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Situation in Georgia


Situation:

Since the Rose Revolution , the people's uprising of 2003, human rights in Georgia have drawn closer to acceptable standards. The government is committed to an ambitious reform agenda, but, because these reforms are being carried out speedily, unthoroughly, and without broad and open consultation, many of Georgia's entrenched human rights problems remain unimproved. Governmental actions in the past two years have led to decidedly mixed results.

Judicial independence:

Amendments to the constitution, adopted in 2004, diminished independence of the judiciary further, by increasing presidential influence over the judiciary. In April 2005, a considerable number of judges found themselves dismissed after a Presidential decree. The High Council of Justice, the body that decides such appointments and dismissals, is now headed by President Saakashavili. It need not provide reasons for dismissal, heightening the sense of executive prerogative.

Rights of religious minorities:

The government have taken positive steps towards protecting religious minorities. Attacks against those of different faiths have subsided since the revolution, and a leader of these attacks, Vasili Mkalavishvili , was arrested and incarcerated by the authorities. Prime Minister Zurab Jvania was a key supporter of allowing religious organisations recognition from the state, but he faced considerable opposition from his own government: his own president said that the state should do what it can to 'protect Georgia from harmful alien influence. Despite reforms allowing minority churches to register themselves in 2005, the Georgian Orthodox church has a considerable monopoly in Georgia, whilst minority groups find it hard to even build places of worship. The 2002 concordat between the G.O.C. and the Georgian government, is still in place. which recognises the Georgian Orthodox Church as the sole official religion of Georgia, and endows it with authority over all religious matters. It is the only church that has tax-free status, and it is often consulted in government matters.

Torture:

Torture is still a problem within Georgia. The government, in 2005, took some steps to combat the use of torture within the republic. Legislative amendments made out-of-court statements inadmissible as evidence, unless they are confirmed in court, and the government also reduced pre-trial detention time limits, effective 2006.
Several police officers have been detained for torturing individuals or treating them badly. There is also a new system put in place to monitor police stations, which has led to a considerable reduction in the number of complaints of torture in Tbilisi, the nation's capital, according to Georgian NGOs. Unfortunately, there has been a corresponding increase in the number of alleged instances of police violence at the time of arrest, or during transportation towards the police stations. They also reported that the monitoring programme has only reduced torture in a few metropolitan areas of the country, largely because there are not enough resources to monitor police stations outside the capital.

Freedom of expression and of the media:

The government has improved protection of freedom of expression , by such measures as decriminalising libel, freedom of the media has deteriorated since Saakashvili's having taken over. The media is far less critical than it was during the Shevardnadze years, although the newspapers are largely free from governmental pressure.

Status of refugees:

Refugees do not have satisfactory housing, medical care, or job opportunities in Georgia; they also face police abuse and threats of refoulement. Georgia has passed amendments to its Refugee law in 2005, and ratified the 1951 Convention on the status of refugees, but refugees, specifically Chechens, remain vulnerable to ill-treatment in Georgia. Georgia's laws are still not in line with international standards, and there are documented cases of refoulement.
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[for more details see also summary of Human Rights Watch]


08.11.2007:
Ausnahmezustand in Georgien und vorgezogene Präsidentschaftswahlen [weiter]


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