State Fails to Protect Rights of Vulnerable Groups - Ombudsman Recommendations to Prosecutor's Office and MIA

The Public Defender has published a report on the fulfillment of the obligations of law enforcers and the equality of vulnerable groups.

The report assesses the effectiveness of investigating alleged hate crimes committed against Jehovah's Witnesses and members of the LGBT + community in 2015-2020. As well as violations of the LGBT + community against freedom of assembly and expression in recent years.

According to the Public Defender, despite some steps forward, the state is unable to ensure the protection of the rights of vulnerable groups and the effective fulfillment of their obligations. The report says that preventive measures are insufficient, and in many cases the vision and policies of relevant agencies in terms of protecting the rights of vulnerable groups are vague.

In addition, the Public Defender notes that the legal status of LGBT + people and the current challenges in the political arena are discussed only at certain times of the year. At the same time, the relevant agencies are throwing the ultra-right groups and the members of the LGBT + community who want a peaceful gathering in the same pot.

The report says that the crimes committed by the leaders and members of such hate groups don’t get a timely and effective reaction, which creates a syndrome of impunity within the country
The Public Defender addresses the relevant agencies with a recommendation:

To the Prosecutor General of Georgia:

•  To further train the staff of the Prosecutor's Office of Georgia to improve their skills in the investigation of hate crimes;
•  Conduct analysis of hate crime statistics including risk factors for crime and circumstances preventing its detection.

To the Minister of Internal Affairs of Georgia:

•  Establish a special structural unit within the existing investigative system, which will be responsible for the prevention and effective investigation of hate crimes;
•  To further train the staff of the Ministry of Internal Affairs of Georgia to improve their skills in investigating hate crimes;
•  Analyze hate speech statistics, including risk factors for crime and circumstances preventing its detection;
•  To make unambiguous and clear statements in the future to protect the freedom of expression of LGBT + people;
•  Take effective preventive and proactive measures to protect the freedom of expression of LGBT + people;
•  Effectively investigate the incidents that took place near the Government Chancellery on June 14, 2019, as well as the legality of Levan Vasadze's statements and provide information to the public about the investigation.