Distr. GENERAL
CCPR/C/79/Add.74
April 1997
Original: ENGLISH
HUMAN RIGHTS COMMITTEE
Fifty-Ninth Session
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES UNDER ARTICLE 40 OF THE COVENANT
Concluding Observations of the Human Rights Committee: Georgia
1. The Human Rights Committee considered the initial report of Georgia
(CCPR/C/100/Add.1) at its 1564th, 1565th and 1566th meetings, on 26 and
27 March 1997, and adopted1 the following Concluding
Observations:
A. Introduction
2. The Committee notes with interest the initial report submitted by
Georgia and welcomes the dialogue it has had with a high-level delegation.
It notes with satisfaction that the delegation of Georgia was able to supplement
the report and provide clarifications concerning the legal provisions in
force and their scope, and on reform that is under way, which has enabled
the Committee to have a somewhat clearer picture of the human rights situation
in Georgia.
B. Factors and difficulties affecting the implementation of the
Covenant
3. The Committee notes that Georgia is still experiencing the influence
of the totalitarian past, which has created feelings of mistrust and insecurity
among the citizens. In addition, the State party is still suffering from
the effects of conflicts in South Ossetia (1992) and Abkhazia (1993-1994),
which gave rise to serious violations of human rights, including massive
population displacements, and the Government is having difficulty exercising
its jurisdiction in those areas in respect of the protection of human rights.
C. Positive aspects
4. The Committee notes the assurances given by the Head of the State
that the enjoyment of human rights would become a priority in Georgia.
5. The entry into force of the 1995 Constitution -even though the
latter does not fully reproduce the rights guaranteed under the Covenant -and
the establishment of the Constitutional Court, to which any citizen alleging
a violation of his constitutional rights can have recourse, are viewed
by the Committee as encouraging signs.
6. The Committee notes with satisfaction the abolition of the internal
passport ("propiska"), which was an impediment to liberty of
movement guaranteed under article 12 of the Covenant.
7. The reform of the Criminal Code and the Criminal Procedure Code,
coupled with the restructuring of the "Prokuratura" that was
under way with the aim of limiting the latter's role to that of a prosecuting
body stripped of the prerogatives it formerly enjoyed, which enabled it
to interfere in judicial decisions, are viewed by the Committee as positive
progress.
8. While regretting the underrepresentation of women in the organs of
government and the inequalities which persist in the economic and social
spheres, the Committee is pleased that discrimination against women before
the law and in terms of level of education has lessened.
9. Lastly, the Committee welcomes the State party's efforts to afford
more active protection for the human rights of minorities with a view to
guaranteeing the practice of their cultures and languages.
D. Principal subjects of concern
10. The Committee deplores the fact that no remedies were available
to victims of the events occurring in 1992, 1993 and 1994 enabling them
to seek the enforcement of their rights under article 2 of the Covenant.
In that connection, the Committee notes that the State party was bound
by the provisions of the Covenant as from the date on which the country
became independent and hence also during the period preceding its declaration
of accession, since it must be considered to have succeeded to the obligations
undertaken by the former Soviet Union, of which it was an integral part
up until the time when it proclaimed its independence.
11. The Committee regrets that the Covenant, although directly applicable under domestic law, is not invoked before the courts. In addition, it considers that the continuing vacancy in the post of Ombudsman, which was established in May 1996, denies an effective remedy to persons alleging a violation of their fundaþþ
12. The Committee regrets that, in spite of the elimination of inequalities
before the law, women continue to be the victims of inequality and discrimination
in the political, economic and social spheres. It further notes with concern
that methods of contraception other than abortion are very difficult to
obtain.
13. The Committee fears that the moratorium that has been instituted
on the carrying out of death sentences is a weak palliative. In spite of
the reduction in the number of offences carrying the death penalty, such
offences are still too numerous and some of them do not come within the
category of the most serious crimes envisaged in article 6 of the Covenant.
It also deplores the fact that some capital sentences appear to have been
imposed in cases where confessions were obtained under torture or duress
or following trials where the guarantees under article 14 of the Covenant
were not respected, particularly the right to have a case reviewed by a
higher court under article 14, paragraph 5, of the Covenant.
14. The Committee is deeply concerned by cases of torture inflicted
on individuals deprived of their liberty, including for the purpose of
extracting confessions from them. It deplores that these acts and other
acts of torture usually go unpunished and that in many cases a lack of
confidence in the authorities keeps the victims from lodging complaints.
15. The Committee deplores the abuse of resort to pre-trial detention
and police custody. The duration of those measures is limited by the Constitution,
but the limits are not being observed in practice in the case of many offences,
in disregard of the provisions of article 9 of the Covenant.
16. The Committee is deeply concerned at the disastrous prison situation;
crowding, poor sanitary conditions and lack of medical care result in a
high rate of infectious disease and a very alarming mortality rate, in
particular among juvenile detainees. The Committee stresses thatthe State
party does not comply with the provisions of article 10 of the Covenant
according to which all persons deprived of their liberty shall be treated
with humanity and with respect for the inherent dignity of the human person
17. The Committee is concerned at the continuing close relationship
that exists between the procurator and the judges; it fears that, in the
absence of any statute guaranteeing the independence of the magistrates,
serious violations of the impartiality of decisions may occur as well as
pressure by the executive on the judiciary.
18. The Committee notes with disquiet that court proceedings do not
meet the conditions required by article 14 of the Covenant; in particular,
although the law provides for access to the assistance of counsel, in practice
this is made difficult because of excessive bureaucracy.
19. The Committee regrets that, despite the elimination of the "propiska",
there remain obstacles to freedom of movement within the country; it notes
with concern that there continues to be a great deal of corruption in this
area.
21. The Committee emphasizes that political opponents are prosecuted because characterizations of crimes are very vague and general, and the constituent elements are hard to determine (insubordination, sabotage ...).
22. The Committee regrets that because there is nothing in the legislation
concerning the exercise of freedom of association it has not been possible
to establish free trade unions so that workers can exercise their rights
under article 22 of the Covenant.
23. The Committee is concerned at the increase in the number of children
affected by poverty and social dislocation and the concomitant increase
in the number of street children, delinquents or drug-addicts.
E. Suggestions and recommendations
24. The Committee invites the Government to provide all individuals
under its jurisdiction with effective remedy and to secure compensation
in the event that a violation has occurred since the date of independence
in 1991.
25. The Committee recommends that the State party Government appoint
an Ombudsman as soon as possible and that procedures be established that
would give effect to the Committee's findings pursuant to the optional
protocol. The Committee urges the Government to see to the legitimacy and
full powers of the Committee for Human Rights and Ethnic Relations and
to define the relationship between that Committee and the ombudsman.
26. The Committee urges the authorities to continue the moratorium on
executions and continue the serious efforts that have been made with a
view to achieving its goal concerning the abolition of the death penalty.
27. The Committee recommends that the State Party undertake systematic
and impartial investigations into all complaints of ill-treatment and torture,
bring to court persons who are found guilty of violations as a result of
these investigations and compensate the victims. Confessions obtained under
duress should be systematically excluded from judicial proceedings and,
given the admission of the State party that torture had been widespread
in the past, all convictions based on confessions in which allegations
of torture were made should be reviewed.
28. The Committee recommends that detention and pre-trial detention
should, in practice, be effected consistent with the requirements of the
Constitution and the Covenant; it stresses, inter alia, that all
persons who are arrested must immediately have access to counsel, be examined
by a doctor without delay and be able to submit an application promptly
to a judge who will rule on the legality of their detention.
29. The Committee urges the State Party to take urgent steps to improve
the situation in penitentiaries and, in particular, health conditions in
the prisons; it invites the State Party to cut down on the use of imprisonment
as a punishment for minor violations and on the use of pre-trial detention
for excessive periods.
30. The Committee recommends that the authorities put an end, once and for all, to the restrictions on freedom of movement within the country and freedom to leave Georgia.
31. The Committee urges the State party to enact a law guaranteeing
the independence of the judiciary and providing and total autonomy vis-à-vis
the procurator and the executive.
32. The Committee urges the State Party to guarantee the rights set
forth in article 14 of the Covenant, in particular by remedying the
deficiencies with regard to the exercise of the right to defence and the
right to appeal. The creation of an independent legal profession is, in
the Committee's view, a necessary precondition for effective enjoyment
of such rights.
33. The Committee earnestly recommends that the State Party, in connection
with the revision of the Penal Code, that it repeal those offences which
make it possible to prosecute political opponents for their beliefs under
cover of upholding the law.
34. The Committee invites the State Party to enact laws making it possible
for trade unions to be formed freely and to carry out their activities
in defence of the rights of workers.
35. The Committee urges the State Party to take urgent steps to protect
children in accordance with provisions in article 24 of the Covenant.
36. The Committee recommends that educational and training programmes
drawn up with a view to developing a culture of respect for human rights
in all sectors of the population, inter alia, judges, the security
forces and prison personnel. These programmes should also emphasize full
enjoyment by women of their fundamental rights.
37. The Committee recommends that the report of the State Party, together
with the concluding observations adopted by the Committee, should be widely
disseminated and that the text of the Covenant be disseminated in all languages
commonly used in the country
