Nongovernmental organizations call on the government to ensure effective process of restitution of breached rights

We express concern about the murder of the businessman Besik Khardziani and bring our condolence to his family and relatives. We call on the Government of Georgia to promptly, effectively and impartially investigate his murder case, expose perpetrators and ensure their punishment in accordance to the law.

Assassination of the Businessman Besik Khardziani immediately attracted public attention as it was perceived as possible revenge against active supporter of the restoration of justice in the country that aims to threaten other supporters of the process. The tragedy might be evaluated as a follow up of Yuri Vazagashvili’s assassination that counters people struggling for the establishment of justice. On the other side, if the government fails to ensure effective process of restoration of justice, it will get more probable that concrete citizens will take responsibility over the process. 

Even before 2012, both local nongovernmental and international organizations as well as authorities of our partner countries stressed out the necessity to study and respond to the facts of human rights abuses from 2004-2012. Several international experts and rapporteurs spoke about the necessity of the restoration of the citizens’ breached rights after 2012 elections.

UN Committee on Civil and Political Rights stated in its 2014 report: The State party should pursue the investigation into past abuses while, given that such violations were committed before the 2012 elections, avoiding the appearance of political retribution. Still, it should do everything in its power to provide victims of violations with effective remedies in accordance with article 2, paragraph 3, of the Covenant. ⁵

Thomas Hammarberg, EU Special representative, wrote in his 2014 Report that “Government should be clear on how it plans to react in response to the complaints. Absence of clear policy with fair solutions might promote an increase of unnecessary tensions within society, as well as continually violate the rights of the victims. The state needs to elaborate a compensation strategy, even if it may face financial constrains to adequately compensate all victims.”⁶

2014 report on the assessment of the implementation of the European Neighbourhood Policy by Georgia claims the same, which states that “Government should establish an independent and effective complaints mechanism to address complaints on property rights violations, torture and ill treatment, and misuse of the plea-bargaining system.”

The recent assessment of the UN Special Rapporteur also speaks about the need to restore breached rights: “There have been significant prosecutions and convictions for the torture and abuse of the recent past, but a large legacy remains and hundreds of victims still demand an effective remedy.”⁷

Regardless aforementioned recommendations, the process of restoration of breached rights is extremely slow and ineffective. The state policy and plans have changed several times and their positions about critical issues are still unknown though it is essential to tackle them to ensure restoration of justice.  Among other unaddressed issues we are concerned about the law enforcement bodies which might not be free from those officials, who directly or indirectly participated in the aforementioned human rights violation facts of the past and if they still occupy positions in the law enforcement bodies, it is significant to know how the trust estimation process is free from their influence.

We have questions about the mandate and effectiveness of the recently established department of the Prosecutor’s Office. Another significant fault on this department is that investigation into the facts of human rights violations from 2004-2012 is beyond its competence. For example, cases of arbitrary and ungrounded imprisonments. 

Dragged out restitution of justice confuses people, instils fear and reduces trust to state institutions and judiciary system. Considering all aforementioned circumstances and possible risks, that might cause feeling of public insecurity in the society and desire of concrete people to take responsibility over the restoration of justice, we call on

The Government of Georgia:

- To immediately elaborate concrete and effective strategy document for the restoration of breached rights through active participation of civil society and public discussions;

The Parliament of Georgia and relevant governmental institutions:

- To critically analyse existing legislative and institutional framework and to assess need of possible changes for the restoration of the breached rights;

- To take steps to develop relevant legislative and institutional framework to create real opportunity to restore the breached rights;

Chief Prosecutor’s Office of Georgia:

- To ensure effective and transparent investigation into the facts of human rights violation;

- To take measures to avoid problem of interest conflict in law enforcement bodies during the investigation into past human rights violation facts;

Parliament of Georgia

- To ensure effective parliamentary control over the activities of the executive body of government in the aforementioned field;

- To play leading role in the effective management of the human rights restoration process.

Georgian Young Lawyers’ Association

Georgian Bar Association

Human Rights Center

Article 42 of the Constitution

Business and Economy Center 

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^5.http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?TreatyID=8&DocTypeID=5

^6.RECOMMENDATIONS TO THE GOVERNMENT OF GEORGIA, Special Advisor to Georgia on Human Rights, Constitutional and Legal Reforms ,Thomas Hammarberg (Follow up on the final mission – 4-9 June, 2014) http://eeas.europa.eu/delegations/georgia/documents/human_rights_2012/th_recommendations_to_the_government_of_georgia_en.pdf

^7.http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15724&LangID=E