Georgia’s constitution provides for an executive branch that reports to the prime minister, a unicameral parliament, and a separate judiciary. The government is accountable to parliament. The president is the head of state and commander in chief. Under the constitution that came into force after December 2018, future presidents are not elected by popular vote, but by members of parliament. The Organization for Security and Cooperation in Europe deployed a limited number of observers for the October 31 parliamentary elections due to COVID-19; in a preliminary assessment, the observers stated the first round of the elections was competitive and, overall, fundamental freedoms were respected, but “pervasive allegations of pressure on voters and blurring of the line between the ruling party and the state reduced public confidence in some aspects of the process.”
The Ministry of Internal Affairs and the State Security Service of Georgia have primary responsibility for law enforcement and the maintenance of public order. The ministry is the primary law enforcement organization and includes the national police force, the border security force, and the Georgian Coast Guard. The State Security Service of Georgia is the internal intelligence service responsible for counterintelligence, counterterrorism, and anticorruption efforts. There were indications that at times civilian authorities did not maintain effective control of domestic security forces. Members of the security forces allegedly committed some abuses.
Significant human rights issues included: serious problems with the independence of the judiciary along with detentions, investigations and prosecutions widely considered to be politically motivated; unlawful interference with privacy; limited respect for freedom of peaceful assembly and association; and crimes involving violence or threats targeting lesbian, gay, bisexual, transgender, and intersex persons.
The government took steps to investigate some officials for human rights abuses, but impunity remained a problem, including a lack of accountability for the inappropriate police force used against journalists and protesters during June 2019 demonstrations and the 2017 abduction and rendition from Georgia of Azerbaijani journalist and activist Afgan Mukhtarli.
Russian-occupied regions of Abkhazia and South Ossetia remained outside central-government control and de facto authorities were supported by Russian forces. The 2008 ceasefire remained in effect, but Russian guards restricted the movement of local populations. Significant human rights issues in the regions included: unlawful killing, including in South Ossetia; unlawful detentions; restrictions on movement, especially of ethnic Georgians; restrictions on voting or otherwise participating in the political process; and restrictions on the ability of ethnic Georgians to own property or register businesses. While there was little official information on the human rights and humanitarian situation in South Ossetia, de facto authorities refused to permit most ethnic Georgians driven out by the 2008 conflict to return to their homes in South Ossetia. De facto authorities did not allow most international organizations regular access to South Ossetia to provide humanitarian assistance. Russian “borderization” of the administrative boundary lines increased, further restricting movement and separating residents from their communities and livelihoods. Russian and de facto authorities in both regions committed abuses with impunity.
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.