A/HRC/41/45/Add.1
organization reported having worked on 38 such cases in 2017 and 40 in the first nine
months of 2018. However, this must be regarded as the tip of the iceberg. The vast majority
of violence against lesbian, gay, bisexual, trans and gender diverse persons remains
undocumented and, when reported, it is rendered invisible by improper qualification or
recording.
40.
Victims report being unwilling to refer incidents to the police – the first link in the
chain of justice. Among the reasons are the stigma associated with the community and the
fear of having to disclose a diverse sexual orientation or gender identity; the lack of trust in
the authorities and the fear of phobic behaviour and attitudes from police officers; and even
the feeling of shame due to internalized phobia. The lack of legal prospects, the low
awareness of the anti-discrimination legislation and redress mechanisms, as well as poor
access to justice, also contribute to an unwillingness to report. 25 Prejudice among police
officers is particularly acute towards trans sex workers: the Independent Expert received
repeated complaints of abuse of authority, transphobic attitudes, verbal and physical abuse,
and degrading or humiliating treatment. 26 He also heard allegations that police officers
traded protection for sexual intercourse with trans women under the auspices of wellestablished relations that have continued for years. Yet, examples of such instances of
abuse are entirely absent from the information bases of the police oversight mechanisms.
This clearly means that such cases will not be investigated and will remain unpunished,
reinforcing impunity.
41.
Law enforcement bodies rarely link article 53 1 or article 142 of the Criminal Code to
cases of violence against lesbian, gay, bisexual, trans and gender diverse persons, and
courts have never applied the law regarding aggravating circumstances in relation to sexual
orientation or gender identity. Authorities generally agree that the main problem lies in the
incorrect qualification of hate-motivated crimes as ordinary crimes, which results from a
lack of awareness and prejudice permeating the entire justice system. Furthermore, until
2016, cases of violence based on sexual orientation and gender identity were invisible in the
official data.
42.
Some progress has been made in this regard since early 2018. The creation of the
Department for Human Rights Protection at the Ministry of Internal Affairs appears to have
created a qualitative difference in the Ministry’s ability to deal with the issue, and in 2018,
criminal charges were brought in 15 cases on the basis of sexual orientation and in 12 cases
on the basis of gender identity. 27 In addition, the Department is carrying out awarenessraising campaigns to make clear that such offences will be dealt with effectively and
appropriately; a special police training module on hate crime is currently under
development, and measures are being taken to improve data collection and management. To
complement these positive measures, the Independent Expert recommends establishing a
dedicated unit to investigate hate crimes.
43.
At the prosecutorial level, there have been commendable efforts taken to increase
the knowledge of prosecutors and the judiciary on hate crimes and discrimination. In 2016,
the Division of Human Rights of the Prosecutor’s Office issued a recommendation for
prosecutors on the use of article 531 of the Criminal Code on aggravating circumstances
and training has been provided on the identification of hate motives in the course of
investigations and proceedings. These efforts have led to a steady increase in the
identification of hate crimes based on sexual orientation and gender identity. The
Independent Expert welcomes these positive developments, while underlining his concern
that many cases do not reach this stage in the proceedings and urging the prosecutorial
authorities to intensify their efforts.
25
26
27
ACT, Human Rights and Justice in Georgia: Public Perceptions and Awareness, final study report
commissioned by the European Union and the United Nations Development Programme (February
2017); and Council of Europe, Hate Crime, Hate Speech, and Discrimination in Georgia.
This information is in line with the findings of the Public Defender’s Office. See, for example, its
special report on the fight against discrimination, 2018, p. 23.
Data received from Georgia after the mission.
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