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Living in limbo : the rights of ethnic Georgian returnees to the Gali District of Abkhazia

"Almost 18 years after a cease-fire ended the Georgian-Abkhaz war, the conflict over the breakaway region of Abkhazia remains as far from a political resolution as ever, leaving in limbo the lives of more than 200,000 people, mostly ethnic Georgians displaced by the conflict. The only area where Abkhazia's de facto authorities have allowed returns of displaced persons is the Gali district, where ethnic Georgians constituted 96 percent of the pre-conflict population. About 47,000 displaced people have returned to their homes in Gali district. But, as this Human Rights Watch report documents, the Abkhaz authorities have erected barriers to their enjoyment of a range of civil and political rights, driving some to leave for uncontested areas of Georgia. Those barriers have also presented serious obstacles for large scale, sustainable returns of displaced persons to their homes in Abkhazia. The authorities in Abkhazia require all residents to obtain Abkhaz passports as a prerequisite for the exercise of certain rights. However, for ethnic Georgian returnees, the process of obtaining a passport is often discriminatory and overly burdensome. Further, for those without passports, the procedure to obtain a permit to cross the administrative boundary to uncontested areas of Georgia is onerous. These arbitrary restrictions lead many to cross unofficially, thereby risking detention, fines, and imprisonment. Additionally, the Abkhaz authorities' education policies have increasingly limited access to quality education for ethnic Georgian youth. Although Abkhazia is not recognized as an independent state under international law, the authorities there nevertheless have obligations under international law to respect and protect human rights. This report calls on the authorities in Abkhazia to ensure freedom of movement across the administrative boundary, and non-discrimination, in particular with regard to the issuance of identity documents and the right to education, and other rights in Abkhazia"--P. 1.

Administrative error : Georgia's flawed system for administrative detention

"Georgian authorities have used the Code of Administrative Offenses in recent years to lock up protestors and activists at times of political tension. The code allows for a person to be imprisoned for up to 90 days for certain administrative offenses, or misdemeanors. However, as this report describes, the code lacks due process and fair trial protections required for punishment of this severity. It does not explicitly require that police promptly inform defendants of their rights or give reasons for their detention. Detainees are often not allowed to contact their families, and if retained, lawyers often have difficulties in finding detainees in custody. Nor do detainees enjoy fair trial rights in court. Trials are often perfunctory, rarely last more than 15 minutes, and judicial decisions often rely exclusively on police testimonies. If lawyers are present, they lack time to prepare an effective defense. Lawyers and their clients also face obstacles exercising the right to appeal. Those handed terms of administrative imprisonment serve sentences in temporary detention isolators not intended for long-term occupancy, where conditions often fall short of international standards. As a party to both the International Covenant on Civil and Political Rights and the European Convention on Human Rights, Georgia should ensure full due process protections for administrative defendants, particularly with regard to the right to notify a third party about detention, the right to lawyer of one's choosing, and the right to a fair trial."--P. [4] of cover.

Online www.hrw.org

Beaten, blacklisted, and behind bars : the vanishing space for freedom of expression in Azerbaijan

"The government of Azerbaijan is engaged in concerted efforts to limit the space for freedom of expression in the country. Senior government officials frequently pursue criminal defamation and other cases against journalists and human rights defenders criticizing the government. Dozens of journalists have been prosecuted and imprisoned or fined. Police and sometimes unidentified assailants are able to physically attack journalists and human rights defenders with impunity, deliberately interfering with their efforts to investigate human rights abuses and other issues of public interest or in retaliation for their work. Recent legislative amendments restrict journalists' ability to use video, photo or sound recording without the explicit consent of an individual even at public events. The government also banned all broadcasting of foreign radio stations on FM frequencies beginning in 2009. State antagonism toward independent and opposition media has been a serious problem in Azerbaijan for a number of years. Many journalists and editors regularly resort to self-censorship to avoid criminal prosecutions or other repercussions for critical reporting. Dozens of journalists have fled Azerbaijan in recent years fearing for their safety. These trends are particularly alarming given the upcoming November 7, 2010 parliamentary elections in Azerbaijan, as vibrant public discourse is crucial for a free and fair vote. The government of Azerbaijan should take immediate steps to abolish criminal penalties for defamation. They should conduct prompt, thorough, and impartial investigations to end impunity for violence against journalists and human rights defenders. Azerbaijan's international partners should use every opportunity to urge the Azerbaijani authorities to ensure respect for freedom of expression and to release imprisoned journalists."--P. [2] of cover.

Online www.hrw.org