NGO "Article 42 of Constitution" names major problems of human rights in Georgia

This non-governmental organization (NGO) believes that the main problem in the sphere of human rights defence in Georgia relates to custody conditions in prisons. Its activists assert it in their report for 2010.

The report says that there were marked improvements in the penal system, in particular, refurbishment and re-equipping of facilities in prisons. However, at the same time, problems of prisoners' health care were highlighted.

The report mentions that the "Article 42" brought the cases of five inmates to the Strasbourg Court. Two of them, according to the European Court of Human Rights (ECtHR), had their freedom restriction regime changed, and they were released. The other three were provided with adequate medical care.

The second problem by importance as mentioned in the report is the problem of fair trial.

Today, 42 cases are pending at the ECtHR filed by the NGO "Article 42 of Constitution" against decisions of Georgian courts. The NGO has also filed 70 cases to the Strasbourg Court in defence of the rights of internally-displaced persons (refugees) from South Ossetia. These lawsuits have been filed against Russia's actions in 2008. Besides, the "Article 42" has started work to protect the rights of those refugees who were evicted in the period from July 2010 to January 2011.

Another achievement of the "Article 42" is its membership in the international organization Human Rights House, which held recruiting from Georgia is the summer of 2010.

Nevertheless, as noted by activists of the NGO, few improvements in the judicial system of Georgia may be referred directly to implementation of ECtHR decisions.

"The fact that we constantly refer to the European Convention of Human Rights (ECHR), is yielding results. Judges are already hesitating: whether to contradict or better to copy some ECtHR decision on a similar case. Of course, the fact that they take into consideration key decisions of the ECtHR is good practice; however, unjustified decisions still abound," says Tamar Gabisoniya, Chair of the NGO "Article 42 of Constitution".