The U.S. State Department’s 2009 Human Rights Report expresses concern over cases of human rights violations and the state of media freedom in Georgia, while it also notes positive steps taken by the government towards continued democratic development in the country.

The report was published on March 11 and is based on records provided by international organizations, local NGOs, the Public Defender's Office, and the U.S. embassy and consulate service in Georgia. The document highlights two main points of concern regarding the development of the human rights situation during 2009. First, a “limited accountability” of government officials is reflected in the excessive use of force by law enforcement officers, including kidnappings and assaults, suspicious imprisonment, dispersal of demonstrations, violations of property rights and pressure on the judiciary bodies. The report terms such human rights abuses as “politically motivated”, especially in light of the prolonged investigations of crimes committed against opposition leaders. Further, the report points to the practice of conducting search, undercover or monitoring operations without court approval, which is in violation of legal norms. According to the report, the existence of high-level corruption demonstrates the privileged position of officials before law. While low-level corruption has largely been eliminated through the implementation of effective provisions, high-level corruption has largely been counteracted through ad hoc approaches, and has resulted in “prosecution as opposed to prevention”.

The report’s second concern relates to a lower level of media freedom compared to the records of 2008. Not only government officials but also opposition leaders exercised influence over particularly broadcast media last year. “The marked decline” of free media environment can be noted from June 2008, and was signified by a reduced number of analytical talk shows, the suspension of news programs at Mze (a pro-govermental national channel) and the replacement of Imedi’s director by former government spokesperson Giorgi Arveladze. In addition, the three most popular TV channels – Rustavi 2, Imedi and the Public Broadcaster, have sought to avoid “factual and informative debates between members of the administration, the ruling United National Movement party and opposition politicians” since that time. Though the pro-opposition TV channels Kavkasia and Maestro provided such programs during the period, they failed to produce objective editorial positions and were limited in their geographic coverage.

These two concerns are amplified in the conflict zones, which remain outside government control. “Deprivation of life, abduction, and arbitrary arrest and detention” is common practice by Abkhazian and South Ossetian authorities, as well as Russian military forces in these regions, especially against ethnic Georgians.

Despite the problems observed in the development of the human rights situation, the report finds the introduction of a new Criminal Procedure Code (CPC) and amendments to the Electoral Code (EC) as positive steps towards democratic development in the country. The new CPC, which will come into force in October 2010, is intended to improve the protection of legal rights for the arrested during pretrial detention and court proceedings by introducing provisions to speed up the trial process, as well as more progressive terms for bail and legal advice. It also establishes equal rights for the prosecution and defense in collecting and presenting evidence.

The report also notes that in response to the political protests in spring 2009, the government changed the composition of the Central Election Commission (CEC) by splitting seats equally between the opposition and the ruling party. In addition, the amended EC, passed in December 2009, establishes direct elections for Tbilisi mayor.

Nevertheless, the 2009 Georgia Human Rights report generally mirrors the fragility of the country’s external and internal policy. For example, the increased level of external threats likely catalyzes “politically motivated” human rights abuses. The fact that thousands of Russian troops are deployed 30 kilometers from Tbilisi naturally provokes feelings of insecurity, which compel the government to bolster a loyal group of politicians that will not easily be co-opted by external forces as long as high-level corruption is tolerated. Control of the broadcast media is potentially another tool for preventing unrest within the country that could erupt due to acute social problems (the minimum wage for public employees is US$ 68 per month and for private sector workers around US$ 12; salaries that do not guarantee the standard of living for workers, the report says). The state’s weak financial capacity also impedes the improvement of conditions in prisons and pretrial detention facilities, the protection of peoples with disabilities (the number of registered disabled is 139,354 in the country), as well as the broader inclusion of ethnic minorities’ in political life.

The combination of external pressure and a dire economic situation currently seems to imply the formation a type of “defensive policy”, prioritizing political stability. While this policy has its clear rationale, it currently tends to be conducted at the detriment of human rights.