Early Marriages, Family Violence and Other Human Rights Violations in Public Defender’s Report

Nino Devidze, Kakheti

Georgian Public Defender’s 2013 Parliamentary Report on general human rights situation in Georgia reviews civil-political, economic, social and cultural rights in the country.

According to the Report, early marriage of girls is still well-established practice in the country. Ombudsman thinks statistics about forced early marriages is alarming – girls are either stolen or married based on parents’ mutual agreement. 

According to the Public Defender’s information, particularly alarming situation is in Kabali community of Lagodekhi district: “During informatory visit in Kabali Public School # 1, Public Defender’s representatives were informed that girls abandon schools at graduating stage because they are under high risk of being stolen. In January-February, 2014 three girls were stolen. The school director also confirmed the information. A girl told Public Defender’s representatives: “father sold a girl from our village to 45-year-old man for 10 cows. The girl did not want to marry the man and she ran away from home together with another person.” Second girl said: “I warn my parents I will commit suicide if they marry me by force. I repeat it to them every day.”

Ombudsman of Georgia states the main problem is insufficient attention to the issue from governmental institutions. “Population of Kabali community does not know whom to apply when children’s rights are breached. Girls are exchanged into domestic animals and money in those villages and inter-institutional coordination is needed to combat this problem. So, activities aiming at raising awareness are very important and particular attention shall be paid to awareness raising of teachers, parents and law enforcement officers about problems originated from early marriages as well as about relevant legal regulations in the country.”

According to the Public Defender’s evaluation, many facts of family violence were observed in 2013. “Despite many awareness-raising campaigns, establishment of legislative and institutional guarantees and criminalization of domestic violence, society still lives with stereotypes when they justify violence against women in the families. In August, 2013 Public Policy Institute together with UN Women conducted survey “Public perception about women and family violence in Tbilisi, Kakheti and Upper Svaneti”. According to the research results, 77,8% of the interviewed people thinks family violence facts happen very often or frequently enough; 9.6% is afraid for his/her relative to become victim of violence; 14% justifies violence against wife, if the latter does not pay attention to children.”

Public Defender evaluated 2013 as very problematic in terms of religious freedom and tolerance that was exposed in most acute forms towards Muslim community of Georgia. “In May and June, 2013 orthodox population of Tsintskaro and Samtatskaro villages protested opening Mosque in their villages and did not allow Muslim parish to gather and conduct Friday traditional prayers through intimidation, verbal and even physical assault. When dismantling minaret in Tchela village in Adigeni district, physical controversy occurred between law enforcement officers and local Muslims after what local inhabitants were injured; eleven Muslim people were arrested and criminal case was launched against some of them. Three months after the demolishment, on November 27, the restoration process of the minaret finished.”

According to the Public Defender’s evaluation, Georgian Ministry of Internal Affairs did not take adequate measures to combat aforementioned incidents; namely law enforcement officers did not implement positive obligation to protect religious group of Muslims from religious hatred and violence against them. 

According to the report, freedom of religion is still a problem in public schools. Children from religious minorities are still subject of psychological, moral and physical violence. “In the report period, citizens applied to the Public Defender’s Office about discrimination fact in Chumlaki village public school. Representatives of the Georgian Public Defender met parents of underage children, teachers and director of the Chumlaki public school. Mather clarified her family is member of Evangelist-Baptist Church and her son was often physically and verbally assaulted by the class mentor. She often requested the pupil to convert into orthodox religion. Teachers of Chumlaki public school denied information about physical assault of the pupil in their interviews with the Public Defender’s representatives. However, the mentor said the pupil’s family was “sectant”.

Public Defender’s office sent the collected information to the Ministry of Education and Science for farther reaction. The Public Defender’s office was notified that internal audit department of the Ministry gave instructions to the Chunlaki public school to eradicate the problem reflected in the conclusion of the internal audit department.

During the report period, several cases of interference in the activities of the Public Defender and disobedience to his lawful requirements were observed. General Inspection of MIA did not even warn deputy head of Sagarejo district police office Giorgi Revazishvili, who forcibly expelled Public Defender’s representatives from the local temporary detention setting during inspection. The General Inspection sent only recommendation to Revazishvili. “On October 17, 2013, the members of Public Defender’s special prevention group visited Sagarejo District Police Department with a plan to register the number of detainees and examine the record log of individuals moved to temporary detention isolator cell. Upon entering the duty station of the police department, the representative of the Public Defender presented the letter of credence from the Public Defender to the duty officer and explained the purpose of the monitoring group visit. At that moment Deputy Chief of District Police Department, Giorgi Revazishvili entered the duty station and persistently demanded from the representatives of the Public Defender to immediately leave the building. Despite the fact that it was explained to G. Revazishvili what type of authority did the Organic Law of Georgia on Public Defender provide, Giorgi Revazishvili, together with an individual in civilian clothes, presumably police officer, with the use of physical force made the representatives of the Public Defender leave the building.

Based on the mentioned above, on October 18, Public Defender addressed Mr. Irakli Garibashvili, the Minister of Internal Affairs of Georgia with a recommendation regarding interference into the professional activities of the members of Public Defender’s special prevention group and abuse of power by the Deputy Chief of Sagarejo District Police Department, Mr. Giorgi Revazishvili. Public Defender also recommended to the MIA to inform MIA officers about the mandate and authorities of the Georgian Public Defender’s Office; to ensure full and unhindered implementation of authorities of Public Defender’s representatives and lawyers under the law; to adequately respond to all facts of interference in the activities of Public Defender of Georgia and his representatives. 

In this particular chapter of the Public Defender’s report some other cases will also be discussed, where people were killed as a result of alleged criminal activities of state officials. “Investigation into August 28, 2012 Lopota Special Operation is still underway. No information about ongoing investigation and any progress in it is available for the family members of those killed during the special operation, for interested people and general society.”

According to Public Defender’s information, investigation into the abovementioned case was launched under Article 144 Part II a, c and I of the Criminal Code of Georgia that is hostage-taking. However, considering the fact that special operation in Lopota Gorge resulted into death of members of the armed group and several members of the Georgian Armed Forces, it is essential to evaluate reasonability and proportionality of the used force by the Georgian law enforcement officers during the operation. Family members of the killed people still do not hold victim status whilst the state has high responsibility before victims when investigation is going on into the death of state officials and is obliged to inform them about ongoing investigation process. Having no status, the family members cannot even enjoy their minimal rights under the Criminal Procedural Code of Georgia.

Public Defender recommends to the Minister of Interior and Chief Prosecutor of Georgia to conduct investigation into the cases on the killed people during August 28 2012 special operation in Lopota Gorge in compliance to all principles of independent, impartial, prompt and effective investigation.