Georgia communications: May 1, 2011 to February 28, 2017

This page summarizes cases raised with Georgia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Georgia.

Communications and observations are divided into sections based upon which observation report they originally appeared.

Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).

Summaries and communications are published only in the language of submission (in the case of Georgia, English).

First Report (May 1, 2011 to March 15, 2012)

Joint urgent appeal, 20/06/2011. Case no. GEO 1/2011. State reply: 07/07/2011. Allegations of disproportionate use of force by law enforcement authorities to disperse a demonstration by opposition supporters.

Observations
The Special Rapporteur would like to thank the Government of Georgia for its response to his communication dated 20 June 2011. As a result of this engagement, and in the context of a standing invitation to all Special Procedures, an official country visit took place from 6 to 13 February 2012.

In line with the conclusions and recommendations contained in his mission report, the Special Rapporteur would like to reiterate the need for strengthening dialogue with all stakeholders with regard to the 26 May 2011 events. He regrets that stark differences in the narratives of accounts continue to exist between the Government and the opposition, which evidences the need for a new, inclusive and independent enquiry.

Second Report (March 16, 2012 to February 28, 2013)

Joint urgent appeal, 02/08/2012. Case no. GEO 1/2012. State Reply: 26/09/2012. Alleged detention and torture at the Police Temporary Detention Isolator (TDI) in the Kvareli District of Georgia.

Observations
The Special Rapporteur would like to thank the Government of Georgia for the information transmitted concerning Mr. Irakli Beraia. He nevertheless encourages the Government to provide further information about the investigations carried out in relation to this case.

Most specifically, the Special Rapporteur is concerned about allegations of torture in detention against an individual who took part in a peaceful assembly. He urges the authorities to carry out a thorough and independent investigation; to hold accountable those responsible and to provide full redress to the victim. He requests the authorities to keep him informed about the investigations conducted in relation to this case.

Third Report (March 1, 2013 to February 28, 2014)

Joint allegation letter, 13/06/2013. Case no. GEO 1/2013. State reply: none to date. Alleged lack of effective protection provided to demonstrators during the International Day against Homophobia and subsequent threats made against members of an LGBTI organization.

Observations
The Special Rapporteur regrets that the Government of Georgia did not respond to its communication. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication.

The Special Rapporteur urges the authorities to take all relevant measures to ensure that any individual, in particular lesbian, gay, bisexual and transgender people, can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. In this regard, he calls upon the authorities to “[t]ake positive measures, including affirmative action measures, to ensure that all individuals belonging to groups most at risk [such as LGBTI people] have the ability to exercise effectively their rights, including to freedom of peaceful assembly and of association” (A/HRC/26/29, para. 73(c)). Finally, he calls on the authorities to bring all the perpetrators before justice and ensure that the victims are provided with full redress.

In this context, the Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.