GEORGIA
- Current Issues
- Country Background, Politics & Law
- Human Rights Issues
- Security, Humanitarian Issues and Protection Related Issues
- Autonomous Territories
Security
| Security forces | Criminality | |
| Corruption |
Humanitarian issues
| Internal displacement | Housing | |
| Food | Health | |
| Social security |
Protection-related issues
| Internal flight alternative | Third countries | |
| Return/repatriation |
27.09.2007 - Source: EurasiaNet
Arrest of former defence minister Okruashvili in the office of his newly formed political party Movement for a United Georgia; no arrest warrant presented by police; allegations of money laundering, corruption and abuse of power; president Saakashvili has not responded yet to the allegations Okruashvili made against him ("President Silent, While Key Opposition Party Takes Shape") [ID 21242]
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27.09.2007 - Source: BBC News
Politician arrested for corruption after alleging president ordered him to plan assassinations ("Georgia holds president's ex-ally") [ID 21245]
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26.09.2007 - Source: Civil Georgia
According to Transparency International corruption in Georgia has decreased ("Georgia Out of ‘Rampant Corruption’ List") [ID 21241]
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25.09.2007 - Source: Radio Free Europe/Radio Liberty
A former member of the administration, Irakli Okruashvili, has accused President Mikheil Saakashvili of "ordering murders" ("Ex-Minister Says Georgian Leader Ordered Killings") [ID 21181]
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25.09.2007 - Source: Civil Georgia
President’s spokesman arrested and charged with extortion, deputy prosecutor general says ("Saakashvili's Spokesman Arrested for ‘Extortion’") [ID 21182]
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23.09.2007 - Source: Civil Georgia
Former governor of Shida Kartli region arrested and charged with bribery and illegal business practises ("Shida Kartli Ex-Governor Arrested") [ID 21179]
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12.09.2007 - Source: Civil Georgia
Shida Kartli: Governor Kareli and other officials prevented from entering local city council by Georgian authorities; incident follows arrest of other officials accused of misappropriation of state funds ("Arrest of Officials in Gori Sparks Anger") [ID 21168]
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05.2007 - Source: Transparency International
Global Corruption Report 2007 ("Global Corruption Report 2007") [ID 20422]
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27.03.2007 - Source: International Helsinki Federation for Human Rights
Georgia’s judiciary has not managed to guarantee its independence; its decisions were criticized for being unfair and politically motivated; in its campaign to fight corruption, the government also targeted the judicial system by removing allegedly corrupt judges ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2007 (Events of 2006)") [ID 19524]
"Georgia’s judiciary underwent reforms in the 1990s but has not managed to guarantee its independence: also in 2006 its decisions were criticized for being unfair and politically motivated. Even President Saakashvili admitted during a meeting with lawmakers from the ruling National Movement on 17 April that the judiciary “remains the most problematic sector,” and noted that improvements will take a long time.1 It appeared that no real progress was made in the course of 2006 in this field.
The 2004 constitutional amendments increased the president’s authority to dismiss and appoint judges. In its campaign to fight corruption, the government also targeted the judicial system by removing allegedly corrupt judges. These measures, however, lacked transparency and due process. The forced resignations under pressure in 2005, and non-transparent disciplinary proceedings that led to dismissals, had a chilling effect on new and remaining judges, who recognized their positions as tenuous and their decisions subject to the approval of the executive."
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07.2006 - Source: Freedom House
Although a high rate of corruption has been typical for Georgia, the new government undertook resolute anticorruption measures ("Nations in Transit 2006") [ID 15636]
"Corruption. Although a high rate of corruption has been typical for Georgia, the new government undertook resolute anticorruption measures. Several corrupt officials were arrested, including some appointed by the new government. The salaries of a large number of public servants and law enforcement officers were dramatically increased as an incentive against corruption. Certain official procedures have been simplified, and the government adopted a new National Anticorruption Strategy and Action Plan. There is evidence of improved public confidence in state institutions. Owing to the persistent anticorruption measures of the new government, the rating in this category improves from 5.75 to 5.50."
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09.02.2006 - Source: Civil Georgia
Row over 4 border guards being detained for alleged bribery by Interior Ministry's police inspection unit; case fabricated and arrests illegal, says Commander of the Georgian Border Guard Department ("MIA in Internal Row over 'Bribery' Case") [#43853], [ID 6004]
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01.02.2006 - Source: Transparency International
New legislation with disciplinary rules for judiciary, flat tax rate and standardised university admissions system form part of anti-corruption campaign; despite Georgia´s signature of partnership agreement on combatting corruption, its implementation was lagging behind territorial integrity restoration ("Global Corruption Report 2006") [#44269], [ID 6005]
"Two sets of laws adopted as part of a package on judicial reform are intended to augment the independence of the courts and strengthen the government’s ability to prosecute corrupt judges. A law passed in February 2005 elaborated the government’s disciplinary response to violations by judges. Two other laws adopted in December 2004 raised the salaries of judges in the Supreme Court and the Constitutional Court to the level of state ministers. […]
Parliament adopted a revised tax code in December 2004. [...] Changes include the introduction of a flat tax rate of 12 per cent, replacing a higher progressive income tax and potentially reducing the tendency of wage earners to hide their income. […]
Also in December, Minister of Education Alexandre Lomaia pushed through parliament a law that standardises the university admissions system and is aimed at eliminating the practice of students securing their place in college by paying bribes. […] A number of rectors have been fired or have resigned amid a wave of corruption charges since the law was adopted. [...]
Adhering to Georgia’s anticorruption initiatives
The government has not instituted national-level anti-corruption initiatives, such as reform of the civil service, the streamlining of existing anti-corruption laws or the creation of an independent anti-corruption agency. It took steps in this direction by creating a Ministry of Economic Reform and an Anti-Corruption Policy Coordination Department at the National Security Council, and by reviving the formerly disbanded Public Service Bureau. The latter, re-established after the state transferred to a ministerial system of government, envisions resolving the overstaffing and low wages that increase the frequency of bribe-taking and corruption in the public sector. […]
Georgia has signed a partnership agreement with the G8 on promoting transparency and combating corruption, implementing the recommendations from the Council of Europe’s Group of States against Corruption (GRECO) and the OECD’s Anti-Corruption Network for Transition Economies. […] Compliance with these documents has not been as brisk as their adoption, however. In the government’s defence, anti-corruption targets have been overshadowed by the campaign to restore Georgia’s territorial integrity through the reintegration of South Ossetia and Abkhazia. The documents, moreover, are vague, set forth contradictory information and lack specific details on timeframe or implementation, making them wish-lists more than feasible plans. […]"
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31.01.2006 - Source: ReliefWeb
South Caucasus: Report on the impact of corruption by various social actors (governments, trade, military institutions, NGOs) on the conflicts in Georgia, Azerbaijan and Armenia, as well as Nagorno Karabakh, Abkhazia and South Ossetia ("Corruption and Conflict in the South Caucasus (International Alert)") [#45860], [ID 6006]
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05.01.2006 - Source: Council of Europe - Parliamentary Assembly
Positive results of Strategy and Action Plan for fight against corruption include higher state budget, higher salaries of civil servants, changes in tax law and in funding of political parties ("Implementation of Resolution 1415 (2005) on the honouring of obligations and commitments by Georgia [Doc. 10779]") [#41527], [ID 6007]
"126. Corruption was and continues to be one of the biggest problems in the country. The recent months, however, have brought the first visible and encouraging signs that the problem is beginning to be tackled. [...] the authorities have fulfilled one of the most important GRECO recommendations: a Strategy and an Action Plan for the fight against corruption was adopted in very close co-operation with the Council of Europe and its implementation started immediately.
128. The strategy foresees an anti-corruption element in virtually all the main sectors of public life where reforms are needed. [...]
129. For the authorities, the fact that the state budget has increased five times over the last two years is the most significant indicator of the success in the fight against corruption. Over the same period, the number of civil servants has been reduced by 20,000 and their salaries have undergone a 7-fold increase; up to 20-fold for the high positions. The area in which the population has felt the greatest improvement is the work of police and traffic police. The authorities also praise themselves for eradicating corruption in public access to university, by creating a central examination committee and universal tests.
130. The biggest remaining challenges are in the field of tax and customs administration. In June, Finance Minister, Valery Chechelashvili, was sacked after several senior tax officials were detained on suspicion of corruption.
131. A new tax code has reduced the number of tax types from 15 to 7. A new customs code has lowered the tariffs. The registration process for small and medium enterprises has been simplified. According to the Vice-Minister for reform co-ordination, the new legislation aims at reducing the role of the state to the necessary minimum and promoting free trade and competition.
132. The ambition to crack down on corruption has brought some paradoxes, as the President himself acknowledged – for instance, sanitary check-ups of restaurants or technical control for cars have been suspended as it has proved impossible to prevent bribes. Sometimes, the fight against corruption has become a victim of its own success: public administration is becoming passive and is afraid of doing anything for which it could be accused of being corrupt. The President complained that for this reason it had even been difficult to obtain architectural permission for the building of the new presidential palace. This fact shows that, in parallel to legislation, the authorities need to develop codes of good practice and of ethics for public administration – another area in which the Council of Europe could also provide useful assistance.
133. The Council of Europe has also helped Georgia significantly in the field of funding of political parties. In 2003, a Group to monitor the funding of political parties and electoral campaigns was established in Strasbourg. [...] July 2005 the Group prepared draft amendments to the electoral code and the law on political associations. Representatives of the opposition and ruling National Movement parties, as well as officials from the Central Election Commission (CEC) signed a Memorandum on Funding of Political Parties at an event held under the auspices of the Council of Europe in Strasbourg. The law on transparency of party funding is due to be adopted in December 2005."
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01.2006 - Source: Human Rights Center
People in official functions remain to be corrupt and feel accountable only to those above; structural attempts to transform bias into rule of law and impartiality seem to be lacking ("Next Stop – Belarus?; Human Rights Report 2005; Georgia") [#43007], [ID 6008]
For documentation of individual cases please refer to the original document
"The notion of ‘rule of law’ refers to the responsible, attentive, and impartial execution of ones official functions. […]. A soberly impartial, responsive, and predictable execution of official functions remains to be a utopian dream. Too often people occupying state positions consider their personal interests - how to fill their pockets and to increase their status within the specific stratum of the state apparatus. Thinking about how to solve people’s problems becomes of secondary importance. Corruption and nepotistic attitudes towards relatives and friends are still there, only now sometimes hidden behind the mask of morally objective-looking procedures. It does not seem that there have been serious and structural attempts to transform the bias and unpredictability of official activities into impartiality and the rule of law. While good initiatives are taken, their effectiveness is apt to be diminished by these faults. Apparently, there are not enough people in high positions who see it in their interest to decisively push through other attitudes. [...] In such understanding it is not the government that is there for the people, but rather the other way around. The mentality among officials, that they are accountable only to those ‘above,’ is still prevalent. Openness of procedures and information, which is of vital importance for general accountability, is lacking – if one does not show, are there things to hide? […]"
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26.12.2005 - Source: Civil Georgia
Judicial Discipline Commission of the Council of Justice ruled that 4 judges should be dismissed for misconduct; all of them publicly spoke out against persisting pressure on judiciary coming from authorities ("Four Judges Sacked") [#41814], [ID 6009]
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09.12.2005 - Source: Civil Georgia
Judiciary is considered to be most corrupt institution in Georgia, followed by Customs and Political Parties ("Judiciary Tops Georgia’s List of Corrupt Institutions") [#41806], [ID 6010]
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09.12.2005 - Source: Civil Georgia
Adjara: 24 customs officers arrested by Georgian police at Sarpi border checkpoint; they are suspected of misuse of power and violation of customs procedures ("24 Customs Officers Arrested") [#41805], [ID 6011]
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10.2005 - Source: UK Home Office
During 2004 rooting out corruption sometimes resulted in infringement of rule of law; several high officials were arrested, however Georgian NGOs fear that due process was often violated; the campaign led to decrease of corruption in executive branch ("Operation Guidance Note: Georgia") [#39388], [ID 6012]
"3.8.2 Treatment. While the new Government prioritised rooting out corruption in 2004, its efforts sometimes infringed on the rule of law. For example, between January and March 2004, the Government arrested a number of high profile, wealthy figures close to former President Shevardnadze, charged them with abuse of office or tax arrears, sentenced them to pre-trial detention, and fined them a pre-determined sum, which was reportedly deposited in the State treasury. Detainees were released without charge if they paid. If the individual refused to pay, he or she remained in isolated pre-trial detention and experienced intimidation. The Government, in effect, used pre-trial detention as a bargaining tactic to induce payment.
3.8.3 During 2004, President Saakashvili and other government officials often made public statements concerning the guilt of detained suspects in high-profile corruption cases before a trial had commenced, thus exerting undue influence on impending court cases, as judges felt pressured to uphold the President's "opinions."
[…]
3.9.2 Treatment. During 2004 Government corruption in the executive branch, decreased significantly however it remained widespread in the judicial branch. Corruption in law enforcement agencies decreased, but remained a problem. During 2004, as opposed to previous years, most government officials received salaries in a timely manner, reducing corruption significantly.
3.9.3 In February 2004, Parliament passed an anti-corruption bill that introduced major changes to the criminal procedure codes. The new legislation allowed the Prosecutor's Office greater flexibility in charging officials with criminal bribery, cancelled immunity for law enforcement agency officials, authorised in absentia proceedings against officials who fail to appear in court, and introduces the use of plea-bargaining, as well of undercover recordings made by journalists in trials.
[…]
3.9.6 The Government instigated several high profile arrests of former government officials on corruption charges, though Georgian non-governmental organisations (NGOs) and others are concerned that the authorities are selectively targeting individuals for political reasons, and that the law is not being applied equally to all. Allegations of due process violations are common, and some of those detained for corruption allege torture and ill-treatment."
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15.06.2005 - Source: Freedom House
Although citizens are generally in favour of fight against corruption, many consider cooperation with law enforcement to be immoral act of "denunciation" ("Nations in Transit 2005") [#32929], [ID 6013]
"With regard to public attitudes about corruption, many experts note a paradox. While people express strong criticism of official corruption, many of them resort to corrupt practices as an easy solution to their own problems. The unwillingness of many citizens to serve as witnesses in courts to reveal irregularities or cooperate with law enforcement in other ways (for instance, using the above-mentioned hot lines in the ministries) also decreases the effectiveness of law enforcement. Many people consider cooperation with law enforcement to be an immoral act of “denunciation.” However, most anticorruption initiatives of the government are generally popular, and people are rather critical of the government for not being consistent enough in this area."
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25.05.2005 - Source: Amnesty International
Arrests and investigations in connection with government’s anti-corruption campaign in many cases characterized by procedural violations ("Annual Report 2005") [#32289], [ID 6014]
"Arrests and investigations as part of the government’s anti-corruption campaign were in many cases characterized by procedural violations."
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19.05.2005 - Source: International Helsinki Federation for Human Rights
As part of government's anti-corruption campaign high profile figures were frequently arrested; Georgian NGOs and others have complained that the authorities were selectively targeting individuals for political reasons ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004)") [#32106], [ID 6015]
"In its widely publicized fight against corruption, high profile figures were frequently arrested in a spectacular manner. However, Georgian NGOs and others have complained that the authorities were selectively targeting individuals for political reasons, and that the law was not applied equally to all.
Individuals suspected of corruption were often arrested without warrants even in cases where there was no indication that they had the intention to flee. In addition, in several cases, law enforcement officials used excessive force, and some arrests were filmed and widely broadcast on TV, a practice that amounted to degradation of the suspects and violated the principle of the presumption of innocence.
[...]
In another questionable step to fight corruption, a provision was introduced to the Criminal Procedure Code to allow the confiscation of property of persons who were suspected of tax evasion and smuggling but not yet sentenced. What is more, the provision allows for the confiscation of property of the suspect’s family members and relations as well."
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19.05.2005 - Source: International Helsinki Federation for Human Rights
Despite some positive developments in 2004 (e.g. peaceful reintegration of autonomous region of Adzharia), observers expressed concern that many of the measures aimed at reforms were not in line with European standards ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004)") [#32106], [ID 6016]
"While there were some positive developments in 2004, notably the peaceful reintegration of the autonomous region of Adjaria, observers expressed concern that many of the measures aimed at reforms were adopted in a rush, were ill-conceived and not in line with European standards and principles to which Georgia has committed itself."
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17.03.2005 - Source: EurasiaNet
Shida Kartli: president sacked over 20 top police officials suspected of involvement in smuggling operations; 3 law-enforcement officials were arrested in connection with corruption scandal ("Georgian defense minister distances himself from corruption scandal") [#30690], [ID 6017]
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16.03.2005 - Source: Transparency International
While a number of officials were detained in fight against corruption, transparency of the anti-corruption activities is questioned ("Global Corruption Report 2005") [#33006], [ID 6018]
"In early 2004, the government made conspicuous efforts to detain Shevardnadze-era officials, including Shevardnadze’s son-inlaw, Gia Jokhtaberidze who was detained on charges of tax evasion. During this period five high-ranking officials were detained on charges including tax evasion, embezzlement and misappropriation of state property. Besides Jokhtaberidze, these included the former head of Georgia’s railway department, a former energy minister, and a former minister of transport and communications. The detentions all made front-page news and bolstered the government’s image for being tough on corruption.
[...]
However, while international expectations rose that Georgia was starting to put its appalling corruption record behind it, a rather more muted discourse questioned the price at which this turnaround was being achieved. Some, for example, have questioned the transparency of anti-corruption activities. Many of the high-ranking officials arrested have subsequently paid money to be released and it remains unclear whether the charges have been dropped in response. Allegations
of improper treatment of prisoners, including torture, have also spread. Sulkhan Molashvili, the former chairman of the state audit agency, claimed that he was burned with cigarettes and subjected to electric shocks while in official custody on corruption charges. Human Rights Watch warned that high-level official statements praising harsh methods of fighting corruption may encourage human rights violations.
Disappointingly, parliament has scarcely debated these events and few civil society groups or public figures have spoken out on the need for the government to be more accountable for its actions. This muted response can be attributed to several factors, not least of which is Saakashvili’s overwhelming popularity, having received 97 per cent of the presidential vote."
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13.01.2005 - Source: Human Rights Watch
Government’s reform agenda is delivering mixed results on human rights. ("World report 2005") [#28220], [ID 6019]
"The government’s reform agenda is delivering mixed results on human rights. The environment for
religious freedom—a long standing concern—has improved. However, torture and ill-treatment in pretrial
detention remain widespread. Chechen refugees also remain vulnerable to state discrimination and
abuse by Georgian security forces.
[...]
In February, the new government rushed several constitutional changes through Parliament. One change
empowered the president to appoint and dismiss judges. This change—which contravenes international
human rights norms—increases the president’s influence over a judiciary which already lacked
independence. There have been incidents of police violence towards peaceful demonstrators, creating an
environment less conducive to freedom of assembly than under Shevadnadze. The media remains
relatively free, although media previously aligned to the opposition now support the government, as does
the state owned media, leaving very few outlets without a pro-government orientation. In a positive
move, the government appointed Sozar Subeliani, a human rights activist and former journalist, to the
Ombuds office on September 15. The post had been empty for twelve months.
The government is engaged in a highly publicized fight against corruption, with frequent arrests of high
profile figures. Georgian nongovernmental organizations (NGOs) and others are concerned that the
authorities are selectively targeting individuals for political reasons, and that the law is not being applied
equally to all. Allegations of due process violations are common, and some of those detained for
corruption allege torture and ill-treatment."
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10.05.2004 - Source: EurasiaNet
Critics voiced concern that Georgia’s aggressive anti-corruption campaign has undermined respect of human rights and rule of law ("Saakashvili’s First 100 Days: Bloom Still On Reforms, But Critics Voice Concern") [#22103], [ID 6020]
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