A/HRC/45/54
Constitutional Court against the law regulating the selection of candidates for positions as
Supreme Court judges. The decision remained pending at the time of finalizing the present
report.
17.
OHCHR pursued its cooperation with the Georgian Bar Association. The OHCHR
training on international human rights standards relating to the administration of justice
continued to be integrated into professional courses for practising lawyers. During the state
of emergency, OHCHR sustained capacity-building activities, via videoconference.
18.
On 24 June 2019 the Prosecutor General’s Office announced that it had launched an
investigation into the events of 20–21 June 2019, which was ongoing at the time of
finalizing the present report. The Office of the Public Defender noted in its submission that
the investigation into abuse of power by law enforcement personnel during the protest had
tended to focus solely on identification of criminal acts by individual law enforcement
officers, but was not aimed at determining the scope of responsibility of superior officials
and did not establish or exclude the possibility that a crime had been committed by inaction
or omission. The Public Defender stated that several steps that were necessary for an
effective investigation had not been undertaken, such as seizure of records of handheld
transceivers. According to the Government of Georgia, as a result of the investigation,
criminal prosecution had been commenced against three officials of the Ministry of Internal
Affairs.
19.
Regarding the cases highlighted in the 2018 and 2019 reports of the High
Commissioner to the Human Rights Council, 15 OHCHR received information that on 31
October 2019, the Holy Synod of the Patriarchate of the Georgian Orthodox Church
requested the President of Georgia to pardon archpriest Giorgi Mamaladze, who had been
convicted and imprisoned for attempted murder. This request was not granted and Mr.
Mamaladze remains incarcerated. OHCHR also received information that the Azerbaijani
journalist Afgan Mukhtarli had been released from prison in Azerbaijan in March 2020.
Mr. Mukhtarli continues to allege that he was arbitrarily detained in Tbilisi in March 2017
and transported across the border to Azerbaijan with the involvement of high-level
Georgian officials. According to the Government of Georgia, the Prosecutor General’s
Office of Georgia communicated with Mr. Mukhtarli and expressed its readiness to
interview him in person and conduct all relevant investigative actions in case he appears in
Georgia.
C.
Combating torture and other forms of ill-treatment
20.
Georgia continued to make progress in combating torture and other forms of illtreatment. After delays due to budgetary issues, the investigative mandate of the State
Inspector came into force on 1 November 2019. 16 OHCHR assisted in organizing the
launching event. On that occasion, the Prime Minister of Georgia and the Minister of
Justice, among others, emphasized that the creation of this service reflected the
commitment of Georgia to addressing the long-standing issue of ineffective investigations
into human rights violations committed by the police, the Prosecutor General’s Office and
penitentiary officers, which had generated a sense of impunity and undermined public trust
in law enforcement agencies. In a special report presented on 21 January 2020 to
Parliament, the Public Defender expressed concerns over the existence of “informal
15
16
6
Georgia, “Monitoring report on the selection of Supreme Court judicial candidates by the High
Council of Justice of Georgia”, available at https://bit.ly/2Ytowz1.
A/HRC/39/44, paras. 15–16; and A/HRC/42/34, para. 16.
The Law on the State Inspector Service, adopted on 21 July 2018, entrusted that Service with the
mandate of the abolished Office of the Data Protection Inspector. It further mandates the State
Inspector Service to investigate allegations of serious human rights violations involving law
enforcement officers. OHCHR had been advocating for the establishment of this entity since 2014.
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