GDI, such an approach violates the requirements established by the Georgian legislation and the case-law of the European Court of Human Rights.[1]

[1] http://gdi.ge/en/news/politically-biased-justice-in-georgia.page; http://gdi.ge/uploads/other/0/227.pdf

ATTACKS ON REPRESENTATIVES OF POLITICAL OPPOSITION AND PARTY OFFICES IN ZUGDIDI AND BATUMIMarch 2015 saw several attacks on members of the United National Movement.

On March 14, opponents threw eggs at P. Zambakhidze, a member of the

MARCH, 2015

NGOS PRESENT A SHADOW REPORT ON MINORITY RIGHTS IN GEORGIAOn March 22, 2015, Geor-gian Democracy Initiative, together with four other NGOs, presented a shadow report about minority rights in Georgia for the United Na-tions Universal Periodic Re-view (UPR). [page.3] >>

SEVERAL INSTANC-ES OF POSSIBLE ILL-TREATMENT BY POLICE OFFICERSIn March 2015, there were several instances in which police officers allegedly ill-treated citizens. [page.6] >>

THE RESPONSE OF NGOS TO THE STRATEGY DEVEL-OPED BY THE STATE AGENCY FOR RELI-GIOUS ISSUESSeven NGOs assessed the document that the State Agency for Religious Issues published on its website: The Strategy for the Develop-ment of Religious Policy of the State of Georgia. [page.8] >>

www.gdi.ge www.facebook.com/gdi.ge

MONTHLY NEWSLETTER

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On March 15, 2015, the offices of the UNM and N(N)LE Center for Freedom and Support in Zugdidi were assaulted. About fifty persons who were armed with clubs invaded the office of the Center and smashed window panes, during which employees of the Center sustained physical injuries.

Forty-seven persons of the participants of this incident are public officials of various ranks (including Deputy Chairmen of the Zugdidi Town Assembly, members of the Town Assembly, Deputy Governor of Samegrelo-Zemo Svaneti). Despite the fact that Patrol Police officers were mobilized on the ground, they failed to respond adequately to stop the violence. The participants of the incident demanded the cancellation of the protest that the UNM planned for March 21.[2]

On March 18, NGOs released a statement about the aforementioned incident in which they denounced the attack on political opponents and called on the police to investigate the incident in a timely manner. According to the statement, it is particularly disturbing that public officials of various ranks took part in the incident, and, in fact, the incident can be assessed as a politically motivated assault of representatives of public institutions on an opposition political party and its supporters.[3]

On March 12, in Tbilisi, members of Free Generation came into a physical confrontation with members of the United National Movement, Giga

[1] http://www.netgazeti.ge/GE/105/News/42437/ http://www.batumelebi.ge/GE/batumelebi/news/42450/http://www.netgazeti.ge/GE/105/News/42445/[2] http://www.tabula.ge/ge/story/93827-zugdidshi-tavisuflebisa-da-mxardacheris-centrshi-50-mde-adamiani-sheichra http://www.tabula.ge/ge/story/93830-tavdasxma-deputatze-ako-minashvils-zugdidshi-xelketi-chaartkes[3] http://gdi.ge/en/news/a-joint-statement-of-ngos-regarding-the-attack-of-public-officials-on-the-offices-of-the-united-national-movement-and-the-center-for-freedom-and-support.page

THE EU RELEASES A REPORT ON THE IMPLEMENTATION OF THE EUROPEAN NEIGHBORHOOD POLICY BY GEORGIA IN 2014 On March 25, 2015, the EU released a report on the implementation of the European Neighborhood Policy by Georgia in 2014 which also includes recommendations. The EU expresses a wish that Georgia will focus its work on the following issues in the coming year: ensuring adequate separation of powers and checks and balances between the executive, legislative and judicial powers in the framework of constitutional reform; improving the political climate by avoiding political retribution, confrontation and polarization and ensuring space for opposition and cross-party dialogue.[1]

The report talks about the steps forward that Georgia took on the path to European integration in 2014 and the problems that still persist. It names the reform of the Prosecutor’s Office and changing the election system for the parliamentary elections of 2016 as the main challenges. According to the report, amendments made to the Law of Georgia on Common Courts create the basis for judges to be more independent, although a three-year probation period for judges prior to their life-term appointment remains problematic. In general, judicial independence remains fragile.

The report also talks about issues in the area of human rights: in 2014, the National Human Rights Strategy and Action Plan were adopted; an anti-discrimination law was adopted; the lack of accountability for abuses by law enforcement authorities still persisted; in general, the situation in terms of minority rights was not substantially improved.

[1] http://eeas.europa.eu/enp/pdf/2015/georgia-enp-report-2015_en.pdf

<<BEGINNING UNM and a deputy of the Supreme Council of Adjara, in the Center for Democratic Involvement in Batumi. According to the deputy, the incident involved employees of the Bus Company of the Batumi City Hall, G. Tushmanishvili and M. Gogoberidze, while the entire process was directed by the leadership of the city municipality. According to the Ministry of Internal Affairs, the police launched an inquiry into this incident.[1]

TO BE CONTINUED >>

3 MARCH, 2015

NGOS PRESENT A SHADOW REPORT ON MINORITY RIGHTS IN GEORGIA On March 22, 2015, Georgian Democracy Initiative, together with four other NGOs, presented a shadow report about minority rights in Georgia for the United Nations Universal Periodic Review (UPR).[1] The report pays particular attention to such issues as failure of the Government to investigate incidents of religious violence against religious minorities; infringement of autonomy of religious organizations by the newly established State Agency for Religious Issues; religious indoctrination at schools and breach of neutrality in academic teaching; failure of the Government to return the disputed places of worship to the corresponding religious denominations; manifestation of hate speech, xenophobia and homophobia by high-ranking officials and politicians; inappropriate self-regulation mechanisms in the media and manifestation of hate speech on the Georgian Public Broadcaster (GPB); access of information in minority languages and ensuring that minority voices are heard on the GPB; and ensuring the repatriation of deported Meskhetians. The Universal Periodic Review was created on the basis of Resolution No. 60/251 of the UN Human Rights Council in 2006 and includes a periodic review of the state of human rights in all the member states of the UN.[2]

[1] http://gdi.ge/uploads/other/0/231.pdf [2] http://gdi.ge/ge/news/xutma-arasamtavrobo-organizaciam-umciresobis-uflebebtan-dakavshirebit-upr-istvis-angarishi-waradgina.page

Bokeria and Goka Gabashvili, who had come out of the Parliament building. Members of Free Zone and Generation of Justice who were holding a counter protest on the area adjoining the Parliament building also got involved in the scuffle. Police officers who were mobilized on the ground detained several participants of the scuffle. The court imposed a fine of GEL 100 on the leader of Free Generation, Lado Sadgobelashvili. He was charged with the commission of an administrative offence.[4]

On March 15, one of the leaders of the UNM, Nugzar Tsiklauri, publicized an audio recording of a conversation between the leader of NGO Free Generation and the head of the Investigation Department of the Patrol Police. In the audio recording, Lado Sadgobelashvili says that his actions have been agreed with law enforcement bodies and he is going to continue attacks on politically active persons in the future.[5]

[4] http://bit.ly/1zaUcsb http://bit.ly/1bRrP8m [5] http://bit.ly/1PUaHNG

PRETRIAL DETENTION OF GIORGI UGULAVA IS PROLONGEDWith the ruling of March 14, 2015, the Tbilisi City Court sentenced Giorgi Ugulava to pretrial detention on the basis of the motion of the Prosecutor’s Office. When imposing the measure of restraint, the Court relied on the criminal case against G. Ugulava in which he has been charged since July 28, 2014. It should be noted that the maximum nine-month term of the measure of restraint imposed on G. Ugulava was due to expire at the beginning of April 2015. NGOs and the US Embassy responded to this fact. The NGOs believe that the fact that the motion was put forward by the Prosecutor’s Office and granted by the Court is a precedent of abusing the justice system, and this decision further reinforced the perception in a part of the public that leaving its political opponent Giorgi Ugulava under imprisonment is an end in itself for the government. According to the US Embassy, the additional charges against the former Mayor of Tbilisi, G. Ugulava, appear to be an effort to subvert the nine-month limit on pretrial detention.[1]

[1] http://pog.gov.ge/geo/news?info_id=655http://georgian.georgia.usembassy.gov/news-events/emb_newsgeo2015t/statement_ruleoflaw.html http://gdi.ge/en/news/a-statement-of-ngos-regarding-the-imposition-of-pretrial-detention-on-gigi-ugulava.page

<<BEGINNING

4 MARCH, 2015

A SCREENING OF A FILM ON VIOLENCE FOR MINORS

On March 15, 2015, NGO All Generations for Georgia organized events in Samegrelo which included an exhibition of photos of corpses of persons who had died in the past years (including Z. Zhvania, A. Girgvliani, etc.) followed by talks of representatives of the NGO about the so-called cruelty of the nine-year regime. The events concluded with a screening of video materials of violence, including the notorious prison footage, under the title of “The bloody chronicles of Saakashvili”. The said events were also attended by pupils aged 12 to 17 from the schools of Zugdidi, Khobi, Poti, and the nearby villages. It should be noted that the local self-government bodies and administrations of schools were

also involved in the mobilization of the school pupils.[1]

[1] http://bit.ly/1OEYdMD

According to Paragraph 1, Article 13 of the Law of Georgia on General Education, “It shall be inadmissible to politicize the process of learning in an institution

of general education.” Besides, the State is obliged to ensure the independence of public schools from political associations.[2] Proceeding from this, the school must be an apolitical organization. And the aforementioned incident substantially violates the important principle of

apolitical character of school.

As for the screening of the footage of violence, Article 19 of the Convention on the Rights of the Child obliges the States Parties to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence.[3] According to Subparagraph A, Paragraph 1, Article 3 of the Law of Georgia on the Protection of Minors

from Harmful Influence, influence exerted by a screening of films that may do harm to a minor’s mental and/or physical health, his/her moral and social development, shall be considered harmful influence on minors.[4] Accordingly, the incident that took place in Samegrelo

grossly violated the rights of minors.

[2] Subparagraph C, Paragraph 2, Article 3 of the Law of Georgia on General Education [3] http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx [4] https://matsne.gov.ge/ka/document/view/15652

ALLEGED PRESSURE ON THE EXPERT WORKING ON THE SO-CALLED “CABLE CASE”On March 25, 2015, the leader of Free Democrats, the former Minister of Defense, Irakli Alasania, accused the Prosecutor’s Office of kidnapping Avtandil Guntaishvili, the expert working on the case of the detained high-ranking officials of the Ministry of Defense, and putting pressure on him. According to I. Alasania, on March 24, 2015, employees of the Prosecutor’s Office kidnapped A. Guntaishvili and immediately took him to the Prosecutor’s Office after which they pressured him into refusing to sign his own report on expert examination.[1] Expert A. Guntaishvili himself does not confirm that he went to the Prosecutor’s Office. According to him, he refused

[1] http://bit.ly/1EpzPGZ

to sign the report, because he had started work in the public service and, according to law, he does not have the right to perform contractual work.[2] The Chief Prosecutor’s Office of Georgia denied the information about the pressure on the expert.[3]

As a reminder, the following high-ranking officials of the Ministry of Defense are indicted in the so-called “cable case”: Nugzar Kaishauri, Gizo Glonti, Giorgi Lobzhanidze,

Archil Alavidze, and Davit Tsipuria.

[2] http://bit.ly/1Fy79gW [3] http://pog.gov.ge/eng/news?info_id=663

TO BE CONTINUED >>

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ALLEGED PRESSURE ON PATROL POLICE OFFICERS On March 17, 2015, the United National Movement disseminated video and audio recordings which show verbal and physical assault on Patrol Police officers by citizens: Patrol Police officers, N. Alikhanashvili and A. Davituliani, stopped a car from which came out several intoxicated persons who assaulted the aforementioned police officers verbally and physically. It became necessary to involve other crews of the Patrol Police to stop the incident, as a result of which one of the alleged assailants was detained. One of the Patrol Police officers was transferred to hospital for an expert’s examination. In several hours, the detained alleged assailant was released, while an investigation and disciplinary proceedings were launched against the Patrol Police officers.[1]

The audio recording also shows that the Patrol Police officers were forced to leave their jobs due to the aforementioned incident. The Chief Prosecutor’s Office of Georgia explains that the process of investigation revealed an instance of exceeding of official authority and purposeful, unlawful detention by the Patrol Police officers. According to the statement released by the Prosecutor’s Office, the defendants were released on the basis of a resolution of the Prosecutor’s Office, because they had been detained with the status of defendants without corresponding legal grounds, which grossly violated their rights.[2]

[1] http://www.tabula.ge/ge/story/93948-prokuratura-enm-is-chanatserze-policielebma-uflebamosilebas-gadaametes http://rustavi2.com/ka/video/1252?v=1 [2] http://pog.gov.ge/eng/news?info_id=656

A PRESENTATION OF THE DEPARTMENT OF INVESTIGATION OF OFFENCES COMMITTED IN LEGAL PROCEEDINGS UNDER THE CHIEF PROSECUTOR’S OFFICEOn March 4, 2015, the Chief Prosecutor’s Office of Georgia organized a presentation of the Department of Investigation of Offences Committed in Legal Proceedings.[1] It was stated clearly at the presentation that the activities of the Department are limited to responding to offences committed before October 1, 2012, [2] which makes an impression that the Department was created with the sole aim of investigating offences committed under the former government and launching cases against representatives of the former government themselves.

[1] http://pog.gov.ge/eng/news?info_id=646 [2] http://pog.gov.ge/res/docs/NEW/.pdf

ALLEGED PRESSURE ON AN EMPLOYEE OF THE GAMGEBELI’S OFFICE OF THE SAMGORI DISTRICTOn March 24, 2015, Lasha Tsanava, an employee of the Gamgebeli’s Office of the Samgori District, released a statement about pressure he was subjected to by the State Security Agency and appealed NGOs and the Public Defender for help. Lasha Tsanava states that Mirian Mchedlishvili, (the Head of the SSA), his brother Malkhaz Mchedlishvili (the Deputy Chairman of the Tbilisi City Assembly), and Gia Solomonia (the Vice-Mayor of Tbilisi), acting on the instructions of the Chairman of the City Assembly, Joto Samadashvili, were forcing him to leave his job. The pressure started after Lasha Tsanava stated that Joto Samadashvili, a

godchild of Bidzina Ivanishvili, did not have a diploma.[1] On March 27, an audio recording was disseminated via the Internet in which the Majoritarian MP of the Varketili District, Ia Makasarashvili, calls Lasha Tsanava and intimates that he is going to face big problems

due to his public statement.[2]

[1] http://pirveliradio.ge/?newsid=44353 [2] http://editori.ge/?p=17577

On March 27, 2015, L. Samushia, a lawyer of the defendants in this case, stated that the Prosecutor’s Office had not handed the evidence to the defense, while prosecutor Levan Bachiashvili demanded that the lawyers sign the list of evidence that the defense had not received.[4]

[4] http://bit.ly/1GwIo0P

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6 MARCH, 2015

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SEVERAL INSTANCES OF POSSIBLE ILL-TREATMENT BY POLICE OFFICERSIn March 2015, there were several instances in which police officers allegedly ill-treated citizens.

A former prisoner, G. Darakhvelidze, accuses police officers of beating him. According to him, on March 7, he was stopped by the Patrol Police due to drunk driving. He was assaulted verbally and physically, which continued even after he was taken to a police station. Due to the sustained physical harm, G. Darakhvelidze was transferred to hospital; he had a concussion and bore bruises on his body. An investigation was launched under the article that envisages resistance to the police. The court imposed a bail on G. Darakhvelidze as a measure of restraint.[1]

On March 9, at about 22:00, in the village of Variani, Gori Municipality, police officers arrived at the house of Genadi and Khatuna Zubashvili and tried to take Genadi Zubashvili to the police station forcibly and without any explanation. G. Zubashvili managed to hide in the yard, while the police officers took his wife, Kh. Zubashvili, and his daughter to the police station where they interrogated them for three hours. The questions dealt with the circumstances of the death of their child in 2011.

It is evident that it was not necessary to transfer G. Zubashvili to the police station

[1] http://rustavi2.com/ka/news/11259 http://www.tabula.ge/ge/story/93521-kofili-patimari-giorgi-daraxvelidze-policilebs-mis-cemashi-adanashaulebs http://bit.ly/1EOUOq2

AN INSTANCE OF ILL-TREATMENT OF A CONVICT IN THE GLDANI PENAL INSTITUTION NO. 8According to convict O.G., on February 18, 2015, inspectors and security officers of the legal regime of Penal Institution No. 8 of the Penitentiary Department took him down to the quarantine unit of the administration building where they made him undress and searched him; then they took him into a de-escalation room where they assaulted him verbally and physically. According to the convict, employees of Penal Institution No. 8 of the Penitentiary Department inflicted an injury the anterior surface of his shoulder girdle with a lit cigarette on while ridiculing him at the same time. When representatives of the Public Defender of Georgia visited the convict in the said penal institution, O.G. bore traces of oval injuries on the

anterior surfaces of both shoulder girdles.[1]

[1] http://ombudsman.ge/en/recommendations-Proposal/winadadebebi/competition-for-journalists-conflicts-and-their-effect-on-human-rights1.page

LAWYER D. KAKOISHVILI IS ASSAULTED NEAR THE ENTRANCE OF HIS RESIDENTIAL HOUSEOn March 16, 2015, at 21:30, lawyer D. Kakoishvili was assaulted near the entrance of his residential house – the assailants assaulted him physically and tore off his clothes. Lawyers, including the Chairman of the Georgian Bar Association, Zaza Khatiashvili, link this incident with D. Kakoishvili’s professional activities. As Z. Khatiashvili explains, the attack on D. Kakoishvili was presumably carried out with the aim of intimidating him and may have been politically motivated, because, a week before the incident, D. Kakoishvili had filed a complaint in court against Free Generation due to the attack on Saakashvili Presidential Library. According to lawyer O. Kakhaze, it was the filing of the complaint that preceded the attack on D. Kakoishvili. [1]

[1] http://rustavi2.com/ka/news/12037

TO BE CONTINUED >>

7 MARCH, 2015

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immediately. The police officers could have given him a notice, asking him to go to the police station on the next day. In addition, the police officers did not explain specifically why they were taking G. and Kh. Zubashvili to the police station.

The Press Center of the Ministry of internal Affairs does not confirm that the police officers exceeded their authority.[2]

A defendant in the Kutaisi Penal Institution No. 2, B.R., in a conversation with a representative of the Public Defender, stated that at 12:00 on November 20, 2014, while he was visiting a friend in one of the villages of the Bagdati Municipality, officers of the Bagdati District Division of the MIA detained him, forcibly put him into a car, and took him to a forest where they subjected him to physical pressure for about six hours to make him confess to several thefts. Later, he was transferred to be interrogated at the Bagdati District Division during which the investigators assaulted him verbally. According to the documents kept in the temporary detention isolator of Bagdati, at the moment of admission to the isolator, B.R. bore the following injuries: excoriations on the right ear and on the right side of the abdomen, as well as a small wound on the internal side of the upper lip. According to B.R., he received the aforementioned injuries in the forest, as a result of beating by the officers of the Bagdati District Division of the MIA. The injuries on the body of the detainee are also recorded in the certificate on medical examination and the medical documents of the Kutaisi Penal Institution No. 2.[3]

It should also be noted that on March 12, 2015, the Georgian Young Lawyers Association released a statement about possible commission of crimes by police officers during the past several months. The statement describes 16 instances that took place from August 2014 up to November 2014. According to the NGO, despite their appeal, the Prosecutor’s Office did not respond appropriately in terms of timely and effective investigation of the aforementioned instances.[4]

[2] http://bit.ly/1JDRQWo http://bit.ly/1zh68J4 http://www.humanrights.ge/index.php?a=main&pid=18183&lang=eng [3] http://www.netgazeti.ge/GE/105/News/42407/ http://ick.ge/rubrics/humanrights/21141-i.html [4] https://gyla.ge/eng/news?info=2436

A NEW WAVE OF FEMICIDE – IN-STANCES OF DO-MESTIC VIOLENCEAs of March 2015, the problem of femicide still persisted. According to news reports, on March 16, 2015, in Svaneti District in Tbilisi, a husband killed his wife due to a demotic conflict. The hus-band was detained by police officers. The person charged with the murder acknowledges the guilt. Residents of Svaneti District cannot tell the mo-

tive for the murder.[1]

A murder also took place in Kakheti – on March 19, 2015, a 27-year-old woman was killed in the Signagi District. According to the relatives of the deceased, she was threatened by her former hus-band, due to which she appealed to the police on a number of occasions, though the police did not respond appropriately. People link this fact with the deputy chief of the Signagi police who is the brother of the former husband of the victim. The former husband who was accused of the murder was found dead a kilometer away from the scene

of the incident.[2]

[1] http://rustavi2.com/ka/news/11857 [2] http://ick.ge/articles/21206-i.html

THE PRESIDENT OF GEORGIA PARDONS CONVICTSOn March 3, 2015, the President of Georgia pardoned eight female convicts who had been serving their sentences in Penal Institution No. 5. Four of them were released and left the penal institution, while the

sentences of another four were halved.[1]

On March 19, the President of Georgia pardoned a life prisoner and limited his cumulative sentence to 25 years, of which the prisoner has already served more than 15 years.[2]

[1] https://www.president.gov.ge/ge/PressOffice/News?9322 [2] https://www.president.gov.ge/ge/PressOffice/News?p=9353&i=2

<<BEGINNING

8 MARCH, 2015

THE RESPONSE OF NGOS TO THE STRATEGY DEVELOPED BY THE STATE AGENCY FOR RELIGIOUS ISSUESSeven NGOs assessed the document that the State Agency for Religious Issues published on its website: The Strategy for the Development of Religious Policy of the State of Georgia.[1] The assessment emphasizes the problem of differentiation and hierarchization of religious minorities into major and non-major, traditional and non-traditional groups. The NGOs also find problematic the part of the text which talks about the method of compensation of the material and moral damage that religious associations incurred under the Soviet regime. According to the assessment, what is actually taking place is the practice of direct funding of religious associations selected as a result of an unclear and vague process instead of compensation of damage incurred during the Soviet period, which may be motivated by the interest to control the religious associations and increase the State’s influence on them, on the one hand, and aim at legitimizing the process of direct transfer of indeterminable and unsubstantiated amounts of budget funds to the Patriarchate of Georgia which has been taking place for years, on the other hand. The Strategy also talks about the introduction of the “subject of religion” in public schools, which is also problematic considering the Georgian context, the dominant role of the Orthodox Church, and the poor qualification of teachers. The NGOs believe that the initiative of teaching religion in public schools contains a danger at this stage.[2]

[1] http://religion.geo.gov.ge/geo/document/saqartvelos-saxelmtsifos-religiuri-politikis [2] http://bit.ly/1IkPfz8

A XENOPHOBIC STATEMENT OF THE MINISTER OF JUSTICE OF GEORGIAOn March 6, 2015, ten NGOs responded to TV comments of the Minister of Justice of Georgia, Thea Ksulukiani, which contained a xenophobic and discriminatory attitude and racist connotations about citizens of concrete countries (China, Iraq, Iran, Egypt), because the Minister equated people with the identities mentioned in the comments with those who wish ill for Georgia and should not be allowed to enter the country. The NGOs called on members of the government and other high-ranking political officials to respect people with differing identities and base their public comments on the principles of

human rights and equality.[1]

On March 9, 2015, the Embassy of the Islamic Republic of Iran to Georgia also responded to the statement of the Minister of Justice and called it unprofessional and ill-considered.[2]

[1] http://gdi.ge/en/news/statement-of-member-organizations-of-the-civil-platform-no-to-phobia.page [2] http://www.tabula.ge/ge/story/93567-iranis-saelcho-tsulukianis-gancxadeba-arakvalificiuri-da-gauazrebelia

AN INSTANCE OF POSSIBLE RELIGIOUS DISCRIMINATION IN THE TBILISI INTERNATIONAL AIRPORTAn instance of possible religious discrimination took place in the Tbilisi International Airport. According to a correspondent of the Network of Information Centers, Sulkhan Bordzikashvili, when he was departing for the US on a professional exchange program, he encountered problems while passing passport control in the Tbilisi International Airport. Of six participants of the program, S. Bordzikashvili was the only one who was stopped and asked irrelevant questions about his religion. Then a patrol-inspector asked him why he was not going to an Islamic country, as he was a Muslim. The fact that S. Bordzikashvili was the only one who encountered a barrier and the patrol-inspector asked him questions about his religion which were not related to the reason of his departure gives rise to doubts about possible religious discrimination on

the part of the representative of the State.[1]

[1] http://ick.ge/articles/21256-i.html

9 MARCH, 2015

A STATEMENT OF THE CHAIRMAN OF THE GEORGIAN BAR ASSOCIATION ABOUT THE ACTIVATION OF THE THIEVES’ UNDERWORLDOn March 26, 2015, the Chairman of the Georgian Bar Association, Zaza Khatiashvili, released a statement which says that parties of criminals resort to the authorities of the thieves’ underworld to settle disputes. The specific case he mentions pertains to lawyer M. Tomashvili. In a confrontation caused by damaging Tomashvili’s car, a criminal sent a representative of the thieves’ underworld, B. Charkviani, to talk to him, after which, despite the evidence proving this fact, the Prosecutor’s Office launched a case against lawyer M. Tomashvili. The Chairman of the GBA states that this fact points to a tendency of changing of the practice of courts and activation of the thieves’ underworld in the country. He calls upon the Chief Prosecutor’s Office to conduct an effective investigation.[1]

[1] http://pirveliradio.ge/?newsid=44551

SMS AND VIDEO CALL SERVICE OF “112” FOR THE HEARING IMPAIREDFrom March 27, 2015, the service of SMSs and video calls of the emergency response center “112” of the Ministry of Internal Affairs of Georgia was put into operation. The service works 24 hours a day on the entire territory of Georgia, and it can be used by hearing impaired persons. In order to use the service, one has to register in advance on the website of 112 – www.112.ge. In emergencies, hearing impaired persons can contact “112” independently via text messages and video calls.[1]

[1] http://bit.ly/1DN7Q1a

NOVELTIES IN THE LEGISLATION THE PARLIAMENT OF GEORGIA RATIFIES THE PROTOCOLS OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS On March 4, 2015, the Parliament of Georgia ratified Protocols No. 15 and No. 16 of the Convention for the Protection of Human Rights and Fundamental Freedoms.[1]

According to Protocol No. 15 of the Convention, the maximum age of judges nominated by states to the European Court of Human Rights was decreased from 70 to 65 years. In addition, as a result of enacted changes,

[1] https://matsne.gov.ge/ka/document/view/2759084 https://matsne.gov.ge/ka/document/view/2759067

the term for filing applications in the ECHR was decreased from six to four months after the day of delivery of a

judgment by national courts.[2]

In accordance with Protocol No. 16 of the Convention, courts of the highest instance may request the Court of Human Rights in Strasbourg to give an advisory opinion.[3]

[2] http://www.echr.coe.int/Documents/Protocol_15_ENG.pdf [3] http://www.echr.coe.int/Documents/Protocol_16_ENG.pdf

A REFORM GETS UNDER WAY IN CONNECTION WITH PERSONS WITH MENTAL DISORDERSA package of draft laws which envisages changes to 67 laws was submitted to the Parliament of Georgia. The changes abolish the institution of legal incapacity and, instead, introduce the concept of a person with psychosocial needs, aka a “person receiving support”. A “person receiving support” is a legally capable person, although the court may assign a supporting person to him/her on the basis of examination of his/her individual psychosocial needs. The supporting person will help him/her in exercising his/her rights and protection of his/her interests. The draft law explains the meaning of support

and the obligations of the supporting person.1

The changes are based on the judgment of the Constitutional Court of October 8, 2014, by which the Court found unconstitutional the existing regulations on restriction of legal capacity of persons with disabilities due to mental illnesses and declared null and void a number of norms and normative contents of norms of the Civil Code of Georgia, the Code of Civil Procedure of Georgia, and the Law of Georgia on Psychiatric Assistance from April 1, 2015.2

The changes are also based on the requirements of the UN Convention on the Rights of Persons with Disabilities. The Convention was ratified by Georgia on December 26, 2013, and it came into force in Georgia on April 12, 2014.3

1 http://bit.ly/1EoC9Qy2 http://constcourt.ge/index.php?lang_id=GEO&sec_id=22&id=866&action=show 3 https://matsne.gov.ge/ka/document/view/2334289

THE GOVERNMENT OF GEORGIA DISCUSSES THE DRAFT CODE OF JUVENILE JUSTICE On March 12, 2015, the Government of Georgia approved the draft Code of Juvenile Justice. The main novelty in the document is the creation of a specialized institution for the administration of justice for persons below the age of 18. The draft Code brings together the norms regulating juvenile responsibility, administrative and criminal procedure, corrections, and other issues in a single legislative act and establishes a new standard and mechanisms for the protection of the rights of juveniles. Another important change envisaged by the draft Code is giving priority to restorative justice and mediation in comparison with criminal prosecution. It will be possible to use imprisonment as a form of punishment for juvenile convicts only in the case of extreme necessity for grave and particularly grave crimes, and its maximum duration will be limited to 10-15 years. It will be prohibited to impose a longer penalty and lifetime imprisonment on a juvenile. The maximum term for being a defendant for imprisoned juveniles will be decreased from nine to six months. Children will be interrogated with a new procedure. As for the conditions of serving a sentence, according to the draft Code, a juvenile defendant may not be placed together with an adult not only in the same cell, but also in the same institution.1

1 http://www.justice.gov.ge/News/Detail?newsId=4774

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

2 D. Gamrekeli Str. , 3rd floor, Tbilisi 0194, Georgia | Tel/Fax: (+995 32) 272 80 08 | info@gdi.ge | www.gdi.ge

1 MARCH, 2015