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. 9