Executive summary

The constitution of Georgia provides for an executive branch that reports to the president, a unicameral parliament, and a separate judiciary. Observers from the Organization for Security and Cooperation in Europe (OSCE) and Council of Europe found parliamentary elections held on October 1 to be an important step in consolidating democratic elections consistent with most democratic election commitments, but noted concerns. They reported the election was competitive, with active citizen participation throughout the campaign, including in peaceful rallies; however, they found the pre-election environment polarized, tense, and characterized by the use of harsh rhetoric and a few instances of violence. The campaign was marred by harassment and intimidation of party activists and supporters, often ending with detentions or fines of mostly opposition-affiliated campaigners. The distinction between government resources and activities and the ruling United National Movement’s (UNM) campaign was blurred at times. The elections led to the first peaceful, democratic transfer of power since the country’s independence in 1992. Following the elections, which produced a majority in parliament for the opposition Georgian Dream (GD) coalition, its representatives assumed the prime ministerial and all other cabinet positions on October 25. The president remains in power until the next presidential election. Security forces reported to civilian authorities.

The most important human rights problems reported during the year were: Torture and abuse of prisoners, detainees, and others by government corrections and law enforcement officials before the October change in government, as well as dangerously substandard prison conditions.

Shortfalls in the rule of law, such as lack of judicial independence and a lack of objective judicial scrutiny of executive actions, resulting in an uneven application of due process protections, which intensified in the campaign period before the October parliamentary elections.

Impediments to the exercise of the fundamental freedoms of association, assembly, and expression, particularly for members of the political opposition, combined with obstacles to political participation.

Other problems reported during the year included allegations of property transfers to the government under duress and improper government use of eminent domain to seize private property. A number of individuals reported being subjected to arbitrary harassment, job loss, and arrest that they alleged were related to the political activities of family members supporting the opposition GD coalition. Although parliament adopted a law requiring cable providers to offer all major news networks during the electoral campaign, during June and July the government seized satellite dishes that would have provided wider access to information outside the capital. Some journalists reported physical and verbal assaults by police and intimidation by government officials due to their reporting. Many internally displaced persons (IDPs) continued to live in substandard or squalid conditions. There were reports of irregularities in the parliamentary election campaign, including a blurring of the distinction between government resources and activities and the ruling party’s campaign, and multiple instances of the misuse of government institutional resources. After the parliamentary elections approximately 35 UNM mayors and city council chairs resigned, some allegedly under pressure. High-level government corruption was alleged. There were reportedly high rates of domestic violence. Georgia was primarily a source country, but also a transit country, for trafficking in persons. The government interfered with workers’ fundamental freedom of association in several areas, including arbitrary dismissals, interference with collection of dues, and harassment and intimidation of labor activists, largely before the October elections.

Although the government took some steps to prosecute and punish officials who committed human rights abuses, the pre-election government frequently terminated or delayed investigations into such allegations, contributing to an atmosphere of impunity. However, after the parliamentary elections, more than 25 high-level former government officials were indicted on torture, abuse of power, and corruption-related charges.

De facto authorities in the separatist regions of Abkhazia and South Ossetia remained outside the control of the central government. These authorities continued to be supported by several thousand Russian troops and border guards occupying the areas since the 2008 armed conflict between Russia and Georgia. A cease-fire remained in effect in both Abkhazia and South Ossetia, although incidents of violence occurred in both areas. Russian border guards restricted the movement of the local populations. While there was little official information on the human rights and humanitarian situation in Abkhazia and South Ossetia due to limited access to these regions, many allegations of abuse persisted. De facto authorities continued to restrict the rights, primarily of ethnic Georgians, to vote or otherwise participate in the political process, own property, register businesses, and travel. The de facto South Ossetian authorities refused to permit most ethnic Georgians driven out during and after the 2008 conflict to return to South Ossetia. With the exception of the International Committee of the Red Cross (ICRC), de facto authorities did not allow international organizations regular access to South Ossetia to provide humanitarian assistance.

Documents: