U.S. Department of State Report for 2021 on Georgia

| News, Georgia, Abkhazia

"There were signs that at times civilian authorities could not retain effective supervision of domestic security forces," according to a new report on human rights practises in Georgia released by the US Department of State and spanning the years 2021.

Treatment of independent institutions and elections

According to the study, credible instances of political violence remained. "Throughout the first and second rounds of the October municipal elections, intimidation, pressure on voters and candidates, and abuse of administrative resources occurred, further blurring the lines between the administration and governing party."

During the acute polarisation, the ruling Georgian Dream party side-lined the Public Defender's Office, according to the study.

It also mentioned Georgian Dream lawmakers dismantling the State Inspector's Service and replacing it with two independent agencies to examine law enforcement officers' abuse of authority and protect personal data.

"The law does not permit the new investigative agency to probe specific crimes committed by prosecutors, such as murder and bodily injury, in contrast to the prior duty to investigate all law enforcement equally."

Abkhazia, Tskhinvali Region/South Ossetia

In both Abkhazia and Tskhinvali Region/South Ossetia, the Russian and de facto regimes perpetrated violations with impunity, according to the study.

According to the document, credible reports of unlawful detentions, restrictions on movement, particularly of ethnic Georgians, restrictions on voting and political participation, and restrictions on Georgians' ability to own property or register businesses were all significant human rights issues in these regions.

The study also said that ethnic Georgians lacked fundamental rights and were subjected to onerous registration processes that jeopardised their continuing status.

The death of Anri Ateiba, purportedly because of Abkhaz police assault, was highlighted in the study as a probable illegal killing in occupied Abkhazia. 

It also took notice of Abkhazia's April detention of Russian tourist Artyom Russkikh on suspicion of narcotics trafficking. "De facto police moved Russkikh repeatedly, beat him, threatened to murder him, including by imitating hanging with a garden hose and drowning in a mountain stream, and flashed a weapon."

Arbitrary arrests

While the constitution forbids arbitrary arrest and imprisonment, the government's adherence to these restrictions was unequal, according to the human rights report.

It cited the case of Georgian Orthodox priest Father Jonas, who was imprisoned arbitrarily by police in the southern Georgian town of Dmanisi, claiming that his incarceration was ordered by Orthodox bishop Iobi of the Ruis-Urbnisi eparchy. The priest alleged that if he did not go to jail for the false allegations, police threatened him with more serious penalties.

Shalva Zambakhidze, the deputy head of Dmanisi police, was accused with fabricating evidence, unlawful storage of guns, abuse of power, and illegal detention after a Mtavari Arkhi TV programme. On November 8, Rustavi City Court found the officer guilty of unlawful detention and misuse of authority but acquitted him on the counts of illegal detention and abuse of power. He was sentenced to five years in jail for illegal storage of guns and fabrication of evidence.

Judiciary

According to the US study, there are still signs of intervention with Georgia's judicial independence and impartiality.

"On matters involving politically sensitive themes or personalities, judges were exposed to political pressure from within and beyond the judiciary."

"The long-standing practise of moving judges from one court to another remained an issue," the report continued. The High Council of Justice made decisions about transfers, and these rulings were unfounded."

Freedom of press

According to the study, while the constitution guarantees freedom of speech, including freedom of the press, the government has failed to sufficiently protect that right.

A considerable number of attacks on journalists by far-right organisations and politically motivated individuals occurred over the year, according to the study. It alleged that no suspects were charged in several incidents, including the case of Mtavari Arkhi TV journalist Emma Gogokhia, who was supposedly threatened with death by the mayor of Mestia.

The police remarks immediately after the death of TV Pirveli cameraman Aleksandre Lashkarava, who died a few days after being beaten during homophobic pogroms on July 5, "looked… at discrediting the journalist rather than identifying the reason of death," according to the report.

Following the July 5-6 violence against journalists, "two senior journalists from Rustavi 2 (a pro-Georgian Dream outlet) quit, alleging a lack of journalistic freedom," according to the report.

Furthermore, the Georgian National Communications Commission, a national regulator, was "dominated by the ruling party," according to the investigation.

A large number of journalists said they were either barred from covering public events or were not given important public information when they asked for it, according to the dossier.

Freedom of assembly

According to the study, the government's support for the freedoms of peaceful assembly and association was unequal.

"Approximately 3,000 far-right demonstrators violently rioted through Tbilisi, destroying an opposition protest site at parliament, attacking NGO offices, and assaulting more than 50 journalists and others following statements from Prime Minister Garibashvili that called the planned Tbilisi Pride event, March for Dignity, inappropriate and described it as a plot by ‘Saakashvili and the radical opposition’ aimed at sparking a riot," it said.

"To justify blaming Tbilisi Pride for the violence, the prime minister said that 95% of the populace opposed the event."

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