Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
While the constitution and law prohibit such practices, there were reports government officials employed them. In her July 9 report to the United Nations in advance of Georgia’s Universal Periodic Review, the public defender described effective investigation into alleged mistreatment as “a systemic problem.” She reported that of 107 requests for investigation her office sent to the Prosecutor’s Office between 2013 and 2019, the responsible person was not identified in any of the cases.
As of December the Public Defender’s Office asked the State Inspector’s Service to investigate 40 alleged cases of human rights violations in government institutions, 19 of which concerned violations allegedly committed by Internal Affairs Ministry personnel, 18 involved alleged crimes committed by penitentiary department staff, and one allegedly involved Justice Ministry staff. In two of the 40 requests, the responsible agency was not clear. The State Inspector’s Service opened investigations into 256 cases. Eleven investigations were in response to the Public Defenders Office’s request. The State Inspector’s Service directed five investigations to other investigative agencies and did not identify elements of a crime in four cases. An investigation of one case continued at year’s end.
As of October the Georgian Young Lawyers’ Association (GYLA) reported it consulted on six allegations and submitted one complaint of cruel, inhuman, or degrading treatment in prisons or by law enforcement agencies to the Prosecutor General’s Office for investigation, compared with 25 for 2019.
Trials against three police officers stemming from the June 2019 protests were underway at year’s end. The officers were charged with exceeding authority by using violence or weapons, which is punishable by up to eight years’ imprisonment and deprivation of the right to hold public office for up to three years (see section 2.b., Freedom of Assembly).
The trial of Detective Investigator Konstantine Kochishvili for allegedly physically assaulting a minor by spitting in his face and beating him in February 2019 continued as of December. During the course of the beating, Kochishvili reportedly broke the minor’s arm. In May 2019 authorities arrested Kochishvili and charged him with degrading and inhuman treatment. On February 26, the Rustavi City Court released the defendant on bail of 5,000 lari ($1,500).
As of year’s end, several former officials remained on trial at Tbilisi City Court in various cases of torture and other crimes allegedly committed under the former government. The officials included the former deputy chief of the general staff, Giorgi Kalandadze; the former deputy culture minister, Giorgi Udesiani; and the former director of Gldani No. 8 prison, Aleksandre Mukhadze (see section 1.d.).
On September 7, police officer Mariana Choloiani was convicted in the Tbilisi City Court of obtaining testimony under duress during a December 2019 interrogation and was sentenced to three years’ imprisonment. Choloiani used threats and intimidation to extract self-incriminating testimony from 15-year-old Luka Siradze regarding vandalism of a school. After his interrogation, Siradze committed suicide.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government’s observance of these prohibitions was uneven, and reports of arbitrary arrests continued.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Acts of Violence, Criminalization, and Other Abuses based on Sexual Orientation and Gender Identity
The law makes acting on the basis of prejudice because of a person’s sexual orientation or gender identity an aggravating factor for all crimes. According to NGOs, however, the government rarely enforced the law. The Human Rights Department of the Ministry of Internal Affairs trained officers on hate crimes.
The Public Defender’s Office reported LGBTI individuals continued to experience systemic violence, oppression, abuse, intolerance, and discrimination. LGBTI rights organizations reported several instances of violence against LGBTI individuals during the year. Authorities opened investigations into several of the cases. The office reported that violence against LGBTI individuals, whether in the family or in public spaces, was a serious problem and that the government was unable to respond to this challenge.
LGBTI organizations, NGOs, and the Public Defender’s Office reported the government’s ineffective antidiscrimination policy reduced the LGBTI community’s trust in state institutions, and they pointed to homophobic statements by politicians and public officials as furthering hatred and intolerance against the LGBTI community.
Starting in May and continuing through the summer, there were numerous vandalism attacks and anti-LGBTI demonstrations at the Tbilisi Pride office. On May 26, a flag was stolen from the office of Tbilisi Pride. As of year’s end, an investigation was underway. On June 7, black paint and eggs were thrown at the Tbilisi Pride’s office and at the flag displayed on the office’s balcony. The Tbilisi City Court found four persons in violation of the administrative law; three were verbally warned, and one received a fine of 500 lari ($150). On July 21-22, painted eggs were thrown at the flag displayed on the office’s balcony and into the building’s entrance. The investigation continued at year’s end. On August 3, painted eggs were again thrown at the pride flag on the office’s balcony. The case was pending at year’s end. During an October meeting with the Public Defender’s Office, LGBTI organizations expressed frustration that only the attackers were investigated and none of the organizers behind the attacks had been investigated or charged. LGBTI organizations claimed that persons who were charged were only pawns organized and paid by Levan Vasadze and other prominent anti-LGBTI figures.
As of December the Public Defender’s Office had received six complaints of discrimination on the basis of sexual orientation and gender identity. One of the complaints was from a transgender woman in prison who claimed she was unable to receive the medication required for her hormonal treatment. In another case, the claimant alleged being threatened due to the claimant’s sexual orientation but police did not respond appropriately. In the third case, the claimant alleged being physically attacked and injured on the head by a man not known to the victim. An NGO lawyer told the Ministry of Internal Affairs that, due to the low trust among LGBTI individuals in local law enforcement organizations, the victim appealed to the Public Defender’s Office to monitor the investigation process.
In June 2019 the Ministry of Internal Affairs charged one person for making death threats on the basis of sexual orientation after he threatened an individual who made public statements against homophobia on May 17, the International Day against Homophobia, Biphobia, and Transphobia. As of year’s end, the case remained on trial at Batumi City Court.
HIV and AIDS Social Stigma
Stigma and discrimination against persons with HIV/AIDS were major barriers to HIV/AIDS prevention and service utilization. NGOs reported that social stigma caused individuals to avoid testing and treatment for HIV/AIDS. Some health-care providers, particularly dentists, refused to provide services to HIV-positive persons. Individuals often concealed their HIV/AIDS status from employers due to fear of losing their jobs.
As of December the Public Defender’s Office had received one claim involving discrimination against HIV/AIDS-positive persons. The claimant alleged that a representative of the Patriarchy of the Georgian Orthodox Church encouraged discrimination by providing incorrect information on the spread of HIV/AIDS on television.