HUMAN RIGHTS COMMITTEE COMPLETES CONSIDERATION OF GEORGIA'S INITIAL REPORT

27 March 1997

Press Release
HR/CT/483

HUMAN RIGHTS COMMITTEE COMPLETES CONSIDERATION OF GEORGIA'S INITIAL REPORT

19970327 Experts Call for Unequivocal Attitude Towards Rights Violations; Georgia Says Results of Committee Hearing To Be Widely Disseminated

It was essential that Georgia, as well as all countries in transition, increase the credibility of the State by taking an unequivocal attitude to all human rights violations, that country's delegation was told this morning, as the Human Rights Committee concluded its consideration of Georgia's initial report on its compliance with the International Covenant on Civil and Political Rights.

The expert from Germany stressed that an independent unit must be established to investigate all human rights violations, and those found guilty of such violations must be removed from office. Such problems as torture and inhuman treatment must be addressed, along with unacceptable prison conditions, which was a legacy of all former communist countries.

The proposed office of human rights Ombudsman in Georgia must be occupied by a person of high moral character and someone not intimidated by political and other pressures, the expert from the United States stressed. The appointment of the Ombudsman, and the provision of sufficient resources to that office, would send an important positive signal.

Many experts stressed the importance of the training and education of judges and law enforcement officials on international human rights standards and Covenant protections. "I know that judges and lawyers cannot be plucked off the trees, so you still have the same men, with the result that there must be a fundamental approach to their re-education", the expert from Mauritius said.

It was stressed that Georgia must ensure independence of the judiciary, disseminate information on international human rights standards, limit the grounds for preventive detention, and ensure the right of convicted persons to

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appeal to a higher judicial body. Noting the widespread use of abortion as a means of birth control, the expert from Chile said it was important to ensure that other means of contraception were also available.

While the experts generally welcomed Georgia's commitment to strengthening its human rights guarantees, they stressed the need to actually enact and implement the many laws that were now being proposed and drafted. It was not enough to acknowledge the continuing existence of human rights problems. Action must be taken to correct them, they said.

Comments were also made by the experts from Australia, Finland, India, Israel, Egypt, Japan, Italy, Ecuador and France.

Addressing concerns raised by the Committee, the Chief Legal Adviser to the President of Georgia, Levan Alexidze, said that upon his return to Georgia, he would report immediately to the President, as well as to the public by means of television. In addition, the Committee's recommendations would be published and made available. He stressed his Government's commitment to the Covenant and its provisions.

The Human Rights Committee will meet again at 10 a.m., Monday, 31 March, to begin its consideration of the fourth periodic report of Colombia on its compliance with the Covenant.

Committee Work Programme

The Human Rights Committee met this morning to conclude its examination of the initial report of Georgia on its compliance with the International Covenant on Civil and Political Rights. The expert members of the Committee were expected to resume their questioning of Georgia's delegation on the country's report. (For background on the report see Press Release HR/CT/481 issued 26 March.)

Comments and Questions by Experts

CECILIA MEDINA QUIROGA, expert from Chile, said that she had been surprised by the brief response given by the Georgian delegation to questions on gender equality. Georgia should make every effort to change family planning methods. Were there other family planning methods, besides abortion? she asked. How were complaints about violations of women's rights investigated by the authorities? What were the genuine possibilities in practice for lawyers to obtain evidence? What procedures were followed and the reasons given for suspension of publications? She questioned the 10-year residency required for participation in electoral politics.

ELIZABETH EVATT, expert from Australia, stressed the need for the authorities in Georgia to separate the role of the prosecutor and those of the judiciary in investigative matters. She said there was need for an independent body to investigate rights violations. She sought clarification on prison inspections and visits. She also requested information about a Turkish minority population who were deported from Georgia years ago. What was being done to enable them to return?

Further, she requested information about the conduct of searches. What was the criteria for a search and who authorized them? What remedies were there for invasions of privacy? She also commented on the Georgia Government's "insidious" means of controlling the media and the delegation's observations on media control, in general. What were the remedies for violations of freedom of expression? Noting that the report painted a grim picture of the conditions of children, she asked what programmes were in place to improve the situation.

MARTIN SCHEININ, expert from Finland, said the human rights provisions in the Georgia Constitution were insufficient. Priority should be given to incorporating the Covenant provisions into domestic law and to make the public aware of them.

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PRAFULLACHANDRA BHAGWATI, expert from India, called for training courses for judges and lawyers on international human rights norms. He asked if Georgian law provided for conscientious objectors? On the issue of press freedom, he said only State secrets that endangered national security should be used to prohibit press publications. Turning to issues about family planning, he asked about the number of abortions in Georgia. What provisions existed in Georgian law with regard to dismissal of judges? Who determined the reasons for their removal? Was it left for the Government to decide? Did citizens have the right to petition for violations of their rights?

RAJSOOMER LALLAH, expert from Mauritius, drew attention to the obligations that devolved upon Georgia by virtue of succession on its attainment of independence, particularly with respect to the Covenant. Georgia's emergence from the communist system is not dissimilar from the emergence from colonialism.

"I know that judges and lawyers cannot be plucked off the tress, so you still have the same men, with the result that there must be a fundamental approach to their re-education", he said. There must be a fundamental retraining of all three branches of the Government. Outside help would be needed in that process, and should be available from the Centre for Human Rights, as well as from non-governmental organizations.

He said that it seemed certain criminal offences were in the jurisdiction only of the Supreme Court, which might decide there could be no further appeal. However, the Covenant provided that everyone had the right to have his conviction reviewed by a higher tribunal. If such a tribunal did not exist, it must be created. Mistakes could be made, both in law and in fact. That was why such a right of review was necessary.

Response by Georgia

Responding to questions raised by the experts, LEVAN ALEXIDZE, Chief Legal Adviser to the President of Georgia, said the situation with regard to dissemination of the Covenants was not so bad. It was true that not all of the judges were sufficiently familiar with them, but efforts were being made to address that gap. The Human Rights Committee's recommendations would be published and made available. Upon his return to Georgia, he would report immediately to the President, as well as to the public by means of television.

In Georgia, diplomats, historians and jurists were being given human rights training, he said. The Covenants were quite well known. Upon accession, they were published in the newspapers, but there were no constant

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reminders of them. The role of jurists in the Ministry of Defence was also being addressed. "I'm not trying to say that everything is perfect in my country, but here, in this area, we are working ... taking all possible steps to educate people", he said.

The obligations under the Covenant were consonant with those under the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe, he said. As to abortion, he agreed that it was not a means of family planning. On his return to Georgia, he would write to the appropriate bodies and undertake work in that area. As to how violations of women's rights were investigated, a more detailed analysis would be provided in his country's next report. Most violations took place in daily life incidents that did not reach the courts. However, every effort was being taken to ensure such violations did not occur at the State level.

It had been stated that the Procurator should not be involved in issues of detention and that an independent body was needed to review all claims, both of those convicted and those not convicted, he said. Such matters would be taken up by the ombudsmen, which would be a totally impartial institution. Those applying for appointments as judges took four-month courses to acquaint themselves with the relevant jurisprudence.

Under Georgian law, laws must be published, and it was only upon publication that they became legally binding, he said. That also applied to presidential edicts. All statements by the President to law-enforcement bodies were broadcast on television and also published in Georgian, Russian, Armenian and Azerbaijan in State-supported newspapers. If there was a collision between domestic and international law as embodied in a treaty, the treaty took precedence. That principle was embodied in all codes. However, in a conflict between domestic law and international law when there was no treaty involved, domestic law took precedence.

He agreed that the Covenants were binding on Georgia now that it was independent. However, they could not be applied while the country was in a state of civil war, and Georgia had experienced four civil wars in a two-year period. It was also true that the transition from a communist system was a major enterprise. Under the old system, other branches of the Government interfered with the judicial system. Now such interference did not exist and would not be tolerated.

Many criminal elements were taking advantage of the new freedom of movement in Georgia, he said. Now that the practice of registration no longer existed, it was difficult to address that problem, but efforts were being undertaken to do so. It had been noted that the Constitution allowed for

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strikes, but that there were no laws with respect to strike. "We have strikes very often", he said. There had been strikes by doctors and teachers. Workers made active use of them, and they represented a very effective course of action.

With respect to conscientious objectors, he said they were required to carry out alternative service. With reference to a case in which someone had been imprisoned on such grounds, he said that person would be immediately released. Five draft laws were currently being prepared with respect to freedom of the press, with the active participation of foreign experts. However, the Covenant allowed limitations to that freedom if there were threats to security. That formula had enabled the Soviet Union to prohibit Jews from leaving the country, since many Jews had worked in the military field. Because they had access to certain State secrets, they were not allowed to leave for a period of 10 years.

In terms of freedom of the press, the question was, what was a State secret? That term was being carefully defined in Georgia. International news stations were available in Georgia including, for example, Cable News Network (CNN). Control of the mass media was minimal. Issues of religious discrimination did not exist in Georgia, as could be seen by a visit to Tblisi. For example, even during the Soviet period, the synagogues had remained open.

ANZOR BALUASHVILI, Deputy General Prosecutor of Georgia, said public figures and others had petitioned against violations of their rights. The Government had acknowledged that mistakes had been made and he assured the Committee that the Government would always be open to such petition. Responding to questions about the freedom of assembly, he said there was free movement of people. A number of legislations and amendments to criminal procedures and other codes were before Parliament and many dealt with rights violations. There had, indeed, been cases in which confessions had been obtained under duress. Those involved had been dealt with and such confessions were no longer used in prosecutions. He would not deny that violations were committed during preliminary investigations.

He stressed that there were no political prisoners in Georgia. Those described as such by people outside Georgia were individuals who had committed terrorist attacks, including murder. Prisoners were not held for their political beliefs. Addressing issues related to access to counsel, he said that in addition to criminal proceedings, it was categorically prohibited for detainees to be interrogated without a lawyer being present. Detainees were informed of their rights.

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Responding to questions about freedom of conscience and expression, he said that there were laws on the press and the mass media. However, the responsibilities of the media had not been fully elaborated. He said cases concerning the media were referred by judges for comment to the independent Federation of Journalists. He cited the case of an editor who was sentenced to prison for a year for calling for the killing of Jews. There had also been one case of a conscientious objector, which was now before the Supreme Court. The Supreme Court was the highest body that adjudicated appeals. A new criminal procedure provided for review and appeal. Replying to questions about the right to privacy, he said the courts determined whether searches or confiscation of property could be carried out. There were exceptional cases, such as the state of emergency, in which search warrants were not obtained.

Mr. ALEXIDZE drew attention to efforts being undertaken to train Georgian law enforcement agencies and raise them to international standards.

Concluding Comments

THOMAS BUERGENTHAL, expert from the United States, said that while Georgia's written report had not been very helpful in understanding the current situation, the supplementary information indicated that some important steps had already been taken in the right direction. If the various draft laws which had been discussed were enacted as described, that would help promote and protect human rights in Georgia.

It was important to appoint the human rights Ombudsman and ensure that person was of high moral character and independence, someone who would not be intimidated by political and other pressures, he said. The appointment of the Ombudsman, and the resources placed at the disposal of the office, would send an important positive signal. However, if the character of the Ombudsman was questionable or the resources provided insufficient, it would send the opposite message.

Much still remained to be done in Georgia, he said. That would include speedy adoption of the new criminal codes, drastic improvement of the abysmal prison conditions, abolition of the death penalty, the curbing of all kinds of police abuses, a convincing crack-down on corruption in all governmental institutions, particularly the courts and Procurators Office, and the purging of officials who had in the past seriously abused their authority and fellow citizens. That was a very big assignment, but he had every confidence in the efforts to be undertaken by President Eduard Shevardnadze and the new Parliament.

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DAVID KRETZMER, expert from Israel, said the Committee was aware of the difficulties in making the transition from the old political system. While Georgia's report had been frank, there was also some kind of attempt to gloss things over. For example, it had been admitted that prison conditions were unacceptable, while arguing that the State party was still in compliance with the Covenant. That was difficult to accept.

The State party had admitted the continuing existence of torture, he said. While a positive development, that was not enough. No explanation had been given as to why there was not a clear presidential edict to all law enforcement offices making the Government's policy on that issue quite clear. He hoped that situation would be corrected. When it was admitted that torture was widespread, that also raised issues with respect to convictions obtained in the past. Based on information received from non-governmental organizations, it was difficult to accept the assertion that no one had been convicted on the basis of illegally obtained confessions.

He said the State party was not complying with article 10 of the Covenant, which provided that all persons deprived of their liberty should be treated with dignity and respect. When those imprisoned were not able to receive medical treatment, the State party was not complying with the Covenant and must give priority to the matter. He was not convinced by the statements regarding the final court of appeal on all issues. It was not acceptable that the appeal should be heard by the same body, even with a wider bench of judges participating.

ECKART KLEIN, expert from Germany, said he welcomed the decline in the crime rate and the progress in public safety. Nevertheless, serious problems remained. Despite all the progress made, torture and inhuman treatment were still a problem. Unacceptable prison conditions, a legacy of all former communist countries, were also a problem. It was essential that Georgia, and all countries in transition, increase the credibility of the State.

He said that could be best achieved by an unequivocal attitude to all human rights violations. An independent unit must be established to investigate all human rights violations, and those found guilty of such violations must be removed from office. The appointment of the Ombudsman was important, and the independence of judges must be ensured. That fact that the leadership of Georgia was firmly inclined to respect human rights provided hope for the future.

OMRAN EL-SHAFEI, expert from Egypt, asked the delegation to make an additional effort, once they were back home, to provide the Committee with supplementary written information to address the issues and observations

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presented by Committee members. That applied particularly to those questions that arose as a result of inadequate information in the report. The Government should avail itself of the assistance of the Centre for Human Rights in its efforts.

CECILIA MEDINA QUIROGA, expert from Chile, said that, given the condition of the prisons, it was imperative to review the conditions requiring preventive detention. It was now automatic to detain anyone charged with a crime carrying a potential sentence of more than three years. The issue needed to be addressed.

She drew attention to the delegation's statement that the Government did not engage in the violation of women's rights. However, under the Covenant it was not enough that the State refrained from violating human rights. It must also ensure that those rights were respected. For example, while she considered it positive that abortion was not a criminal offense, women's rights were not being ensured when there were no other forms of birth control available.

NISUKE ANDO, expert from Japan, said that with the ratification of the Covenant and other international human rights instruments, Georgia had an obligation to implement those statutes, notwithstanding the civil conflict and other difficulties. Prison conditions should be improved. The proper administration of justice was essential, as was training for judges and lawyers on human rights issues. Steps must be taken to improve the conditions of internally displaced persons and children. A new culture of human rights was needed. He looked forward to seeing progress in Georgia's next report.

FAUSTO POCAR, expert from Italy, stressed that Georgia had a responsibility to carry out the obligations inherited from the previous regime in the implementation of human rights instruments. The argument that the civil war had obstructed its full implementation could be accepted as a fact, but not legally. The State was not absolved from providing remedies in cases of rights violations and abuses.

JULIO PRADO VALLEJO, expert from Ecuador, said that it was not easy to move from a repressive to a democratic regime. Time was needed. Georgia was making encouraging progress. It must give effect, in accordance with its constitutional procedures, to the provisions of the Covenant. Noting that there were gaps in Georgia's Constitution in respect of human rights, he said victims should be compensated, violators of rights punished and impunity avoided by the State.

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ELIZABETH EVATT, expert Australia, stressed the need for positive measures to ensure equality of women and protection of their rights, as well as those of children. She hoped that the Government's legal reform programme would continue. Education and training were needed for those who exercised power, from the lowest to the highest levels. Individuals must have recourse to remedies. She was pleased that publicity would be given to the Committee's examination of Georgia's report.

PRAFULLACHANDRA BHAGWATI, expert from India, congratulated the delegation for the frankness of their response. He commended the progress made in Georgia's transition from an authoritarian system to a democratic civil society. He hoped that the reforms under way would result in the establishment of full human rights. It was important to change through education and training the attitude of judges and lawyers who had functioned under the authoritarian system. He called for the establishment of the office of Ombudsman and a legal aid system. The State must also eliminate the use of torture in obtaining evidence.

CHRISTINE CHANET, expert from France and Chairperson, said she had been struck by the foresight of the Government in tackling human rights issues. Obligations inherited by the Government of Georgia must be carried out. She referred to the concerns expressed by others, such as issues dealing with the application of the death penalty, cases of torture and its use in obtaining information, repression of political opponents, pre-trial investigations, as well as prison conditions, particularly regarding health and sanitation.

She was convinced that consideration of Georgia's report would allow the authorities to pursue improvements in human rights. She was also sure that Georgia would achieve its goal, if it was open to the recommendations of the Committee. It was essential that an Ombudsman be appointed. Finally, she hoped that Georgia's second periodic report, due in the year 2000, would show progress in implementation of the Covenant.

Mr. ALEXIDZE, Legal Adviser to the President of Georgia, assured the Committee that the quality of the next report would be improved and that information would be provided in full. He expressed profound gratitude to the Committee and said that its recommendations would be made public in Georgia and that Parliament and the President would also be informed. The Government was open to criticism and suggestions from all, including non-governmental organizations.

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