Georgia: progress made in fighting human trafficking, but improved victim identification and strengthened criminal justice response required

Published in World
Tuesday, 16 March 2021 13:27

Strasbourg, 16.03.2021 – In its third report on Georgia’s implementation of the Convention on Action against Trafficking in Human Beings, the Council of Europe’s anti-human trafficking monitoring body, GRETA, focuses on trafficking victims’ access to justice and effective remedies. The report acknowledges progress in implementing the Convention but calls on the authorities to step up their efforts to investigate cases of human trafficking and bring the perpetrators to justice, making sure that victims receive compensation and support towards their rehabilitation.

Since the previous evaluation by GRETA, the Criminal Code of Georgia has been amended to ensure proper qualification of human trafficking offences. Further, the number of special mobile groups set up to carry out the preliminary identification of victims of trafficking was increased from three to four. The number of labour inspectors was also increased, and they received training on detecting cases of human trafficking and forced labour.

Victims of trafficking are entitled to free legal aid during criminal proceedings, which is provided by specifically trained lawyers. GRETA welcomes the existence of a specific legal provision on the non-punishment of victims of trafficking for offences they were compelled to commit, as well as the expansion of the victim and witness co-ordinator services.

However, GRETA considers that additional steps should be taken to ensure that victims and witnesses of human trafficking are provided with effective and appropriate protection from potential retaliation or intimidation. The authorities should further ensure that access to legal aid is guaranteed as soon as there are reasonable grounds for believing that a person is a victim of trafficking, before the persons concerned have to decide whether or not they want to co-operate with the authorities.

Only three victims of human trafficking have received compensation from perpetrators through civil proceedings, and there has been only one judgement in human trafficking cases resulting in the confiscation of assets, the report says. GRETA urges the authorities to take vigorous measures to facilitate and guarantee access to compensation for victims of trafficking, including by introducing a procedure through which victims are entitled to obtain a decision on compensation from the offender as part of the criminal trial, and making full use of the legislation on the freezing and forfeiture of offenders’ assets to secure compensation to victims of trafficking.

In the period 2015-2018, a total of 80 investigations were conducted into human trafficking cases, and there were 15 convictions. GRETA notes with concern that there have been no convictions for trafficking for the purpose of labour exploitation and urges the Georgian authorities to ensure that human trafficking cases are not re-qualified as other offences which carry lighter penalties.

GRETA is concerned by the decrease in the number of victims identified and the high threshold required to grant the status of victim of human trafficking. GRETA urges the authorities to take further steps to proactively identify victims of trafficking, including amongst foreign workers, asylum seekers and persons placed in immigration detention centres.

The Georgian authorities should also strengthen their efforts in the areas of prevention of child trafficking, paying increased attention to the link between trafficking in children and the use of information and communications technology.

Georgia is primarily a country of origin and, to a lesser extent, a country of destination and transit of victims of trafficking in human beings, according to the report. The total number of victims identified in the period 2015-2019 was 66. Until 2018, the majority of the identified victims were women trafficked for the purpose of sexual exploitation, but in 2019 all identified victims were Georgian children, trafficked for the purpose of production of child sexual abuse images (23 girls aged from 8 to 18 years) or exploitation of begging (two boys and four girls).

***

The Group of Experts on Action against Trafficking in Human Beings (GRETA) is an independent body which monitors the way countries implement the Council of Europe Convention on Action against Trafficking in Human Beings. So far, forty-six of the 47 member states of the Council of Europe are bound by the Convention, as well as Belarus, a non-member state.

GRETA and Georgia

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