UUI, Alm.del - 2020-21 - Bilag 53: Orientering om ny rapport om etniske kister i Georgien, fra udlændinge- og integrationsministeren

Udlændinge- og Integrationsudvalget 2020-21
UUI Alm.del Bilag 53
Offentligt

COUNTRY REPORT

COUNTRY OF ORIGIN INFORMATION (COI)

DECEMBER 2020

Georgia

Complaint Mechanisms for the

Kist Community

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The Danish Immigration Service

Farimagsvej 51A

4700 Næstved

Denmark

Phone: +45 35 36 66 00

newtodenmark.dk

December 2020

The publication can be downloaded for free at newtodenmark.dk

The Danish Immigration Service’s publications can be quoted with clear source

reference.

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Content

Disclaimer .............................................................................................................................................. 3

Abbreviations ........................................................................................................................................ 4

Executive summary ................................................................................................................................ 5

Introduction and methodology ............................................................................................................... 6

Background information about the Kist community ......................................................................... 8

Complaint mechanisms in private conflicts ...................................................................................... 9

2.1. Georgian legislation ................................................................................................................................ 9

2.2. Access to the police ................................................................................................................................ 9

2.3. Police response to complaints .............................................................................................................. 10

2.4. Types of cases filed with the police ...................................................................................................... 11

2.4.1. Criminal groups .............................................................................................................................. 11

2.4.2. Blood feuds and honour related cases .......................................................................................... 12

2.5. Cultural obstacles for filing a case with the police ............................................................................... 13

Complaint mechanisms and access to protection in private conflicts for women ............................. 15

3.1. Types of cases filed with the police ...................................................................................................... 15

3.2. Cultural obstacles for filing a case with the police ............................................................................... 16

3.3. Special training of the police with focus on gender ............................................................................. 17

3.4. Shelters and crisis centres: location and capacity ................................................................................ 18

Public defender ............................................................................................................................. 20

Level of corruption ........................................................................................................................ 21

Alternative conflict resolution ....................................................................................................... 22

6.1. The Council of Elders ............................................................................................................................ 22

6.1.1. Adat and areas of regulation ......................................................................................................... 22

6.1.2. Cooperation with authorities......................................................................................................... 24

. . Wo e ’s Cou il

.................................................................................................................................. 24

6.2.1. Areas of regulation......................................................................................................................... 25

Bibliography ........................................................................................................................................ 26

Appendix A: Meeting notes .................................................................................................................. 28

Ombudsman/the Office of the Public Defender of Georgia ........................................................................ 28

State Minister of Georgia for Reconciliation and Civic Equality .................................................................. 33

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The Council of Elders in Pankisi Gorge ........................................................................................................ 37

Kakheti Police Department in Telavi............................................................................................................ 40

A Diplomatic Source .................................................................................................................................... 44

A Western Embassy ..................................................................................................................................... 47

Georgian Young Lawyers Association .......................................................................................................... 50

Transparency International ......................................................................................................................... 53

The Roddy Scott Foundation ....................................................................................................................... 56

The Human Rights Education and Monitoring Center ................................................................................. 59

A Non-Governmental Organisation ............................................................................................................. 64

A Local Kist Non-Governmental Organisation ............................................................................................. 68

Appendix B: Sources consulted ............................................................................................................. 71

Appendix C: Terms of reference ............................................................................................................ 72

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Disclaimer

This report was

itte i a o da e ith the Eu opea As lu

Information (COI) report methodology.

Suppo t Offi e’s EASO Cou t

of O igi

This report is not a detailed or comprehensive survey of all aspects of the issues covered in the terms of

reference (ToR) and should be considered alongside other available country of origin information on the

situation of the Kist community in Georgia.

The report does not include any policy recommendations or analysis. The information in the report does

not necessarily reflect the opinion of the Danish Immigration Service (DIS) or the Danish Refugee Council

(DRC).

Furthermore, this report is not conclusive as to the determination or merit of any particular claim for

protection. Terminology used should not be regarded as indicative of a particular legal position.

EASO,

EASO Country of Origin Information Report Methodology,

June 2019,

url

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Abbreviations

COI

DIS

DRC

EMC

GYLA

NGO

PDO

SMRCE

ToR

Country of origin information

Danish Immigration Service

Danish Refugee Council

The Human Rights Education and Monitoring Center

Georgian Young Lawyers Association

Non-governmental organisation

Pu li Defe de ’s Offi e

State Minister of Georgia for Reconciliation and Civic Equality

Transparency International

Terms of Reference

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Executive summary

The present report provides an update of the DIS/DRC report published in 2018

regarding the situation for

the Kist community living in Pankisi Gorge, Georgia. The present report focuses on complaint mechanisms

in private conflicts for Kists in general and the access to protection in private conflicts for Kist women in

particular. Furthermore, the report includes sections about the

Pu li Defe de ’s Offi e PDO ,

the level of

corruption and alternative conflict resolution in Pankisi Gorge.

According to Georgian legislation, Kist men and women have the same rights as any other Georgian citizen

to file a case with the police. The police are obliged to investigate when someone files a complaint. Most of

the interviewed sources had not heard of or had no information about cases from Pankisi Gorge that had

been rejected by the police. Criminal groups were widespread in Pankisi Gorge in the early 1990s but are

not visible anymore. There have been examples of blood feuds and honour related cases in Pankisi Gorge.

However, such cases do not happen often.

The interviewed sources stated that the Kist community would rarely address the Georgian authorities in

private conflicts. The reason for this was that the Kist community would usually follow local traditions and

customs and negotiate private conflicts through the Council of Elders or within the families.

Kist women had approached the police in a few cases of private conflicts such as domestic violence, child

custody and property rights. Women would in general be reluctant to seek the protection of the authorities

due to local traditions and restrictions within the customary law. For example, women who are victims of

domestic violence are reluctant to go to the police with the case and prefer to remain silent about it.

There were shelters and/or crisis centres located in Kakheti Region. Here, the women are offered legal and

medical assistance as well as psychological support. In cases of overcrowding, women had been relocated

to shelters in other regions of the country. Women could experience pressure from family members to

return home from a shelter.

The PDO operates a hotline, which is in effect and is used. However, the citizens living in Pankisi Gorge

tended not to use it. In general, the level of corruption is low in petty crime cases and lower level criminal

cases, but high-level corruption remains a problem throughout the country.

The Council of Elders takes up several types of cases such as land disputes, property rights, domestic

violence, divorce, child custody, blood feuds and honour related cases. The Council has approximately 40

cases annually and approximately 90 % of the cases involving domestic violence are solved here. The

Council has been registered as an NGO in 2004, which has enabled it to contact and cooperate with

government structures.

A Wo e ’s Cou il as esta lished i

i Pa kisi Go ge, hi h offe s

advice

a out o e ’s a ess to

legal

a d so ial aid. The Wo e ’s Cou il a

, for example, take up cases regarding divorce, child custody,

p ope t ights, la d disputes, fa il disputes, he itage o do esti iole e. The Wo e ’s Cou il a

assist women in preparing a case and submit it to the Council of Elders on their behalf.

DIS and DRC,

Georgia: the Situation of the Kist community and the Chechens,

7 November 2018,

url

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Introduction and methodology

The present report is the product of a cooperation between the COI Division of the Danish Immigration

Service (DIS) and the Danish Refugee Council (DRC) regarding a mission to Georgia from 19 to 26

September 2020. The purpose of the mission was to collect updated information on the situation of the Kist

community in Georgia. In addition to a visit to the capital, Tbilisi, a short visit to Duisi, Akhmeta and Telavi

was made. Due to COVID-19 related reasons, the delegation member from DRC was prevented from

travelling to Georgia.

The terms of reference (ToR) for the mission were drawn up jointly by DIS and DRC in consultation with the

Danish Refugee Appeals Board Secretariat as well as a Danish advisory group on COI.

ToR is included in

Appendix C of this report.

Due to the COVID-19 pandemic, the delegation was requested to apply for a special entry permit in order to

avoid quarantine for a period of eight days upon arrival to Georgia. The consular section of the Embassy of

Georgia in Copenhagen provided valuable assistance to the delegation with entry permits to Georgia

without any delay. As mentioned above, the delegation member from the DRC was prevented from

travelling to Georgia, but was able to participate in four meetings via Skype and listened to the recordings

of the remaining interviews. The recordings of the interviews were afterwards deleted according to

agreements with the interviewees. In addition to this, DRC has participated in the process of planning the

mission and compiling the report on equal terms with DIS.

In the process of compiling this report, the delegation interviewed 12 sources comprising representatives

from Western embassies, non-governmental organisations (NGOs), national authorities and an

international organisation. The sources interviewed were selected by the delegation based on their

expertise, merit and experience relevant to the mission. In addition to the information gathered from the

interviews, the report is also based on available reports as well as articles of relevance for ToR.

The sources consulted are listed in Appendix B. The interviews were conducted in English.

Prior to the interviews, all interlocutors were thoroughly informed about the purpose of the mission and

the fact that their statements would be included in a report made publicly available. The interlocutors were

asked how they wished to be introduced and quoted, and all sources are introduced and quoted according

to their own wishes. Four sources preferred anonymity.

All notes were forwarded to the interlocutors for their approval and amendment, allowing them the

opportunity to offer corrections or make comments on their statements. All sources but the local Kist NGO

responded and approved their statements. However, the local Kist NGO was informed that in case the

delegation did not receive a response to its request for approval within a specific deadline, the delegation

would consider the meeting note approved. The meeting note is thus included in the report.

The report is a synthesis of the sources' statements. Care has been taken to present the views of the

interlocutors as accurately and transparently as possible, and reference is made by number to the specific

The group consists of the Danish Refugee Council, Amnesty International in Denmark, the Danish Institute for Human

Rights, Dignity, representatives of Danish European Mission and Open Doors, the National Commissioner of Police and

the Danish Bar and Law Society (representing asylum lawyers).

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pa ag aphs i the eeti g otes i foot otes i the epo t. All sou es’ state e ts a e fou d i thei full

extent in Appendix A.

The report was finalised in November 2020 and is available on the websites of DIS:

www.nyidanmark.dk

and of DRC:

www.drc.ngo.

The report is thus available to all stakeholders in the refugee status

determination process as well as to the general public.

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1. Background information about the Kist community

The Kists are descendants of Chechen and Ingush people who settled in Pankisi Gorge at the Upper Alazani

River in the north-eastern corner of Georgia in the 1830s and 1870s. The native language of the Kists is

Chechen (Kist dialect). The Kists' surnames typically have the traditional Georgian ending, "-shvili", such as

Kavtarashvili, Margoshvili, etc. Most of the Kists are Sunni Muslims, but there are also some Christians

among the Kists.

Kists in Georgia primarily reside in Pankisi Gorge, which is situated in Akhmeta municipality of Kakheti

region. According to the 2014 Census, there are 5,697 persons living in Georgia who are ethnic Kists. Kists

are considered an ethnic minority; they represent 0.15 % of the total population of Georgia. According to

the State Minister of Georgia for Reconciliation and Civic Equality (SMRCE), Kists are very well integrated in

Georgia. While there is lack of knowledge of Georgian language among ethnic minority groups in general,

the Kists have a good command of it. Furthermore, the Kists have a high level of education and they are

involved in social-economic life in Georgia.

Most villages in Pankisi Gorge are populated with Kists. A few of the villages have a mixed ethnic

composition (Georgians, Kists, and Ossetians). Kists are citizens of Georgia and have full and equal access to

all state programmes and services. Furthermore, they are supported through additional measures, for

example, study of their native language, popularisation of their culture and awareness raising campaigns on

acute issues.

Caucasian Knot,

Кисти�½цы

[the

Kists],

23 July 2010,

url

SMRCE: 1

SMRCE: 2

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2. Complaint mechanisms in private conflicts

2.1. Georgian legislation

Almost all the interviewed interlocutors stated that, according to Georgian legislation, Kist men and women

enjoy the same rights as any other Georgian citizen to file a case with the police.

Law enforcement bodies

and Georgian legislation fully function in Pankisi Gorge as in other regions of Georgia.

Furthermore, local

Kists have access to the court system in Kakheti region.

According to Transparency International, there is a clear and easy procedure defined by law for filing a case

with the police.

According to the law, it is mandatory for the police to take a case when someone is filing

it.

However, it was the experience of a local Kist NGO that if a Kist decides to approach the police in a

private conflict, there could be a long processing time.

2.2. Access to the police

The police can be reached via a hotline 24 hours a day by dialling 112, and there is a police station in Pankisi

Gorge, where people can file a complaint in person.

According to the Kakheti Police Department, the

police unit covering Pankisi Gorge is one of the more calm units in the Kakheti region.

The police described that they did not have a different approach towards the Kist community. They

approach the Kists the same way as they would approach any other Georgian national.

The

O uds a /Pu li Defe de ’s Offi e PDO

described that in practice, the access to government

services such as the police could be problematic for Pankisi citizens, for minorities and for persons with

disabilities or other vulnerabilities due to socio-economic barriers. The source elaborated that it could be

difficult for people to go to the regional centres to get the necessary support due to the cost of

transportation, etc.

Another source mentioned that in practice, the access to government services could be limited due to

capacity issues and the isolation of the Kist community.

Furthermore, the local Kist community is not

aware of their rights to access government services and do not know how to approach the police.

An NGO: 1, 16; EMC: 1; A local Kist NGO: 1; A Western Embassy: 1, 7; TI: 1; Roddy Scott: 10; Ombudsman: 16;

SMRCE: 10, 18; GYLA: 10; A Diplomatic Source: 18-20

SMRCE: 10, 14

Ombudsman: 32; EMC: 1

TI: 4

Ombudsman: 8; A Western Embassy: 2; A Diplomatic Source: 6

A local Kist NGO: 8

Ombudsman: 16; A local Kist NGO: 2

Kakheti Police: 3

Kakheti Police: 1

Ombudsman: 28-29

A Western Embassy: 7

A local Kist NGO: 1

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A Western Embassy stated that there historically have been issues in filing a case with the police in Georgia.

However, the professionalism of the police has improved over the past years through training and legal

reforms. These challenges are nationwide and not specific to Pankisi Gorge.

In cases where the police act ineffectively, the PDO will inform

the Mi ist

Rights Department, who will then oversee the investigation.

Please also see

2.5 Cultural obstacles for filing a case with the police.

of I te al Affai s’ Hu a

2.3. Police response to complaints

A number of sources had not heard of or had no information about cases from Pankisi Gorge that were

rejected by the Georgian police.

According to three sources, the police would always try to solve the Kists’

problems when approached.

If a Kist goes to the police with a private conflict such as family abuse, it

would be properly investigated by the police.

Likewise, the police would immediately intervene and apply

appropriate preventive and judicial measures if a criminal case occurs.

One source noted that the media

would scrutinise how a case is handled if it is brought forward to the police.

According to an NGO, the police are loyal to the Kist community; they support the community and try to

avoid conflicts with the Kists.

The Kakheti Police Department stated that they would go to the place from

where they received a call, and if other competencies were needed, they would call the relevant

authorities.

However, two sources indicated that the police could be more proactive in Pankisi Gorge, for

example, by providing information about their services.

Furthermore, three sources described that the Georgian authorities see the Kist community through the

lens of national security.

Consequently, GYLA advised that the police had harsh responses to problems

within the Kist community.

EMC added that according to the local Kists, the police forces did not carry out

their duties as they should.

EMC further stated that some members of the community would not

approach the authorities, because they had a feeling of being monitored by the State Security Service, who

perceived them as a potential threat.

The police noted that the local Kist community put more trust in the police now than they did two or three

years ago.

However, according to three sources, the locals in Pankisi Gorge did not trust the police.

A Western Embassy: 2

Ombudsman: 5-6

Ombudsman: 8; SMRCE: 15; EMC: 14; An NGO: 4, 9; TI: 4; Kakheti Police: 11; Roddy Scott: 7; GYLA 1

An NGO: 4; TI: 4; Roddy Scott: 7

EMC: 13

SMRCE: 14

A Diplomatic Source: 6

An NGO: 4

Kakheti Police: 11

A local Kist NGO: 2; Ombudsman: 16

GYLA: 5; EMC: 10; A Western Embassy: 8

GYLA: 5

EMC: 10

EMC: 3

Kakheti Police: 5

A local Kist NGO: 6; GYLA: 10; Ombudsman: 29

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Several sources mentioned an incident concerning a hydropower plant.

In April 2019, protests against the

construction of a hydropower plant in Pankisi Gorge led to clashes between local Kists and the police. The

protesters threw stones at the police, who used tear gas and rubber bullets to disperse them. According to

the Ministry of Internal Affairs, 55 persons including 38 police officers and 17 local Kists were injured.

Two sources stated that due to the actions from the Georgian authorities during the incident regarding the

hydropower plant, the Kist community had since believed that the government had tried to encourage

particular groups within the Kist community to make tension and social unrest in Pankisi Gorge.

2.4. Types of cases filed with the police

According to the police, they do not receive a significant amount of cases from the Kist community as the

Kists are very law-abiding. However, the police stated that there had been some minor cases such as theft,

local conflicts and fire-related cases. The police also mentioned cases regarding private conflicts such as

domestic violence. However, these cases were not significant and the Kist community in Pankisi Gorge

would seldom report on these types of cases in general.

For more information on cases involving

domestic violence, please see

3.1 Types of cases filed with the police.

Three sources stated that the police would usually not be involved in private conflicts, as the Kist

community prefers to resolve its problems within the community or family.

However, in criminal cases the

police would be involved.

For more details on cultural obstacles, please see

2.5 Cultural obstacles for filing

a case with the police.

The Roddy Scott Foundation advised that if needed, Kists would file a case with the police. The source

added that it was possible to file a cases of all types, e.g. if there was any form of crime, conflict, theft or

domestic violence.

2.4.1. Criminal groups

Three sources noted that criminal activities involving criminal groups in Pankisi Gorge were thriving in the

years just after the collapse of the Soviet Union in the early 1990s.

These criminal groups worked in the

field of kidnapping and smuggling of drugs.

One source stated that such criminal groups were not visible in Pankisi Gorge anymore and was now a very

rare phenomenon.

However, another source advised that the government was actively cooperating with

criminal groups shortly after the Rose Revolution,

where these groups were working as non-formal

Ombudsman: 11; Council of Elders: 17; GYLA: 6-7; EMC: 2, 5, 7, 12; An NGO: 17; A local Kist NGO: 2-5

USDOS,

2019 Country Reports on Human Rights Practices: Georgia,

11 March 2020,

url

EMC: 7; A local Kist NGO: 3

Kakheti Police: 2, 4

TI: 2; Roddy Scott: 10; A Western Embassy: 3

TI: 2; An NGO: 3

Roddy Scott: 1

EMC: 7; An NGO: 3; A local Kist NGO: 3

An NGO: 3

EMC: 7

The Rose Revolution was a change of power in Georgia in November 2003, which took place after widespread

protests over disputed parliamentary elections. BBC News,

How the Rose revolution happened,

10 May 2005,

url

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authorities in the area. In the period after the Rose Revolution, there were no incidences of violence

against the local people in the community.

Both sources advised that after the conflict regarding the construction of a hydropower plant, locals have

feared that certain groups carry guns and believed the groups were created by the Georgian authorities,

hence acting with impunity.

According to a local Kist NGO, the main objective of the groups has been to

gain local support to build the hydropower plant through fear.

The police stated that the Kist community had a reputation of being composed of many armed groups.

However, the police opined that these accusations were false.

2.4.2. Blood feuds and honour related cases

According to a number of sources, there have been examples of blood feuds and honour related cases in

Pankisi Gorge.

However, Transparency International opined that such cases did not happen often.

Another source advised that blood feuds in Pankisi Gorge had not taken place for more than 10 years.

Three sources referred to the case of Mutoshvili from 2019 as an example of a blood feud in Pankisi

Gorge.

The case involved the two large teips (which is a family name/clan), Mutoshvili and Kavtarashvili,

who had a conflict in 2019. A man from the Mutoshvili family died during this conflict.

According to the

police, the conflict between the two groups happened on the highway 2-3 kilometres from the local police

station. The police received around 15-20 calls about the episode and 90 % of them were from Kists. The

police were at the scene of the crime within two or three minutes. According to the police, all contact

between the two groups has subsequently ended.

The police did not believe that there was a general problem with blood feuds in Pankisi Gorge, and did also

not perceive this particular case to qualify as a blood feud.

On the other hand, a local Kist NGO mentioned that the person from the Mutoshvili family was killed in

front of two police cars. The source believed that the murder was committed by a group of local people,

who was created by the authorities and the local police, in order to create tension and conflict within the

community. To corroborate this statement, the source added that out of 13 members from the group

responsible for the killing, only two of them were convicted after the murder. They have received prison

sentences of 9 and 11 years.

A local Kist NGO: 3

A local Kist NGO: 3; EMC: 7

A local Kist NGO: 3

Kakheti Police: 10

SMRCE: 12; Roddy Scott: 4; An NGO: 2; TI: 5

TI: 5

SMRCE: 12

Kakheti Police: 7-9; Roddy Scott: 5; An NGO: 2

An NGO: 2; Kakheti Police: 7; A Diplomatic Source: 4; Civil GE,

Man Dies after Locals Clash in Pankisi,

27 November

2019,

url

Kakheti Police: 7-8

Kakheti Police: 7

A local Kist NGO: 2

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Furthermore, a

lo al Kist NGO e tio ed that i August

, the late Mutosh ili’s othe t ied to seek

revenge by opening fire towards the house of the killer of his brother. The source expected that the court

might issue a sentence of 16-

ea s of i p iso e t fo atte pted u de to Mutosh ili’s othe fo

this. If so, that would be an example of using the law selectively because the killer of Mutoshvili, who was

supported by the police, was only imprisoned for 11 years. The local Kist NGO believed that the reason for

this se e e pu ish e t as the late Mutosh ili’s othe ’s oppositio to the o st u tio of a h d opo e

plant.

The Roddy Scott Foundation mentioned another case from 2016-2017, where a child was working with a

car

at his eigh ou ’s pla e

when something suddenly exploded. He was subsequently taken to a hospital,

he e he died. The hild’s fa il asked the eigh ou to lea e the ou t , a d the e t to Ge a .

According to the source, the family cannot return to Pankisi, because they would be killed upon return. The

source stated that this is how Kist tradition works. The police did not arrest anyone, because the child died

due to an explosion which was believed to be an accident.

2.5. Cultural obstacles for filing a case with the police

According to a Diplomatic Source, the issue of complaint mechanisms and access to filing a case with the

police in Pankisi Gorge is a politically sensitive issue that cannot be answered easily. In general, the local

Kist community in Pankisi Gorge does not like to speak freely of these issues.

A number of sources stated that the Kist community would in general not involve the Georgian authorities

in private conflicts.

The reason for this was that the Kist community would usually negotiate private

conflicts through the Council of Elders due to local traditions and customs.

Some sources noted that the Kist community did not trust the police to solve their conflicts.

This was due

to the fact that the Kists had a feeling of being monitored by the authorities, who perceives them as a

potential security threat

which was why the Kists believed that they would not get a proper treatment by

the authorities.

Two sources referred to the case of Temirlan Machalikashvili,

which had let to criticism and mistrust from

the Kist community towards the Georgian authorities.

A o di g to o e sou e, the P ose uto ’s Office

had terminated the investigation of this case. However, EMC is litigating the case before the European

Court of Human Rights on behalf of the Machalikashvili family.

A local Kist NGO: 5

Roddy Scott: 6

A Diplomatic Source: 1

An NGO: 16; EMC: 3-4; A local Kist NGO: 2-8; Ombudsman: 14; GYLA: 1; Roddy Scott: 10; A Western Embassy: 3; A

Diplomatic Source: 2, 6

An NGO: 16; Ombudsman: 2, 14-15; EMC: 4, 26; Roddy Scott: 10-11; A Western Embassy: 3; A Diplomatic Source: 2,

A local Kist NGO: 2, 6; Ombudsman: 29; GYLA: 10

EMC: 2-3; GYLA: 1, 10

GYLA: 10

For further information about this case, please see DIS and DRC,

Georgia: the situation of the Kist community and

the Chechens,

7 November 2018,

url

A Diplomatic Source: 7; EMC: 5

EMC: 5

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Two sources indicated that the local Kist customary law forbids the members of the community to seek

legal remedy.

Therefore, if someone initiates a case with the police in private conflicts instead of using

local alternative complaint mechanisms, the community would see it as an act of betrayal.

One source

mentioned that it was perceived as shameful within the community to involve the police in cases

concerning local or small conflicts.

According to two sources, some Kist community members believed that the police sometimes do not

respond or act properly even though they witness or become aware of an offense. These community

members pointed out that activists were attacked after the hydropower plant incident and during the

murder of Mutoshvili.

The local Kist NGO also mentioned a case, where a group of Salafists had burned

down a Christmas tree, because they were against the public holiday. The police were involved in the case,

but concluded that no crime was committed as the tree burned down due to an electrical problem.

GYLA: 1; An NGO: 13

A Diplomatic Source: 5

A local Kist NGO: 8

EMC: 2; A local Kist NGO: 2, 4

A local Kist NGO: 6

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3. Complaint mechanisms and access to protection in

private conflicts for women

A number of sources stated that, according to Georgian legislation, women have the same access as men to

seek the protection of the authorities in a private conflict.

The Public

Defe de ’s Offi e

PDO) noted that there is not equal access to file a case for women compared

to men due to stereotyping and issues regarding gender equality. Furthermore, there are still problems

with ineffectiveness of the police. The source mentioned that this was an issue of concern in Georgia as a

whole.

According to Transparency International, the police are generally handling cases involving women in private

conflicts properly, however, at the same time, the source mentioned that there might be some cases

involving women, where the cases were handled in a less proper manner.

For more general information about access to the Georgian authorities for the Kist community, please see

2. Complaint mechanisms in private conflicts.

3.1. Types of cases filed with the police

According to several sources, there had been a few cases, where Kist women had approached the police in

cases of private conflicts such as domestic violence, child custody and property rights.

The Kakheti Police Department advised that in 2017-2018, there were nearly no cases of domestic violence

brought forward to the police from the Kist community. However, according to the police, the situation has

changed as the police have observed an increase in cases, where Kist women and neighbours are

approaching the police to file a case of domestic violence. This is due to a national awareness campaign and

a new approach to this problem from the Ministry of Internal Affairs, which has created more trust in the

police from the local Kist community than before.

During 2019 and 2020, the Kakheti Police Department recalled two cases regarding domestic violence from

Pankisi Gorge, where women had filed a case. However, in the case from 2020, the woman was not in

Georgia when she contacted the police since she had left for Turkey. Hence, the police could not

interrogate her. In the other case from 2019, the police had launched an investigation and charged the

husband with domestic violence.

An NGO knew of two cases, where women had gone to the state court in order to obtain child custody, and

added that the Georgian authorities would help the women in these cases.

The same source knew of a

case of domestic violence that took place in 2017, where a neighbour to the victim called the police. In this

SMRCE: 17; A Diplomatic Source: 20; A Western Embassy: 9; GYLA: 11; TI: 6; Roddy Scott: 10

Ombudsman: 2, 5, 6, 13

TI: 7

Kakheti Police: 5-6, 12; An NGO: 5-6, 22; Ombudsman: 9; A local Kist NGO: 11

Kakheti Police: 5-6

Kakheti Police: 12

An NGO: 22

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case, the police issued a restraining order to the husband, who subsequently moved to Chechnya. The

source added that the Council of Elders had supported the woman.

The NGO mentioned another case that took place in 2017 regarding property rights. A woman contacted

the police in order to get her part of the estate after she divorced her husband. The woman was able to

obtain a legal claim to a part of the estate through a Georgian court ruling. However, afterwards the

Council of Elders ruled against the decision from the court, deciding that she could not own any real estate,

because she was a woman. The source emphasised that the woman was allowed by the Council of Elders to

li e ith he so at he hus a d’s

house, but the woman preferred to live with her parents.

In 2019, there was a complaint to the PDO from a Kist woman from Akhmeta. The complaint was related to

the fact that the police did not provide her with information about shelters and services due to lack of

knowledge from the side of the police. In the end, the woman received the support she needed.

A local Kist NGO mentioned an example from a couple of years ago, where a woman had filed a case with

the police, because she was a victim of sexual violence. However, the police officer asked the woman not to

file a case and to remain silent, because it would have been perceived as shameful if she had continued

with her case.

3.2. Cultural obstacles for filing a case with the police

Almost all sources commented on obstacles with roots in traditions and cultural norms in Pankisi Gorge for

women to seek the protection of the authorities. For example, women who are victims of domestic

violence are reluctant to go to the police with the case and prefer to remain silent about it.

The PDO stated that there are no reported cases of domestic violence from the Kists in Pankisi Gorge and

explained that there was a traditional system in place, which meant that the Kists were not filing cases with

the police.

Two sources stated that customary law called Adat forbids the members of the community to seek legal

remedy.

Another source advised that if a woman was involved in a conflict, her male relatives

–

typically a

father or brother

–

would resolve it on her behalf. They would discuss the conflict with the Council of

Elders, who would resolve it in accordance with Adat.

One source stated that women would be more reluctant to file a case with the authorities, as they were

often dependent on their husband. Therefore, they

do ot feel e po e ed to go agai st the fa il ’s

wishes by involving the Georgian authorities in a conflict. In some cases, women were threatened by family

members to remain silent.

An NGO: 5

An NGO: 6

Ombudsman: 9

A local Kist NGO: 11

Ombudsman: 4, 14, 15, 16, 32; GYLA: 15; A local Kist NGO: 8, 10, 12; EMC: 6; An NGO: 5, 8, 14, 16, 22; Roddy Scott:

8, 12; TI: 6, 10; Kakheti Police: 4; A Western Embassy: 9; A Diplomatic Source: 5, 6, 8, 20; Council of Elders: 5

Ombudsman: 14, 18

GYLA: 1, 4; An NGO: 13

Roddy Scott: 8, 15

A Diplomatic Source: 20

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A local Kist NGO described that in cases of sexual violence, the local community would blame the woman,

and therefore Kist women would not approach the police.

The source explained that even if a woman

approached the police and filed a case of sexual violence, she risked being blamed for the crime.

Nine sources stated that the Kist community would generally solve conflicts within the community by

approaching local complaint mechanisms.

One source elaborated that private conflicts involving domestic

violence would most often be handled within the families or at the Council of Elders.

For further

information, please see

6.1 The Council of Elders.

3.3. Special training of the police with focus on gender

The Kakheti Police Department advised that all police officers had undergone training in handling cases

involving women as a part of the general basic training. The basic training of police officers covers all

categories of police work, including domestic violence law. Domestic violence and violence against women

are separate topics in the curriculum of the basic course. However, there are also specialised trainings on

ad ho asis togethe ith NGOs. The Mi ist of I te al Affai s’ Depa t e t of Hu a Rights P ote tio

and Quality Monitoring would analyse the gaps, and then ask international organisations to conduct

specialised training of the officers.

A module of ad hoc training has been designed to change the attitude

of the police officers and, at the same time, raise their knowledge on existing legal mechanisms. These

trainings are conducted continuously.

Furthermore, the Kakheti Police Department stated that the Ministry of Internal Affairs had established a

specialised five-day course on domestic violence, and that 275 investigators were trained through this

programme during 2018 and 2019. In 2019, a short course for police training on violence against women

and domestic violence was organised in all regions of Georgia, and 300 patrol inspectors and district

officers were trained. More than 600 patrol officers attended special training on issuing restraining orders.

In 2020, due to COVID-19, trainings are delivered via online tools.

According to the police, the most recent training was conducted on 27 August 2020, and another distance

training was on-going in September 2020 for 170 police officers in Kakheti region. Among the officers, who

were undergoing the trainings, were representatives of the police unit in Pankisi Gorge.

According to EMC, the police have received special training in handling domestic violence and are trained

properly.

A local Kist NGO mentioned one training programme of the police that had been conducted by a

lo al NGO a d the lo al Wo e ’s Cou il, a d stated that it had ee diffi ult fo the NGO to pe suade the

A local Kist NGO: 10

A local Kist NGO: 11

Roddy Scott: 8, 11, 12, 14; A Western Embassy: 9; Ombudsman: 2, 4, 14, 33; GYLA: 14; A Diplomatic Source: 2, 6, 8;

Council of Elders: 1, 5, 7; EMC: 4, 26; An NGO: 1, 2, 15; A local Kist NGO: 8; TI: 5

A Diplomatic Source: 6

Kakheti Police: 15-16

Kakheti Police: 18

Kakheti Police: 19

Kakheti Police: 20

EMC: 15

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Ministry of Internal Affairs to allow the training. Furthermore, the source was of the opinion that the

attitude from the police was not cooperative.

3.4. Shelters and crisis centres: location and capacity

Four sources stated that there were shelters and/or crisis centres located in Kakheti region. There were no

shelters in Pankisi Gorge.

100

The PDO advised that more protection mechanisms have been established,

such as crisis centres and shelters. However, there were still problems with ineffectiveness of the police,

who maintain stereotypical attitudes towards women.

101

The PDO noted that in order to have access to a shelter, a woman would need status as a victim, for which

she could apply at the crisis centres.

102

Furthermore, according to the Kakheti Police Department, in case a

victim has no place to go, the police will contact the social services, who can accommodate shelters for the

victim. However, the police were not certain whether anyone from the Kist community had been referred

to such shelters before.

103

At the shelters or crisis centres, the women are offered legal and medical assistance as well as

psychological support.

104

There is also a hotline available for victims of domestic violence.

105

Three sources

mentioned issues of lack of capacity at the shelters, either in the form of overcrowding or lack of skills of

staff.

106

However, two sources stated that there were no capacity issues at the shelters.

107

EMC noted that

in cases of overcrowding, the women had been relocated to shelters in other regions of the country.

108

woman can stay at a shelter for some months with a possibility to extend the stay.

109

Two sources noted that women could experience pressure from family members to return home from a

shelte , i ludi g f o the pe pet ato ’s fa il .

110

One source opined that a woman would not feel any

pressure from her spouse or family member during her stay at a shelter.

111

When women are at the

shelters, they are protected from their family, and staff from the shelters supervise all meetings between

the parties. A diplomatic source

oted that the o a ’s o ta t ith all pe so s outside of the shelte is

not monitored.

112

Two sources stated that if a Kist woman would go to a shelter, she would not be able to return to the

community afterwards.

113

An NGO elaborated that this was because women were restricted from

approaching authorities by local traditions and customs, but at the same time mentioned that nowadays

A local Kist NGO: 12

An NGO: 10; EMC: 16; Ombudsman: 20; Kakheti Police: 23

101

Ombudsman: 5

102

Ombudsman: 20

103

Kakheti Police: 23

104

Kakheti Police: 24; EMC: 18; Ombudsman: 20

105

Ombudsman: 21; A Diplomatic Source: 11

106

EMC: 17; An NGO: 11; A Diplomatic Source: 12

107

Ombudsman: 23; Kakheti Police: 24

108

EMC: 17

109

A Diplomatic Source: 13; Ombudsman: 24; EMC: 18; An NGO: 12

110

A Diplomatic Source: 13; Ombudsman: 25

111

An NGO: 13

112

A Diplomatic Source: 13

113

An NGO: 13-14; A local Kist NGO: 13

100

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there were cases, where women returned to the Kist community after several years.

114

According to three

sources, it is problematic for a woman to find work and accommodation after staying at a shelter.

115

A local Kist NGO was aware of a case from 2017-2018, where two women from Pankisi Gorge were subject

to violence from an uncle. They went to a shelter in Tbilisi and are now rejected by the local community in

Pankisi Gorge, because they involved the authorities in the conflict. According to the source, they will never

be able to go back to Pankisi.

116

An NGO: 13-14

EMC: 19; A Diplomatic Source: 13; Ombudsman: 23

116

A local Kist NGO: 13

115

114

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4. Public defender

The Pu li Defe de ’s Offi e PDO did ot ha e i fo atio a out ases f o Pa kisi o e i g p i ate

conflicts, as the office only engages in systemic problems such as the hydropower plant protests.

117

According to the PDO, there is a hotline, which is in effect and is used. However, the citizens living in Pankisi

Gorge did not use it.

118

A number of sources indicated that the local Kist community was reluctant to approach the PDO in private

conflicts.

119

O e sou e e plai ed this ith the Kists’ la k of t ust i the s ste a d a la k of k o ledge

about their rights.

120

Two sources

e plai ed this ith the Kist o

u it ’s p efe e e of sol i g o fli ts

within the community itself.

121

The Kist community would usually approach the PDO in cases regarding legal issues such as property rights,

economic rights and social rights.

122

The PDO can make recommendations on these matters to the

government.

123

It is mandatory by law for the public and private sector to follow these

recommendations.

124

However, one source stated that the government is not obliged to follow the

recommendations of the PDO.

125

The PDO releases recommendations in yearly reports.

126

One source stated that the PDO is very active in Pankisi Gorge. The

PDO’s egio al e t e o du ts

informational meetings with the Kist community.

127

117

118

Ombudsman: 26

Ombudsman: 10, 27

119

A Diplomatic Source: 15-16; A Western Embassy: 5; An NGO: 15

120

A Diplomatic Source: 15

121

An NGO: 15; A Diplomatic Source: 16

122

A Diplomatic Source: 14

123

A Western Embassy: 6

124

Ombudsman: 37

125

A Western Embassy: 6

126

A Western Embassy: 6; Public Defender (Ombudsman) of Georgia,

Recommendations,

n.d.,

url

127

An NGO: 15

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5. Level of corruption

A number of interlocutors mentioned that judiciary independence is problematic in Georgia.

128

The judicial

system is controlled by certain groups and is an extension of the political agenda of the government, which

can affect the judicial independence. However, this is mainly an issue in political cases and not in minority

cases.

129

In general, the courts are working independently and without the influence of others. However,

the professionalism of the judge and the quality of procedure could pose a problem in certain cases. In high

profile and politically motivated cases, the Georgian judi

ia is a e te sio of the P ose uto ’s Office.

130

According to Transparency International, it is possible to influence the judicial independence in private

conflicts if this is in the interest of the ruling party. However, a Kist leader or another member of the Kist

community, who is not a member of the ruling party, would not be able to influence rulings by a court in

private conflicts.

131

Another source stated that it was possible to influence the courts in political cases, for example, regarding

corruption. However, this source had not seen cases in Pankisi Gorge concerning private conflicts that were

influenced by political parties.

132

In general, the level of corruption is very low in petty crime cases and lower level criminal cases, but there

remains a problem with high level corruption throughout the country. High-level corruption happens on a

systemic basis and seems to be found in cases that are politically sensitive or business related.

133

Transparency I

te atio al e tio ed that a ase ega di g o uptio

ust e filed at the P ose uto ’s

Office. The source also stated that there is a backlog of cases and that it is very difficult to monitor as the

system is not transparent. Furthermore, an applicant would not have any rights during the proceedings and

would not be involved in the process unless the person qualifies as a victim.

134

TI: 11; Ombudsman: 31; A Western Embassy: 11

TI: 11; Ombudsman: 31

130

TI: 12

131

TI: 13

132

A Western Embassy: 11-12

133

TI: 14; A Western Embassy: 11

134

TI: 15

129

128

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6. Alternative conflict resolution

There are two local complaint mechanisms in Pankisi Gorge, which are the Salafi-related Sharia Court and

the traditional Sufi-related Council of Elders.

135

80 % of the Kist youth are Salafists, and 89 % of the older

people are followers of traditional Sufi Islam. In smaller cases regarding divorce or funerals, the Salafists

and the Sufis would solve the cases themselves. According to the Council of Elders, the two organs would

work together in complicated cases.

136

However, an NGO stated that the Salafists in Pankisi Gorge would

not approach the Council of Elders, but instead go to the Sharia Court to solve their disputes.

137

6.1. The Council of Elders

The Council of Elders has existed since Kists have been living in Pankisi Gorge. It is the ruling organ in

Pankisi Gorge, and it has governed lives through traditions of Ingush, Kists and Chechens for more than 200

years. There are 35 male members of the Council, representing all villages in Pankisi Gorge. Each member

of the Council represents their teip (which is a family name/clan). There is a board consisting of seven

members.

138

The Council has a mediation role in local conflicts; they hold meetings with the relevant

parties and make public statements and recommendations.

139

Several sources advised that the Kist community would generally solve conflicts within the community by

approaching local complaint mechanisms.

140

The Council is respected and used by the Kist community,

141

and the Kists prefer to solve their conflicts through the Council.

142

However, two sources noted that the

Council might have less influence among the youth.

143

6.1.1. Adat and areas of regulation

Disputes within or between families are regulated by the customary law called Adat, which according to

two sources does not contradict Georgian legislation.

144

However, one of these sources elaborated that

some of Adat was not in line with legislative provisions, and exemplified that it gave priority to men in

property and inheritance cases as well as in divorce cases, where the children must stay with the father.

145

One source stated that there was a written code of law amongst the Kists in Pankisi Gorge and that it was

distributed so that the community was aware of the local rules.

146

According to the Council of Elders and three other sources, the Council would take up several types of cases

such as land disputes, property rights, domestic violence, divorce, child custody, blood feuds, honour

135

136

An NGO: 18; EMC: 31; Council of Elders: 16

Council of Elders: 16

137

An NGO: 18

138

Council of Elders: About the source

139

GYLA: 12; SMRCE: 22

140

Roddy Scott: 8, 11-12, 14; A Western Embassy: 9; Ombudsman: 2, 4, 14, 33; GYLA: 14; A Diplomatic Source: 2, 6, 8;

Council of Elders: 1, 5, 7; EMC: 4, 26; An NGO: 1, 2, 15; A local Kist NGO: 8; TI: 5

141

An NGO: 23; A local Kist NGO: 15; GYLA: 2; SMRCE: 21; Ombudsman: 34

142

An NGO: 1; A Diplomatic Source: 2; GYLA: 1; EMC: 4; Roddy Scott: 11

143

Ombudsman: 34; A Western Embassy: 15

144

The Council of Elders: 1; SMRCE: 10

145

SMRCE: 10-11

146

Roddy Scott: 17-18; Roddy Scott referred to the written code of law which is available here: Initiative Group of the

Kist Elders,

The Kists’ La Code,

2018,

url

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related cases and cases involving criminal groups.

147

Five sources stated that criminal cases were not

processed in the Council,

148

while one source noted that criminal cases were processed in the Council.

149

The Council of Elders did not have statistics on the number of cases processed each year, but stated that

they have approximately 40 cases annually. The source added that murder cases were rare. Furthermore,

upo e uest, the Cou il a p o ide a do u e t of p oof i ase a pe so ’s life is i da ge i Pa kisi

Gorge.

150

The Council does not perform arrests or imprisonment, but determine the sentence according to the

severity of the concrete case. The sentence will be an economic fine.

151

Two sources also mentioned

expulsion from the community and other measures as a form of punishment the Council could impose.

152

There are several examples of murder cases involving two families or more in Pankisi Gorge, where the

authorities have imprisoned the perpetrator afterwards. In these cases, the Council of Elders will take up

the dispute for conflict resolution when the perpetrator is released from prison.

153

The Council of Elders pointed out that a Kist living in Pankisi Gorge could not avoid the traditional court

system, even if the conflict had been brought up within the Georgian court system.

154

After a person had

served a sentence in prison and came back to Pankisi Gorge, the Council would take up the dispute for

conflict resolution upon return.

155

The Council mentioned a recent dispute that took place in 2014-2015. In the case, some music stereos were

stolen and a person, who was mistakenly taken as the culprit for the robbery, was kidnapped, tied to a tree

and beaten. Afterwards, the kidnapper was killed as revenge by a family member to the man, who was

wrongfully accused. Later, the person who killed the kidnapper was killed as well. Two young men hence

died because of the situation. According to the Council, the case was not solved until last year and only

through their intervention.

156

A Diplomatic Source stated that in private conflicts involving domestic violence, the cases would mostly be

handled within the families or at the Council of Elders. The source assessed that approximately 90 % of the

cases would be solved through the Council of Elders, and stated that the police did not get involved in cases

regarding domestic violence.

157

An NGO stated that women were able to approach the Council of Elders and they were obliged to listen to

the o e ’s o plai ts. As a e a ple, the sou e e tio ed that if a o a a ted

a divorce, she

would need to present an agreement with her parents stating that the family would allow their daughter

An NGO: 1-2, 19; Ombudsman: 4; TI: 5; Council of Elders: 7-8

GYLA: 14; EMC: 4, 26; Kakheti Police: 21; SMRCE: 21; A Diplomatic Source: 3

149

An NGO: 1

150

Council of Elders: 4, 6

151

Council of Elders: 2, 9; SMRCE: 11; Roddy Scott: 12

152

SMRCE: 11; An NGO: 14

153

Council of Elders: 4

154

Council of Elders: 3; An NGO: 6

155

Council of Elders: 3

156

Council of Elders: 10

157

A Diplomatic Source: 6

148

147

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back. However, according to local traditions and customs, the woman would not gain custody of her

children.

158

Another source stated that there were only a few cases, where women had approached the Council of

Elders themselves. The source exemplified that in a case where a woman had been abused, the woman

would not approach the Council of Elders herself. Instead, her male family members

–

typically her father

or brother

–

would

dis uss it ith the Cou il of Elde s a d the a ’s fa il e e s. The e of the

family would then find a solution internally. The Kist families were obliged to obey the ruling of the

Elders.

159

6.1.2. Cooperation with authorities

A number of sources stated that the Council of Elders cooperates with the Georgian authorities.

160

The

Council was registered as a formal NGO in 2004, which has enabled the Council to contact and cooperate

with government structures.

161

The police exemplified the cooperation with the Council of Elders by

referring to cases, where neighbours had problems in a land dispute. In such cases, the persons would

approach the Elders, who subsequently would contact the police in order to define legally, which part of

the land belongs to whom.

162

The Wo e ’s Cou il as esta lished i

i Pa kisi Go ge a d is o p ised of

o e .

163

If a

woman initiates a case at this Council, it acts as a mediator between the Council of Elders and the

woman.

164

A o di g to a NGO, the Wo e ’s Cou il o ks o o e ’s ights a d a p o ide o e

access to legal and social aid.

165

The Cou il of Elde s ela o ated that the Wo e ’s Cou il

was not a

decision-making organ. It is an organ that helps women to protect their rights by discussing their case with

the Council of Elders on their behalf, but the Council of Elders is still the main decision-makers. The Council

of Elde s ould al a s take the e o

e datio of the Wo e ’s Cou il i to o side ation

when solving

a case.

166

The Council of Elders stated that previously, it had been difficult for women to approach the Council of

Elders directly. Now,

a o a a go di e tl to the Wo e ’s Cou il,

who will assist her in composing a

ase that the Wo e ’s

Council will submit to the Council of Elders, either verbally or in writing.

167

The

Pu li Defe de ’s Offi e

PDO)

stated that the Wo e ’s Cou il is helpful,

and it has become easier for

women to talk about their problems.

168

Wo e ould ai l go to NGOs o the Wo e ’s Cou il ith

their complaints instead of approaching the Council of Elders.

169

6.2.

Wo e ’s Cou cil

An NGO: 19

Roddy Scott: 15

160

Council of Elders: About the source; Kakheti Police: 21-22; A Western Embassy: 15; GYLA: 16; An NGO: 24; EMC: 30

161

Council of Elders: About the source

162

Kakheti Police: 22

163

An NGO: 25

164

An NGO: 25; Roddy Scott: 14; A Diplomatic Source: 9; A local Kist NGO: 14; Council of Elders: 11

165

An NGO: 25

166

Council of Elders: 11

167

Council of Elders: 11

168

Ombudsman: 33

169

Ombudsman: 36

159

158

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On the other hand, one source opined that the influe

e of the Wo e ’s Cou il as

very limited, and the

source did not think that Kist families would seek the help of this Council due to the Kist traditions and

customs. However, the source added that the Council was doing a great job.

170

6.2.1. Areas of regulation

The

Wo e ’s Cou il ould take up

cases regarding divorce, child custody, property rights, land disputes,

family disputes, heritage or domestic violence.

171

The EMC further noted that cases regarding physical

abuse would be referred to the police.

172

An NGO mentioned a case from 2018, where a woman had lost the right to see her own son as an example

of a

ase ei g ought fo a d to the Wo e ’s Cou il.

Afte

o sultatio s ith the Wo e ’s Cou il,

the case was decided by the Council of Elders, and she reacquired the right to see her son three days a

week.

173

The Council of Elders me

tio ed a di o e ase ought fo a d the Wo e ’s Cou il ith a Kist

woman in Pankisi Gorge that took place in 2020. The woman was not able to take care of her minor

children due to abnormal behaviour. The father of the woman was aged, which meant that he could not

take care of the children either. No families in Pankisi wanted to remove the children from their mother,

and it was not possible to hand over the children to a Georgian family either, because according to Kist

tradition, children should not be brought up in a different type of family. The result of the case was that the

children stayed with their father.

174

The Council of Elders and the

Wo e ’s Cou il

are working together on changing the customary law in

order for it to reflect gender equality.

175

The source exemplified that it was now possible for women to get

custody of her children in a divorce.

176

170

171

Roddy Scott: 13

Council of Elders: 11; An NGO: 25; A local Kist NGO: 14

172

EMC: 27

173

An NGO: 27

174

Council of Elders: 15

175

Council of Elders: 14; An NGO: 26

176

Council of Elders: 14

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Bibliography

BBC News,

How the Rose revolution happened,

10 May 2005,

http://news.bbc.co.uk/2/hi/4532539.stm,

accessed 23 November 2020

Caucasian Knot,

Кисти�½цы [the Kists],

23 July 2010,

https://www.kavkaz-uzel.eu/articles/172008/,

accessed 23 November 2020

Civil GE,

Man Dies after Locals Clash in Pankisi,

27 November 2019,

https://civil.ge/archives/329455,

accessed 23 November 2020

DIS (Danish Immigration Service) and DRC (Danish Refugee Council),

Georgia: the situation of the Kist

community and the Chechens,

7 November 2018,

https://www.nyidanmark.dk/da/Ord-og-

begreber/US/Asyl/Landerapporter/?anchor=1CECB87F06994C968B1B371EAF54D32B,

accessed 23

November 2020

EASO (European Asylum Support Office),

EASO Country of Origin Information Report Methodology,

June

2019,

https://coi.easo.europa.eu/administration/easo/PLib/2019_EASO_COI_Report_Methodology.pdf,

accessed 23 November 2020

Initiative Group of the Kist Elders,

The Kists’ La Code,

2018,

http://dspace.nplg.gov.ge/bitstream/1234/305841/1/Qisturi_Samartlis_Kodeqsi.pdf,

accessed 23

November 2020

Public Defender (Ombudsman) of Georgia,

Recommendations,

n.d.,

http://ombudsman.ge/eng/rekomendatsiebi,

accessed 23 November 2020

Public Defender (Ombudsman) of Georgia, On the Situation of Protection of Human Rights and Freedoms in

Georgia, 2019,

http://ombudsman.ge/res/docs/2020070407523954521.pdf,

accessed 23 November 2020

Public Defender (Ombudsman) of Georgia,

Public Defender Responds to Threatening Statements Against

Pankisi Community Radio and Its Founder,

8 September 2020,

http://ombudsman.ge/eng/akhali-

ambebi/sakartvelos-sakhalkho-damtsveli-pankisis-satemo-radiosa-da-misi-damfudzneblis-mimart-mukaris-

shemtsvel-gantskhadebebs-ekhmianeba,

accessed 23 November 2020

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UN Women Georgia,

More Shelters for Victims of Domestic Violence in Georgia,

5 April 2016,

https://georgia.unwomen.org/en/news/stories/2016/04/more-shelters-for-victims-of-domestic-violence-

in-georgia,

accessed 23 November 2020

USDOS (United States Department of State),

2019 Country Reports on Human Rights Practices: Georgia,

March 2020,

https://www.ecoi.net/en/document/2026356.html,

accessed 23 November 2020

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Appendix A: Meeting notes

Ombudsman/the Office of the Public Defender of Georgia

Ms. Ekaterine Skhiladze, deputy public defender, coordinator of regional offices

Tbilisi, 21 September 2020

About the source

The Pu li Defe der’s Offi e of

Georgia (PDO) is an independent constitutional body and the scope of work

comprise human rights and gender equality, in particular discrimination. The Office also acts as a national

prevention mechanism and monitors the situation in closed institutions such as prisons and shelters.

Furthermore, the Office monitors the situation for persons with disabilities.

According to the Organic Law on Public Defender of Georgia, the Ombudsman annually presents a report to

the Parliament on the situation of human rights and freedoms in Georgia. The report presents challenges

and progress in terms of protection of constitutional rights and freedoms in the relevant year.

The PDO has one central office in Tbilisi and nine regional offices. One office is located in Telavi, Kakheti

region, which is the region where the Pankisi Gorge is situated. The office in Telavi has two staff members.

There is no office in Pankisi.

The PDO staff is not often in Pankisi. When it is needed or a meeting is being held, the staff will go to

Pankisi. There are no regular visits to Pankisi, but when there is a situation, they will go there. The Public

Defender has been to Pankisi twice in 2019. Furthermore, the PDO cooperates with local NGOs in

monitoring the situation in Pankisi Gorge.

Complaint mechanisms and access to seek redress in private conflicts

1. The PDO advised that there is not a high criminal rate in Pankisi. The region is very calm.

2. According to statistics, there are almost no cases from Pankisi Gorge about domestic violence. The

local Kist community try to use internal processes for these cases, e.g. negotiation through the

Council of Elders. The community does not use the police in cases about domestic violence.

Reporting of such cases is therefore still a problem in this community. Gender role stereotyping is a

very big problem in this sense.

Si e

, the pu li defe de ’s offi e has o ito ed the situatio of fe i ide ge de

-related

killings of women) and honour related crimes. The PDO has not recorded such cases since they

started to monitor them in 2016.

4. Informally the women are talking about the problem of domestic violence, but they are not using

the official complaint mechanisms to solve problems. Many of the victims either go through the

Council of Elders or prefer to remain silent about these problems.

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5. The situation in Georgia is changing as more protection mechanisms are established, such as crisis

centres and shelters. However, there are still problems with ineffectiveness of the police as they

are part of the society and still maintain stereotypical attitudes towards women.

I ases he e the poli e a t i effe ti el the PDO ill appl to the Mi ist of I te al Affai s’

Human Rights Department, who will then oversee the investigation. There is a good cooperation

between the PDO and the Human Rights Department of the Ministry of Internal Affairs. The

problem of ineffectiveness is improving through this procedure.

The PDO is pa t of the Mi ist

of I te al Affai ’s t ai i g p og a

e fo the poli e.

8. According to the law, it is mandatory for the police to take a case when someone is filing a case.

The source had not heard of any cases from Pankisi Gorge that were rejected.

9. The PDO advised that there was a case in 2019 in the city of Akhmeta, where a Kist woman had

applied to the PDO in Telavi. The case concerned property rights but her complaint related to the

fact that the police did not provide her with information about shelters and services due to lack of

knowledge. The case did not end with a recommendatio

f o the Pu li Defe de ’s Offi e,

because after their letter the situation had changed. She received the support she needed.

However, after this particular case, the Public Defender asked the Ministry of Internal Affairs to

conduct special training for the police in cases regarding domestic violence.

10. There are different ways for citizens to apply to the Office. There is a 24-hour open hotline, the

complaint can be sent by post and the Office can be contacted through social media, such as

Facebook.

11. In connection to a demonstration in 2019 against the construction of a hydropower plant, there

was a conflict between the police and the local Kist community. Due to this conflict the public

defender visited Pankisi and arranged meetings with different groups. Their problems and concerns

about the plant were discussed. The public defender tried to collect all necessary information

about the situation.

177

12. In 2020 there was a protest in Pankisi Gorge against Radio Way, which is headed by Gela

Mtivlishvili. Locals protested the work of the radio, as they were against the role the radio is playing

in the community.

178

The PDO asked the Ministry of Internal Affairs to effectively examine the case

and see if there are risks for the staff and if it is safe for the radio to operate.

The poli e’s ha dli g of the situatio is des i ed he e:

Public Defender (Ombudsman) of Georgia,

On the Situation

of Protection of Human Rights and Freedoms in Georgia,

2019,

url,

p. 186

178

See public statement from the Public Defender about the situation: Public Defender (Ombudsman) of Georgia,

Public Defender Responds to Threatening Statements Against Pankisi Community Radio and Its Founder,

8 September

2020,

url

177

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Protection of women

13. According to the source, there is not equal access to file a case for women, compared to the access

for men to file a case. It is difficult for women to file cases with the police due to stereotyping and

issues regarding gender equality. This is a general problem in Georgia, not only in Pankisi.

14. The PDO works with gender-based violence and gender equality. The source stated that statistics

are very low for Pankisi due to the fact that there is a traditional system in place and people

therefore do not file cases with the police.

15. Complaining to the police is generally not a used practice for Pankisi citizens. Not only for women

but for men as well. This is because they have internal processes they follow, such as the Council of

Elders. The local Kists try to negotiate their problems through this organ and hence are reluctant to

file complaints with the police.

16. However, the PDO stated that the Kists do have formal access to the police; there is a hotline (112,

that you can call 24 hours a day) and there is also a police station in Pankisi, where people can file a

complaint in person. The services are there but the willingness to use them is still problematic. The

source believed that the police could be more proactive towards women for example by arranging

meetings with the local women in Pankisi Gorge in order to inform them of the possibility of getting

support from the police in private conflicts.

17. The source did not have any information about whether the police handle cases properly, besides

the one case from Akhmeta, since only a few cases have been brought forward to the police,

a o di g to the sou e’s k o ledge.

18. The source added that there were no reported cases of domestic violence, but that the violence

does occur.

19. The PDO organises meetings about these problems where local Kists participate. Both men and

women participate, but meetings are also held separately as well. Sometimes the PDO also have

meetings with religious groups. All Kists speak Georgian very well.

Access to shelters

20. In general, women have access to shelters and crisis centres. There are five shelters and five crisis

centres in Georgia. All of them are state run. Shelters are located in Tbilisi, Kakheti, Gori, Kutaisi

and Batumi; crisis centres are located in Tbilisi, Kutaisi, Marneuli, Ozurgeti and Gori. At the crisis

centres the women can get psychological support, together with legal and medical assistance.

Furthermore, the crisis centres can help women apply for victim status and involve the police or the

courts in the case. In order to have access to a shelter a woman needs status as a victim.

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21. There is a hotline for victims of domestic violence (116 006), which provides translation in 12

languages.

22. There is a lack of information about state services including access to shelters and crisis centres in

Pankisi Gorge. According to the PDO, this is problematic.

23. In the experience of this source, there is enough capacity at the shelters to accommodate the

women in need. The problem is that there are no programmes for the women after they leave the

shelter such as help to rent a house or economic empowerment. There is no education or

vocational training available. Therefore, many women do not want to go to these shelters because

they do not know where to go after the shelter.

24. Women can stay for a period of three months at a shelter, although this period can be extended up

to one year in rare cases.

25. According to this source, there is pressure on women from family members, relatives, and the

pe pet ato ’s fa il to go a k ho e. The sou e opi ed that this is p o le ati . The e ha e also

been cases where a woman comes to the Office because her parents will not welcome her in their

house, because she has fled from her husband. In these cases the PDO approaches different

municipalities in order to try to find a solution.

Public defender

26. The PDO does not have information about cases from Pankisi concerning private conflicts, only

systemic problems (such as the hydropower plant protests).

27. The hotline is still in effect and is used. However, it is not used by the citizens living in Pankisi.

Discriminatory treatment by the authorities

28. The legislation does not discriminate between the state protection that Georgian nationals can

access and the protection the Kist can access. In practice, the access to these services is

problematic for Pankisi citizens, for minorities, and for persons with disabilities or other

vulnerabilities.

29. State agencies are not proactively providing information about their services, also not in Pankisi.

Due to socio-economic barriers it can be hard for people to go to the regional centres to get the

necessary support (cost of transportation, etc.). There is also a lack of trust in authorities among

the Kists and Chechens.

Level of corruption

30.

Co uptio is ot pa t of the s ope of o k fo the Pu li Defe de ’s Offi e. It is ot possi le to file

a complaint about corruption at the Office.

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31. The judiciary independence is problematic in Georgia. The whole judicial system is controlled by

certain groups. There are for example problems with appointment of judges. The Public Defender

has made several statements and recommendations regarding this. The source does not have any

information about corruption in Pankisi Gorge specifically.

32. The PDO stated that local Kists have access to the court system in Kakheti region. However, it is not

very used in Pankisi; the locals use local complaint mechanisms like the Council of Elders.

Alternative conflict resolution

33. The source advised that alternative conflict resolution was typically handled by the Council of

Elders and a few years ago the Council of Elderly Women was also created. It was an initiative by

the locals to create a consultative mechanism to the Council of Elders. In this Council, women can

voice and discuss problematic cases. The PDO opined that it was more comfortable for women to

talk to other women about their problems. In the opinion of the sou

e, this Wo e ’s Cou il is

helpful and it has become easier for women to talk about their problems.

34. Asked about the effectiveness of the Council of Elders, the source replied that the young

generation might have less trust in the Council. In general though, the Council still enjoys the trust

of the Kist/Chechen community.

35. The PDO does not have detailed information about the work of the Council of Elders. The source

knows that the Council issues statements from time to time. The Council is based on traditional

rules but is part of the wider, Georgian society.

36. Women would mainly go to NGOs or the Council of Elderly Women with their complaints instead of

approaching the Council of Elders.

37.

Whe the Pu li Defe de ’ Offi e akes e o

e datio s a out discrimination,

it is mandatory

by law for the public and private sector to follow them.

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State Minister of Georgia for Reconciliation and Civic Equality

Ms. Tinatin Gogheliani, Head of Civic Equality Department, Office of the State Minister of Georgia for

Reconciliation and Civic Equality (SMRCE)

Tbilisi, 23 September 2020

About the source

State Minister of Georgia for Reconciliation and Civic Equality (SMRCE) covers two directions: 1. reconciliation

and engagement policy with the Georgian regions of Abkhazia and Tskinvali region/South Ossetia; 2.

supporting ethnic minority representatives, ensuring civic equality and integration and promoting cultural

diversity in Georgia. Currently, SMRCE is implementing the State Strategy for Civic Equality and Integration

and Action Plan for 2015-2020.

Georgia is a multi-ethnic, multicultural country. 13.2 % of the total population belongs to ethnic minorities.

Among them, the largest ethnic groups are Azerbaijanis (6.27 %) and Armenians (4.53 %), the smaller ethnic

groups are Ossetians, Kurds, Kists, Assyrians, Greeks and more. The State Strategy for Civic Equality and

Integration is based on more integration, more diversity approach and aims at ensuring equal and full

participation of ethnic minority representatives in all spheres of public life, provision with quality education,

including the improvement of the knowledge of state language as well as preservation of cultural identity.

Background information about Pankisi Gorge

1. Kists in Georgia compactly reside in Pankisi Gorge, which is situated in Akhmeta municipality of

Kakheti region. According to the 2014 Census, there are 5,697 persons living in Georgia who are

ethnic Kists. Kists are considered an ethnic minority; they represent 0.15 % of the total population of

Georgia. Kists are very well integrated in the Georgian community. While there is a lack of knowledge

of state (Georgian) language among ethnic minority groups, the Kists have a good command of the

state language. Furthermore, the Kists have a high level of education and they are involved in social-

economic life in Georgia.

2. Most villages in Pankisi Gorge are populated with Kists, a few of the villages have mixed ethnic

(Georgians, Kists, Ossetians) composition. Kists are citizens of Georgia and have full and equal access

to all state programmes and services. Furthermore, they are supported through additional measures

(for example study of their native language, popularisation of their culture, information/awareness

raising campaigns on acute issues) under the state civic integration strategy.

3. There are 11 kindergartens in Pankisi Gorge; seven public schools (three stages for 6-18 years old

schoolchildren) and four primary schools administered by the above-mentioned schools (with

approximately 1,400 school children); one art school in Djokolo and one music school in Duisi, which

is the largest village of Pankisi Gorge. There is also a functioning library and sports clubs. Every year,

students from the Pankisi Gorge are successfully enrolled at higher education institutions of Georgia;

16 students who do not obtain scholarship are additionally supported through a state scholarship.

4. With the aim to support the cultural identity of smaller ethnic minority groups the study of smaller

ethnic minority languages, among them the Chechen language, has been introduced in public schools

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(upon request) since 2016. The Kist dialect of Chechen language is spoken by Kists within the

family/community.

5. Diverse infrastructure rehabilitation and other wide-scope economic projects are implemented in

the Pankisi Gorge in the areas of energy infrastructure rehabilitation, rural gasification, and

restoration/creation of irrigation and drinking water canals, rehabilitation of local roads,

restoration of exterior lighting and the building of bridges. State programmes aimed at supporting

local economic initiatives are operational.

6. Raising awareness is a strong component of the civic integration strategy and action plan. The local

population is provided with full information on state programmes and services, acute issues and

processes like anti-dis

i i atio , hu a ights, ge de e ualit , ea l a iages, Geo gia’s

European and Euro-Atlantic integration, etc.

7. International organisations are present in the Pankisi Gorge and are implementing different

programmes within agriculture, generating local products, English teaching, supporting community

links, etc.

8. SMRCE often visits the Pankisi Gorge as well as other areas populated by ethnic minorities

identifying the needs of local population, existing challenges and the ways of their solution. SMRCE

stated that it develops close cooperation with the civil society actors in the Pankisi Gorge, and the

civil society is quite well developed in this area.

9. As a result of the Chechen wars in the 90s, ethnic Chechens came to Pankisi Gorge. By 2003 the

vast majority of them have left for other countries, among other several European countries

including Denmark. Nowadays, the total number of ethnic Chechens living in Pankisi equals to 69

(31 women and 38 men). 34 of them have been granted Georgian citizenship while the rest (35)

have a residence permit. Those who were granted citizenship have full access to Government

programmes and services. For persons with residence permit education, healthcare and social state

programmes are available. The Chechens are all quite well integrated into the local community.

Their livelihood relies on agriculture, cattle farming, and local business activities.

Complaint mechanisms and access to seek redress in private conflicts

10. Georgian legislation fully functions in Pankisi Gorge. At the same time local customary law called

Adat is under practice. The Adat is not necessarily interpreted in accordance with the legislative

provisions. However, it does not contradict Georgian legislation. According to the source, the

preservation of the Adat is very important to the Kists as they try to maintain local traditions and

customs.

11. The source elaborated that some of Adat are not in line with legislative provisions. For example,

Adat gives priority to men in property and legacy (especially land inheritance) issues. According to

Adat, the children stay with their father in divorce cases. In case of committing a crime,

imprisonment is not applied, but financial fines, expulsion from community and other measures are

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applied. However, all this does not restrict the community members in exercising their rights and

seeking protection under Georgian legislation as well as to approach state institutions.

12. According to the source, blood feuds traditionally happened within the Kist community which

actually contradicts with Adat. However, the cases of blood feuds in Pankisi Gorge have not taken

place for more than 10 years.

13. The source stated that there are few examples of early marriage (at the age of 16 or 17) happening

in Pankisi Gorge within the Kist community. However, early marriage (at the age of 15) is more

prevalent among the Azerbaijani community. According to Georgian legislation, the legal age of

marriage is 18.

14. According to the source, law enforcement bodies function in the Pankisi Gorge as in other regions

of Georgia. If a criminal case occurs, the police immediately intervene and appropriate preventive

and judicial measures are applied.

15. The source had no information about incidents where the police had rejected a case. However, the

access to complaint mechanisms is not within the mandate of the SMRCE.

Protection of women

16. Gender equality and domestic violence is currently a main priority for the Government of Georgia

in the whole country. If a woman is a victim of domestic violence, she can call 112 to inform the

police about her situation. Hereby the police would intervene and investigate the case. Large-scale

door-to-door information-a

a e ess aisi g a paig s o o e ’s ights, do esti iole e a e

intensively conducted.

17. According to the source, women have the same access to filing a case with the police as men.

Women also have access to shelters in domestic violence cases.

Discriminatory treatment by the authorities

18. The source stated that ethnic Georgians and Kists have the same access to seeking the protection

of the authorities. Ethnic Kists are full-fledged citizens of Georgia and have equal rights and full

access to all services.

19. The observation of SMRCE is that young Kists do not necessarily agree with the old Kist traditions.

Young Kists have views and approaches which differ from the views of the elders. The youth is less

conservative and much more oriented towards liberal democratic principles. For example, the role

of traveling in European countries has had a great impact on this.

Alternative conflict resolution

20. The source stated that the Kist community has a Council of Elders who the Kists can approach when

a domestic conflict emerges in the community. The practice of using a Council of Elders for conflict

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resolution is not exclusively for Kists, and it functions in other northern Caucasian communities. It is

based on local customary law, the so-called Adat that is exercised by the community.

21. The Council is respected among community members. Whenever there is a domestic conflict

between individuals and/or families in the community, they can approach the Council of Elders in

order to find a solution. The Council typically handles controversial issues (domestic problems)

between individuals and/or within the community. Criminal cases are handled by the police.

22. The Council serves as a link between individuals, families and the community. SMRCE is

communicating well with the Council of Elders through meetings, seminars, round-table

discussions, etc.

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The Council of Elders in Pankisi Gorge

Akhmeta, 24 September 2020

About the source

The Council of Elders (the Council) has existed since there has been living Kists in Pankisi Gorge. It is the

ruling organ in the Gorge, and it had governed lives through traditions of Ingush, Kists and Chechens for

more the 200 years. The Council mostly works in civic life and criminal situations. It regulates these kinds of

disputes among the community members. There are 35 members of Council, representing all villages in

Pankisi Gorge. Each member of Council represents their teip (family name/clan). There is a board consisting

of seven members. The Council was registered as a formal non-state organisation in 2004, which was

important since it enabled the Council to contact and cooperate with government structures.

The work of the Council

1. In the Kist community, disputes within or between families are regulated by the customary law

–

the so-called Adat

–

the customary law, Adat, does not conflicts with Georgian legislation. The

Council tries to solve the disputes in the community itself instead of involving the police in the

cases. However, when a crime happens, the Georgian authorities will investigate it and the Council

will try to solve it within the community.

2. There are no barriers for the Georgian authorities to arrest someone in the Gorge, and the Council

does not perform arrests or imprisonment. When someone is taken to prison, the Council helps

the families by supporting them morally. The Council tries to solve the problems inside the

community as much as possible instead of involving the Georgian authorities. The Council can give

the Georgian authorities recommendations and assist them with information in order to solve a

case.

3. After a person has served a sentence in prison and comes back to Pankisi Gorge, the situation will

still be the same. The person cannot avoid the traditional court system and the Council will take up

the dispute for conflict resolution upon return.

4. There are several examples of murder cases involving two families or more in Pankisi Gorge, where

the perpetrator has been imprisoned afterwards by the authorities. In these cases the Council of

Elders will take up the dispute for conflict resolution, when the perpetrator is released from prison.

A few of them are well known cases such as the Mutoshvili case. Two persons are now in prison on

charges for this murder. After the sentence has been served and the convicted persons come back

to the Gorge, they will still need to solve this matter between the families as well since the other

family will want revenge. The Council will attempt to negotiate between the families in order to

neutralise the situation. Upon request, the Council can provide a document of proof in case

so eo e’s life is eall i da ge i the Pa kisi Go ge.

5. The Council works on cases of domestic violence. According to the source, Kist women in the

u it a e al a s p ote ted, eithe th ough thei fathe ’s fa il o thei hus a d’s fa il . Fo

example in cases of domestic violence, the Council will attempt to solve the conflict through

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negotiation if the families bring the conflict forward to the Council. Women can directly approach

the Council by themselves. However, in most cases where women have problems related to

violence they will bear it and be silent. The source stated that there are always neighbours or

relatives who know that it is happening and at some point everyone in the community will learn

about the situation.

6. The Council of Elders did not have statistics on the amount of cases processed each year, but stated

that the Council have approximately 40 cases annually. Murder cases are seldom.

7. The Council advised that in life there are disputes and arguments all the time. In smaller cases, one

member of the Council will try and handle it locally, but when there are more complicated cases,

the elders gather in the Council. Complicated cases are typically concerning property rights, land

disputes, fights and divorce including child custody. Divorce cases do not happen often. Previously,

the children had to stay with their father after a divorce. Nowadays, the tendency is changing; the

Council tries to award the mother custody of the children if the children are below 15 years of age.

8. Honour related cases are very complicated and are almost seen as grave a crime as murder. As an

e a ple, the sou e e plai ed that i ase so eo e ould e o e the hat of a elde ’s head, the

punishment would be to wound/maim the offender. This is because it is perceived as a violation of

honour. Previously there were many examples of honour related cases in the community, but these

are not happening as often anymore. Another example of an honour related crime is if a person

shoots with a gun towards a house. The perpetrator must give ten cows to the owner of the house;

otherwise the victim will seek vengeance upon the perpetrator. A third example of an honour

elated i e is to tou h o take off a o a ’s s a f. I su h ases the Cou il ill i ol e all the

parties of the crime in a discussion and try to solve the problem and decide upon a punishment. If a

solutio is ot fou d, the offe se is o side ed g a e a d the o a ’s fa il ill take it upo

themselves to get revenge. As the customary law has very strict rules and principles, people avoid

these kinds of behaviour because they are aware of the punishment.

9. When asked about which sanctions or punishments the Council can impose, the source stated that

the Council shall summon two mediating judges (Khelkhoi) with the consent of both opposing

parties, and they shall determine the sentence according to the heaviness of the concrete case. The

sentence will be an economic fine.

10. When asked about recent cases the source mentioned a situation that took place approximately 5-

6 years ago. Some music stereos were stolen, and a person who had nothing to do with this

robbery was mistakenly kidnapped, tied to a tree and beaten. Afterwards, the kidnapper was killed

as revenge by a family member to the man, who was wrongfully accused. Later, the one who killed

the kidnapper was killed as well. Two young men hence died because of the situation. This case was

not solved until last year and only through the intervention of the Council of Elders.

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Wo e ’s Cou cil

11.

Toda , the Cou il of Elde s su essfull oope ates ith the Wo e ’s Council.

Previously, it was

difficult for women to approach the Council directly with their problems. Now a woman can go

di e tl to the Wo e ’s Cou il ho ill assist he i o posi g a ase that they

then will submit

to the Council of Elders,

eithe e all o i

iti g. The Wo e ’s Cou il is ot a de isio

-making

organ. It is an organ that helps women to protect her rights by discussing her case with the Council

on her behalf. The Council representatives are main decision-makers. Cases are typically about

divorce, property rights, land disputes, heritage or domestic violence. The Council of Elders always

take the e o

e datio of the Wo e ’s Cou il i to o side atio he sol i g a ase.

12. When asked about divorce cases, the source stated that unless there is great disagreement in the

two testimonies, the Council of Elders makes a decision on its own in favour of the truth. The

Council noted that the Women's Council protects women's rights.

13. The source added that the Council will inevitably be confronted to establish the truth. If they are

unable to reach an agreement (one or both parties) then the case will be considered by Adat Law

(Khaal).

14.

The Cou il has ee editi g a ook ith ha ges to the usto a la togethe ith the Wo e ’s

Council. Due to this, it is now possible for women to get custody of her children in a divorce.

15. When asked about examples of recent cases brought up by the Council of Women, the source

mentioned a divorce case with a Kist woman in Pankisi Gorge that took place two or several

months ago. According to the source, the woman was not able to take care of her minor children

due to abnormal behaviour. The father of the woman was aged, which meant that he could not

take care of the children either. No families in Pankisi wanted to remove the children from their

mother, and it was not possible to hand over the children to a Georgian family either, because

according to Kist tradition, children should not be brought up in a different type of family. The

result of the case was that the children stayed with their father.

Alternative conflict resolution

16. The community in Pankisi Gorge is divided in two: the Salafists and the traditionalists (Sufi). 80 % of

the youth are Salafists. 89 % of the older people are followers of traditional Islam. In smaller cases

regarding divorce or funerals, the Salafists solve cases themselves and use their own Imams. The

traditionalists use the Council. In complicated cases, like the murder case that happened several

months ago, the two organs work together. In most cases the Salafists still respect the vast

experience of the Elders and approach the Council, also in private conflicts.

17. In cases where the Kist community as a whole opposes the actions of the Georgian Government,

the Salafists and the traditionalists always stand together

–

for example in the case concerning

building of a hydropower plant and the case of Temirlan Machalikashvili. They work together in

order to neutralise the situation.

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Kakheti Police Department in Telavi

Telavi, 25 September 2020

Complaint mechanisms and access to seek redress in private conflicts

1. The police do not have a different approach towards the Kist community. The police approach the

Kists the same way as they would approach any other Georgian national.

2. The police do not receive a significant amount of cases from the Kist community. According to the

police, the Kists are very law-abiding. However, there have been some minor cases such as theft,

local conflicts and fire-related cases.

3. In terms of criminal reports, there is nothing unusual in the Pankisi Gorge compared to other

Georgian regions. There are 18 local police units in the region and the police unit that is covering

the Kist community is one of the more calm police units.

4. With regards to cases about private conflicts such as domestic violence, the police advised that

there are several cases from Pankisi Gorge. However, these cases are not significant and the

community in Pankisi Gorge will seldom report on these types of cases in general.

5. Two or three years ago there were nearly no cases of domestic violence put forward to the police

from the Kist community. However, according to the source, the situation has now changed and

nowadays the number of cases filed with the police is increasing due to a national awareness

campaign and a new approach to this problem from the Ministry of Internal Affairs. Therefore, the

local Kist community put more trust in the police now than they did before, and hence the police

have observed an increase in cases where Kist women and neighbours are approaching the police

in cases of domestic violence.

6. The Ministry of Internal Affairs processes the data based on trends and not based on ethnicity. The

data of the Ministry shows that the rate of filing cases of domestic violence is increasing in Kakheti

Region, though the Ministry does not have the separate data from Pankisi Gorge.

7. When asked about cases of blood feuds in Pankisi Gorge, the source recalled a case in 2019 where

two Kist groups had a conflict, which resulted in the killing of a person. Since the case all contact

between the two groups has subsequently ended. The police did not believe that there was a

general problem with blood feuds in Pankisi Gorge, and did also not perceive this particular case to

be a case of a blood feud. As the persons who committed the crime are now in prison, there is no

tension between the two groups anymore. According to the police, two persons were charged in

this case. The first person was charged for attempted murder and received a sentence of 8 years of

imprisonment. The other person was charged for murder and received a sentence of 12 years. Both

the o i ted a d the p ose uto ’s offi e appealed the se te es.

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8. The conflict between the two groups happened on the highway 2-3 kilometres away from the local

police station. The police received around 15-20 calls and the source opined that 90 % of them

were Kists. The police were at the scene of the crime within two or three minutes.

9. The source noted that the conflict between the two groups comprised of around seven people in

the first group and 15 in the other group. The police did not believe that these people were part of

a local criminal group. During the police search after the killing the police seized 15 guns from the

houses of the involved persons, out of which almost all guns (14 of them) were legal and registered

for use during the hunting season.

10. Pankisi Gorge has an estimated population of 7,000 out of which around 5 % are ethnic Georgians.

Pankisi Gorge is calmer compared with other small districts with only ethnic Georgians. The source

stated that the community has a reputation of being composed of many armed groups. However,

the source opined that these accusations are false.

11. When asked if the police would reject a case filed by a Kist, the source replied that they would

always act on every call. The police would go to the place from where they received a call and if

other competencies were needed they would call other authorities. As an example the source

mentioned a case where the police needed to send for other authorities to help getting electricity.

Protection of women

12. According to the police, several cases have been filed regarding domestic violence from Pankisi

Gorge. The source recalled two cases where women filed a case of being victims of domestic

violence in 2019 and 2020. In one case the investigation was launched afterwards. However, she

was not in Georgia when she contacted the police, since she had left for Turkey. Hence the police

could not interrogate her. The other case was from 2019, where a woman filed a case of domestic

violence, the police launched an investigation and charged the husband of domestic violence.

13. In most cases regarding domestic violence the offender is not at home, when the police arrive,

which impedes the police from interrogating the offender. In these situations the police will

interrogate the victim at home, as there is no need to take the victim to the police station for

interrogation. While in cases where the offender is at home the police will interrogate the victim

(woman) at the police station.

14. The main principle for the police officers is to interrogate/question a victim and an offender

separately, not having visual contact with each other. The place where it could take place is not

crucial.

15. When asked if the police have received any special training in handling domestic violence cases, the

source replied that all police officers have undergone training in handling cases involving women. It

is part of the general basic training. However, there are also specialised training on ad hoc basis

togethe ith NGO’s. The Mi ist of I te al Affai s’ Depa t e t of Hu a Rights P ote tio a d

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Quality Monitoring would analyse the gaps, and then ask international organisations to conduct

training of the officers.

16. A basic training of police officers takes place at the Academy of the Ministry of Internal Affairs in

Tbilisi. It covers all categories of police work (patrol, district, criminal, border police, coast guards,

etc.) and includes: training on human rights, criminal law, domestic violence law, administrative law

and procedures. Domestic violence and violence against women is a separate topic in the

curriculum of the basic course.

17. In parallel, the Ministry of Internal Affairs actively cooperates with the local NGOs and international

organisations. As a result of the joint efforts, trainings and seminars for law-enforcers are

conducted in different regions of Georgia.

18. A module of ad hoc training has been designed in a way to change the attitude of the police officers

and at the same time raise their knowledge on existing legal mechanisms. Trainings are conducted

continuously.

19. Furthermore, the Ministry of Internal Affairs has established a specialised five day course on

domestic violence and noticeably 275 investigators were trained through this programme during

2018-2019. In 2019, a short course for police training on violence against women and domestic

violence was organised in all regions of Georgia and 300 patrol inspectors and district officers were

trained each year. More than 600 patrol officers attended special training dedicated to the filling in

the protective orders. In 2020 training are delivered via online tools.

20. The source added that the most recent training was conducted on 27 August 2020 and another

distance training was on-going for 170 police officers in Kakheti. Among the officers who were

undergoing the trainings were the representatives of the police unit in the Pankisi Gorge.

Alternative conflict resolution

21. Regarding the Council of Elders, the police advised that there are no cases where the police would

approach the Council of Elders and ask for their assistance. However, there are cases where people

who are filing cases with the police are accompanied by members of the Council of Elders. The

elders would in these cases help explain the situation to the police. There are also cases, where

representatives of the Council would approach the police and ask them to solve problems they are

facing, mainly involving disputes between neighbours and not the criminal offences. This can help

the applicant, as the elders are much respected within the Kist community.

22. The police exemplified the cooperation with the Council of Elders by referring to cases where

neighbours had problems in a land dispute. In such cases the persons would approach the elders,

who subsequently would contact the police in order to define legally, which part of the land

belongs to whom.

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Access to shelters

23. When asked if there are any other complaint mechanisms in place for victims of domestic violence,

the police replied that in case a victim has no place to go, the police will contact the social services,

who can accommodate shelters for the victim. The source was not certain whether anyone from

the Kist community had been referred to such shelters before.

24. According to the source, there is one shelter in the Kakheti region located in the city of Signagi. The

source stated that they had never experienced capacity issues at these shelters. However, the

source was not certain that this is not a problem in some cases. The victims are offered services,

such as: shelter, medical assistance (including access to a psychologist) and legal assistance

(representation at the court). The source added that the help of a psychologist is mainly used in

cases involving juveniles.

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A Diplomatic Source

Tbilisi, 23 September 2020

Complaint mechanisms and access to seek redress in private conflicts

1. According to the source, the issue of complaint mechanisms and access to filing a case with the

police in Pankisi Gorge is a political sensitive issue that cannot be answered easily. In general, the

local Kist/Chechen community in Pankisi Gorge does not like to speak freely of these issues.

2. Based on observations, the local Kist/Chechen community prefers to solve private conflicts by using

alternative complaint mechanisms like the Council of Elders and the Council of Women Elders.

3. The Council of Elders operates like a traditional court; however, the Council solves private conflicts

by using traditional customary laws called Adat instead of the legislation provided by the Georgian

Government. The Council of Elders can resolve conflicts in all types of cases, for example property

rights, honour related conflicts and conflicts with criminal groups. However, grave criminal cases

will be referred to the local police. The source advised that the police would not reject a case that

was put forward to them by a member of the Kist community.

4. The source mentioned a case from 2019 in Pankisi Gorge, where two families had been building up

tension. A member of one of the families was killed by a member of the other family. At first, the

families tried to solve the problems within their families instead of going to the police. However,

the police intervened proactively and in mid-September 2020 one of the accused was arrested by

the police.

5. The source described that the local Kist/Chechen community sees it as an act of betrayal to the

community if someone initiates a case with the local police in private conflicts instead of using local

alternative complaint mechanisms.

6. In private conflicts involving domestic violence the conflicts will mostly be handled within the

families or at the Council of Elders. The source assessed that approximately 90 % of the cases will

be solved through the Council of Elders. The police do not get involved in cases regarding domestic

violence. However, if a family approaches the police with a case, they are obliged by law to

investigate the case. According to the

sou e, the issue of the poli e’s i ol e e t i ases is u de

scrutiny by the media that will focus on how a case is handled if it is brought forward to the police.

7. When asked if the cases are handled properly by the police, the source emphasised that it is a

se siti e su je t a d that the e a e se e al epo ts f o the edia a d NGO’s that fo us o the

problematic situation on the rights of ethnic groups in Georgia. The source explained that even

though the police might handle a case in a proper manner, there are in general a lot of accusations

of iolatio s of the Kist/Che he o

u it ’s ights the poli e a d Go e

e t. The efo e, the

local Kist/Chechen community is very sceptical when it comes to the authority of the local police.

One of such case is the Temirlan Machalikashvili case which provoked lots of criticism from Kist

community.

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Protection of women

Whe asked a out o e ’s a ess to fili g a ase to the poli e i p i ate o fli ts, the sou e

stated that a Kist/Chechen woman would not initiate a case with the police, but she would go to

the local Council of Elders instead.

The i te lo uto des i ed that a ase ould usuall e i itiated at the Cou il of Wo e ’s Elde s

that would begin the negotiation with the parties and the Council of Elders. However, the source

did not have a lot of in-depth information on the process at the councils.

10.

A o di g to the sou e, the e is a lo al o a i the go e

e t’s offi e i Pa kisi Go ge, ho is

fo used o o e ’s ights i the a ea. The Cou il of Wo e ould go to he i su h ases.

Access to shelters

11. When asked about Kist/Chechen

o e ’s a ess to shelte s, the sou e e plai ed that the

Georgian State provides free shelters to all women. At the shelters, the women can get housing,

legal support, and social and psychological services. The shelters have a very active hotline where

women can call for advice.

12. The capacity at the shelters is challenged and there is an on-going discussion with donors to raise

additional funds for expanding the capacity. The source added that the main problem is the lack of

staff with social skills (e.g. social workers).

13. Women can stay protected in the shelters for several months, but many women are challenged

after leaving the shelters. Most women are struggling to find a place to stay afterwards and finding

a job can be very challenging. The source advised that many women ended up going back to their

families, due to pressure from a family member (e.g. husband or mother in law). When women are

at the shelters, they are protected from their family and all meetings between the parties are

supervised by staff from the shelters. However, despite of this many women will often go back to

thei fa il . The sou e oted that the o a ’s o ta t ith all pe so s outside of the shelte is

not monitored.

Public defender

14. When asked in what types of cases the Kist/Chechen community usually approach the public

defender, the source mentioned legal issues regarding property rights, economic rights and social

rights.

15. In private conflicts the local Kist/Chechen community is reluctant to approach the Public Defender

because they have a lack of trust in the system and a lack of knowledge about their rights. The

source described how the Kist/Chechen community is not accustomed to having Government

services provided to them and therefore they might not be aware of complaint mechanisms such as

the Public Defender.

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16. This interlocutor underlined that the local Kist traditions would also keep the Kist/Chechen

community from approaching the Public Defender in cases involving a private conflict because the

community has alternative ways of solving their problems.

17. The source did not have information on the prevalence of cases brought forward to the Public

Defender by the Kist/Chechen community. However, the source expected it to be limited.

Discriminatory treatment by the authorities

18. When asked if the Kist/Chechen community had the same access as other Georgian nationals to

seek the protection of the authorities in private conflicts, the source stated that it depended on the

legal status of the person in question.

19. If a person from the Kist/Chechen community has documentation of their legal status in Georgia,

they will have the same rights according to law as other Georgian nationals. However, if their status

is disputable, for example because they have obtained legal residency in Europe, they will have

trouble gaining access to residency when returning to Georgia. The main problems in gaining

residency in these cases are security issues and long processing times.

20. Kist/Chechen women have the same access as men to seek the protection of the authorities in a

private conflict. However, in general the women will be more reluctant to file a case with the

authorities. The source elaborated that women are often dependent on their husband and

therefore they do not feel empowered to go agai

st the fa il ’s ishes i ol i g the Geo gia

authorities in a conflict. In some cases, women are threatened by family members to remain silent.

Level of corruption

21. The source described how there are challenges to judicial independence in the whole country and

that this does not only occur in Pankisi Gorge. However, to the knowledge of this interlocutor, the

challenges are greater in political matters than in private conflicts. Corruption will mostly occur on

a high-level scale.

22. When asked if it is possible to influence judicial proceedings in Pankisi Gorge, the source stated that

it can be done on a case-by-case basis if someone has close links to the Government or Security

Services. The source had heard of a group of influential Kists who are involved in illegal activities in

the field of drugs transferred through the Gorge and this group had allegedly close ties to the

Security Services. However, the interlocutor noted that this was merely speculations. Furthermore,

the source did not have examples of corruption in private conflicts where criminal groups have

been involved.

23. The source does not believe that it is possible to influence the courts in a private conflict, unless it

involves a person who is influential in the area.

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A Western Embassy

Tbilisi, 23 September 2020

Complaint mechanisms and access to seek redress in private conflicts

1. When asked about general access to filing a case with the police for a person in a private conflict in

Pankisi Gorge, the source stated that the Kist/Chechen community had the same access as other

Georgian nationals. However, when it comes to access to government services the source noted

that it could be more difficult to access for linguistic minorities than religious minorities as the

Georgian national language policy stipulates that all Georgian official documents are in Georgian

and that Georgian government officials only speak Georgian, especially the younger generation of

officials. Since the Kists are Georgian speaking, the source had never heard of any problems in this

regard. The source has not seen any issues other than there may not be a large capacity of public

services in general in the Pankisi Gorge.

2. The source described how in general citizens of Georgia can approach the police with a case and

the police are obliged to investigate and refer the case elsewhere, if relevant. There is a special unit

within the Ministry of Internal Affairs called the Human Rights Division, which will determine if a

crime with any religious or discriminative motivation would get hate crime status. This interlocutor

had not observed such cases within the Kist community. Furthermore, the source mentioned that

historically there have been issues in filing a case with the police. However, the professionalism of

the police has improved over the past years with training and legal reforms. The problems are

nationwide and not specific to the Pankisi Gorge area.

3. The source had not seen any examples where Kist/Chechens from Pankisi Gorge approached the

police in private conflicts and described that the locals might approach local complaint mechanisms

instead.

Protection of women

4. The source did not have specific information about the situation of women in Pankisi Gorge, but

described the Kist/Chechen community as very isolated in general.

Public defender

5. The source did not have specific information on how and when the Kist/Chechen community would

approach the Public Defender. However, the source doubted that they would contact the Public

Defender in practice.

6. The source described how the Public Defender operates like a human rights observer and mostly

covers issues on governmental abuse, e.g. discrimination, violation of human rights etc. The Public

Defender can make recommendations on these matters to the government, but the government is

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not obliged to follow their recommendations. The PDO releases recommendations in yearly

reports.

179

Discriminatory treatment by the authorities

7. The source stated that according to the law the Kist/Chechen community has the same access to

seek protection of the authorities in private conflicts as other Georgian nationals, but in practice

the access can be limited due to capacity issues and the isolation of the community.

8. By some in government, the Kist/Chechen community is viewed as a security threat, because

historically some of the citizens have joined ISIS. However, the source did not have any information

on whether this affects the access to seek protection in private conflicts.

9. Under Georgian law, women have the same access to seek the protection of the authorities in

private conflicts as men. However, in practice the informal complaint mechanisms in Pankisi Gorge

can be an obstacle, and women tend to approach these mechanisms instead. The source did not

have any clear examples of this but stated that is was entirely possible.

Level of corruption

10. When asked if there are any challenges to judicial independence in Pankisi Gorge, the source did

not have specific knowledge on the matter. In general, the source believed that the level of

corruption in Georgia could improve.

11. The source had not seen cases where judicial proceedings in private conflicts where influenced by

parties or others with interest in the case in Pankisi Gorge. According to this interlocutor, problems

with corruption seemed to be found in cases that are politically sensitive or business related cases.

Corruption on lower level criminal cases is not seen wide scale, however, the source could not say

that it did not happen. In this regard, the source mentioned that a lot of funding was put into

Pankisi from international donors. The source did not have any information about the prevalence of

cases of corruption from Pankisi Gorge.

12. According to the source, it is possible to influence the courts in political cases for example in cases

regarding corruption.

13. The source had not seen examples of corruption in domestic violence cases but could not say that it

did not happen.

Alternative conflict resolution

14. When asked about which alternative conflict resolution mechanisms that exist in Pankisi, the

source stated that Pankisi Gorge is a very religious and isolated area and that the source would not

be surprised if the community had their own complaint system in place.

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Public Defender (Ombudsman) of Georgia,

Recommendations,

n.d.,

url

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15. The source described the Council of Elders as a historical organisation that consider themselves as a

conflict resolution mechanism. The Council of Elders cooperates with the Georgian authorities and

they have the authority to take up local cases at their own discretion. The Council of Elders also

does a lot of community outreach, but according to the source, the perception is that Council does

not have much influence with the younger generation of the community in Pankisi Gorge.

16. The source has not heard of cases regarding a blood feud in Pankisi Gorge.

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Georgian Young Lawyers Association

Merab Kartvelishvili, director of the Human Rights Programme and Mariam Svimonishvili, Analyst of the

human rights programme

Tbilisi, 22 September 2020

About the source

GYLA offers legal representation in Pankisi Gorge where they receive various types of complaints. In some

cases GYLA is representing people in the court, but GYLA can also draw up legal documentation or provide a

beneficiary with legal consultation.

The Human Rights Programme in GYLA focuses on four main issues: freedom of expression and media, the

right to equality and non-discrimination, social policy, human rights in criminal law. Moreover, the regional

office of GYLA frequently holds meetings with the community. However, due to COVID-19 GYLA has not been

active in the Pankisi Gorge in 2020.

Complaint mechanisms and access to seek redress in private conflicts

1. GYLA had no information about cases of private conflicts where the local Kists would approach the

police. The complaints from Pankisi Gorge are rare because their customary law forbids the

members of the community to seek legal remedy. Therefore, GYLA has had only a few cases over

the years from this region, which were mostly family disputes. The source described that the Kists

prefer to go to the Council of Elders in order to solve their internal issues. This is due to the fact

that the Kists feel that the police see them from the paradigm of security.

2. The source mentioned that the Council of Elders had a mediating role in Pankisi Gorge and

exemplified this by referring to at the conflict with the radio in Pankisi. Some of the Kists, including

the youth, demonstrated against the radio and expressed that they wanted to confront the owner

of the radio. However, the elders interfered in the conflict and urged the youth to discontinue the

use of violent language and threats against the owner of the Radio. The source noted that even

though the authority of the elders has been in decline in the past couple of years, it still plays an

important role in in the Kist community.

Protection of women

3. The source stated that many Kist women are very politically active in Pankisi Gorge. According to

GYLA, the women are participating in demonstrations and are often in the front line of such

activities. The women also organise a number of local of civil organisations.

4. GYLA mentioned that when it comes to private conflicts, women would probably be less active.

When asked about cases of domestic violence the source replied that they did not have any

detailed information in this regard, but the source opined that there were probably only few cases

of domestic violence in Pankisi Gorge. For example, during the last year, the regional office of GYLA

was addressed only by one woman, who was a victim of domestic violence. This could be the effect

of the customary law of the community, which forbids women to go to court or use other legal

remedies. The customary law also contributes to less activity of women in private conflicts.

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Discriminatory treatment by the authorities

5. According to GYLA, the Georgian authorities have harsh responses to problems within the Kist

community in Pankisi Gorge because they see the community from the paradigm of national

security.

6. In 2019, GYLA was involved in protests against the construction of a hydropower plant in Pankisi.

GYLA was aware of the issues regarding the hydropower plant before the demonstrations. The

regional office held several meetings with the members of the community, who shared their

concerns. As for the demonstrations, GYLA was mainly involved in advocacy giving

recommendations to the Government to peacefully resolve the problem.

7. In the conflict regarding the hydropower plant, the deputy minister of internal affairs and the local

police were directly involved in the negotiation process between the Kist community and the

Georgian authorities. However, despite the initial involvement in negotiation the government

subsequently decided to use massive police force in the Gorge. According to the source, the

situation escalated because the government failed to establish a dialogue with the locals. The

source believed that it would have been a violation of the law, if the Government had proceeded

with building the hydropower plant without the involvement of the local community.

8. GYLA has also been involved in another case in Pankisi Gorge regarding a local radio station and its

owner. There was an incident in Pankisi Gorge, where a group of Kists came to the building of the

radio

a d e uested that the adio stopped its oad asti g. The Kists disapp o ed of the adio’s

activities and information it disseminated. The protests escalated due to the fact that the radio was

the first media to broadcast a local story about a father and his son who were ethnic Georgians and

were wearing shorts in Pankisi. The father and the son came into a fight with local young Kists,

because the Kists believed that wearing shorts does not conform to their traditions.

9. The government has built a second police station near the border of Pankisi Gorge. According to

the source, there is no problem with building a police station in this area. However, the source was

critical on why the Government found it necessary to build a second police station at exactly this

place, since it might not have been necessary due to the crime statistics in this area.

10. At the legislative level, the Kists have the same right to seek government protection as any other

Georgian national. However, according to the source, the Kists have a lack of trust in the

authorities. The Georgian authorities perceive the local Kists as a part of a national security issue

and in this regard, the sourced opined that Kists might not feel as equal citizens and hence will not

feel that they would get the proper treatment of the authorities.

11. When asked if women in general have the same access to seek the protection of the authorities as

men, the source emphasised that if a Kist woman was to approach the police they would get the

same access to protection as any other Kist.

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Alternative conflict resolution

12. The source described that there is a non-state actor in Pankisi Gorge called the Council of Elders.

The local community can approach the Council in conflicts within the community. According to

GYLA, the Council of Elders is registered as an NGO and it does not have any state-recognised

judicial authority in Pankisi Gorge, but the Council can act as a mediator in conflicts, hold meetings

with the relevant parties and make public statements and recommendations. The Council of Elders

can impose sanctions in individual cases for the violation of customary law of the community. The

sanctions are mostly pecuniary, e.g. two sheep.

13. Currently, there are two Councils of Elders, which are in conflict with each other due to a difference

of opinion regarding various matters. The first Council has existed for several decades but

registered as an NGO over 15 years ago. The other one is rather new and consists of both elders

and the youth.

180

Furthermore, several years ago the Council of Women has been established. It

ad o ates fo o e ’s ights i the o

u it .

14. The source advised that if a local conflict is not a criminal offence and the parties agree, the Council

of Elders would step in and resolve the problem.

15. When asked who will resolve a case of domestic violence, the source stated that the Georgian

authorities would intervene, if the authorities became aware of a criminal offence happening.

However, the source opined that it was highly unlikely that Kist women themselves would contact

the police in such cases.

16. The source noted that the Council of Elders cooperates with the authorities and in most cases the

position of the Council of Elders would be aligned with the position of the government. However,

there were cases where the council had a different position than the authorities, which happened

in the case of Temirlan Machalikashvili.

The first Council of Elders is in the rest of the report referred to as the Council of Elders, the second Council

mentioned by GYLA is referred to as the

Salafists’

Sharia Court in the report.

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Transparency International

Online interview, 21 September 2020

About the source

The organisation monitors the level of corruption in Georgia, as well as the work in the fields of judiciary,

media freedom and elections. The organisation does not work with environmental issues and minorities,

although there are some crosscutting issues to these two areas. The source is a local chapter of the

Transparency International movement.

Complaint mechanisms and access to seek redress in private conflicts

1. The source stated that in general there is an equal access to filing a case with the police in Pankisi

Gorge as in the rest of Georgia with reference to the law. However, the source did not know the

specifics on how the access is for the Kist/Chechen community in Pankisi Gorge.

2. According to the source, the access to filing a case with the police can depend on what type of case,

i.e. what crime was committed. In private conflicts the police will usually not be involved whereas

in criminal cases the police will be involved. However, for smaller crime cases (e.g. theft) the police

will not address the case. Blood feuds qualify as a grave violation.

3. The police can initiate a case upon arrival at a crime scene or they can take up a case after a report

has ee filed di e tl ith the poli e o at the p ose uto ’s offi e.

4. When asked about access to the police in cases regarding conflicts with criminal groups, the source

stated that it is technically and procedurally possible to file a case with the police, but the source

did not have information on the actual situation in Pankisi Gorge. The source described that there is

a very traditional society in Pankisi Gorge with a very active Salafi community. However, the source

could not provide more information on the local Salafi community and added that their knowledge

on this topic was mostly based on media reports. There is a clear and easy procedure by law for

filing a case with the police and the source had not heard of any cases where the police had

rejected a case or was not able to follow up on a case.

5. Blood feuds and honour related conflicts occur in Pankisi Gorge as it does in other parts of Georgia

with minority communities. The source described that blood feuds and honour related cases are a

traditional way of solving conflicts within the Kist community. However, the source opined that

these cases do not happen often, and that their information on this subject comes from the media.

The police would act according to the crime committed and the source stated that there are

i st u tio s fo the poli e a d the p ose uto ’s offi e to fo us o ho ou elated ases.

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Protection of women

A o di g to the sou e, the e a e o ules u de Geo gia la that i pede o e ’s a ess to

justice in private conflicts. However, the source described that women in Pankisi Gorge might be

reluctant to file a case with the police due to cultural and religious norms.

7. In general, the police are handling cases involving women in private conflicts properly, but

according to the source there might be some cases involving women where the case is handled in a

less proper manner.

8. The focus on domestic violence is a priority in the whole country, but it remains a challenge

throughout Georgia. There are guidelines and directions for the police to follow in cases about

domestic violence, but according to the source, there might be instances where the police do not

follow the guidelines precisely. Some minor shortcomings might occasionally occur.

Discriminatory treatment by the authorities

9. When asked if the Kist/Chechen community has the same access as other Georgians to seek the

protection of the authorities in a private conflict, the source assumed that the general procedures

apply. However, the source did not have further information on the matter.

10.

The sou e stated that the e a e o egulato p o le s ega di g Kist/Che he o e ’s a ess to

seek protection. Ho

e e , i ge e al the i o ities’ o t aditio s a d eligious o s a e

problematic.

Level of corruption

11. The source stated that judicial independence is a problem everywhere in Georgia and not only in

Pankisi Gorge. According to the source, it is a very complicated issue. In Georgia, the judiciary is an

extension of the political agenda of the Government, which can affect the judicial independence,

but this is mainly an issue in political cases and not in minority cases.

12. In general, the courts are working independently and without the influence of others. However, the

professionalism of the judge and the quality of procedure can pose a problem in certain cases. In

high profile and politically motivated cases the Georgian judiciary is an extension of the

p ose uto ’s offi e.

13. The source stated that it is possible to influence the judicial independence in private conflicts if this

is in the interest of the ruling party. However, a Kist leader or another member of the Kist

community, who is not a member of the ruling party, would not be able to influence rulings by a

court in private conflicts.

14. In general, the level of corruption is very low in petty crime cases, but there remains a problem

with high level corruption throughout the country. The source described that high-level corruption

happens on a systemic basis.

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15. It is not possible to file a case about corruption to the Ombudsman, because it belongs under the

ju isdi tio of the P ose uto ’s Offi e a d the State Se u it Se i e. The State Se u ity

Service only

takes up cases at their own initiative and is dealing with cases against high-level officials. A case

ega di g o uptio

ust e filed at the p ose uto ’s offi e. The sou e stated that the e is a

backlog of cases, but that it is very difficult to monitor, because the system is not transparent. An

applicant does not have any rights during the proceedings and will not be involved in the process

unless the person qualifies as a victim.

16. When asked what the typical outcome is in the cases, the source replied that there might be a

proper investigation and raise of charges, but most cases will be piled on a shelf and nothing

happens.

Alternative conflict resolution

17. According to the source, there is access to customary conflict resolution with the Council of Elders

in Pankisi Gorge. The jurisdiction of the Council of Elders is very broad and involves honour related

cases, blood feuds, land disputes, etc. However, the source did not have information on what

procedures applies. The source did not know if the Council of Elders will take up cases involving

criminal groups.

18. In practice not every Kist will obey the Council of Elders and there are alternative authorities

consisting of Salafist groups. The source only had anecdotal information on this.

19. The source was not aware whether women could approach the Council of Elders. Furthermore, the

source opined that women might face difficulties in regards to the Council of Elders since it consists

only of men. However, the source could not provide more information and added that their

knowledge on this topic was mostly based on media reports.

20. The source had anecdotal information about the fact that the Council of Elders might cooperate

with the Georgian authorities in certain cases where the Government has an interest in the case.

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The Roddy Scott Foundation

Duisi, Pankisi Gorge, 24 September 2020

About the source

The foundation was set up in the name of Roddy Scott, a war journalist killed in the 2nd Chechen war. He

was killed in late 2002, and the foundation has been started by his parents, Robin and Stina Scott in

2008.The Roddy Scott Foundation gives English and computer classes to children, aged 10-16, in five villages

of the valley. All teachers are experienced local Chechens with degrees in English and teacher training. Over

the years, the NGO has had various donors. Presently, most of the activities are funded by the McLain

Association for Children.

The delegation met with three (female) teachers from the organisation.

Complaint mechanisms and access to seek redress in private conflicts

1. The foundation advised that Kists have access to file a case with the police, and they will do so, if

needed. The source added that it is possible to file a case in all types of cases, e.g. if there is any

form of crime, conflict, theft or domestic violence.

2. The foundation gave an example from 2019, where a family from a Pankisi village had a problem

with domestic violence. They asked the police to come and solve the problem. However, the source

noted that cases of domestic violence are very rare in Pankisi.

3. The source brought up a murder case where initially the police did not interfere and let the locals

deal with the case by themselves. However, the police subsequently got involved and closed the

case afterwards. The source advised that if someone is murdered the involved people would not go

to the police. On the other hand, the source added that the police will do their work if they

eventually get involved, but the Kists usually find a way to solve such cases at their traditional

courts without the involvement of the police.

4. When asked if there are any cases of blood feuds in Pankisi Gorge, the source replied that there are

examples of blood feuds in Pankisi.

5. The source also mentioned a recent case about Mutoshvili from November 2019, where a boy was

killed. The family to the murdered boy did not want to involve the police, because they wanted to

take their own revenge on the culprits. However, the police interfered and two people were

subsequently arrested for the murder.

6. The source mentioned yet another case from 2016-

. A hild as o ki g at his eigh ou ’s

place and suddenly something exploded, while he was working with a car. He was subsequently

take to a hospital, he e he died. The hild’s fa il asked the eigh ou to lea e the ou t , a d

they went to Germany. The neighbouring family is now living in Germany as refugees. According to

the source, the family cannot return to Pankisi, because they would then be killed. The source

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stated that this is how Kist tradition works. The police did not arrest anyone, because the kid died

due to an explosion which was believed to be an accident.

7. The source did not have any examples of cases that would be rejected by the police. The source

opined that the police will always act when a Kist applies for help.

Protection of women

8. The foundation advised that if a woman asks the police for help the police will respond. However,

Kist women would prefer not to involve the police when they have troubles. This is due to the Kist

traditional court system in accordance with the customary law called Adat. The source added the

local Kist community will always try to solve a problem using the local complaint mechanisms, even

if a woman involves the police. According to the source, there are not many cases where women

involve the police. If a woman is involved in a conflict, it will be sol

ed the o a ’s othe o

father using the local customary law Adat.

Access to shelters

9. When asked if Kist women have access to shelters, the source replied that they have not heard

about any Kist women who have sought protection at a shelter.

Discriminatory treatment by the authorities

10. According to the foundation, Kist men and women have equal access to seek the protection of the

police as other Georgian nationals. However, the source advised that the Kist community prefers to

resolve its problems within the community or family and therefore avoids contacting the police in

private conflicts.

Alternative conflict resolution

11. The foundation stated that the use of alternative conflict resolution depends on the conflict and

the family involved. In a majority of the cases, families prefer to approach the Council of Elders

instead of involving the police. In cases of robbery, the Kists would typically not be hesitant to file a

case with the police. However, this depended also on the family.

12. According to the foundation, the Kist families would generally not file a case of domestic violence

at the police. Especially if children are involved, the Kists would not want a parent to be arrested.

The families would instead approach the Council of Elders for a solution, e.g. if women were not

treated well, if they are discriminated against or in case of domestic violence. The families will then

discuss the problem and they will find a solution internally. Perhaps the person who was violent will

be given a fine or punished according to local tradition.

13.

The sou e opi ed that the i flue e of the Wo e ’s Cou il is e li ited a d did ot thi k that

Kist families would seek the help of this Council due to the Kist traditions and customs. However,

the source added that the Council is doing a great job.

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14. The source stated that the families would like their problems to be solved inside the families and

ot to e ade pu li . Ho e e , if a o a o a fa il applies to the Wo e ’s Cou il, the

Wo e ’s Cou il the a ts as a

mediator between the woman and the Council of Elders and

supports her during the whole process.

15. When asked if a woman could go to seek help at the Council of Elders, the source replied that there

are only few cases when this would happen. If it is a case where a woman has been abused, the

woman would not approach the Council of Elders herself. Instead, her male family members

–

typically her father or brother

– ill dis uss it ith the Cou il of Elde s a d the a ’s fa il

members. The men of the family will then find a solution internally. The Kist families are obliged to

obey the ruling of the elders. The source noted that if a woman goes back to her family she would

not be rejected. The Kist women are supported by their family.

16. In all cases women do not participate in the process of problem solving but their opinion and views

are always taken into account.

17. The source stated that there is a written code of law amongst the Kists in Pankisi Gorge. The old

version of the law code was held by one of the elders in a cardboard suitcase above a wardrobe.

18. The new one has now been distributed amongst the community so that the community knows

what the rules are.

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The Human Rights Education and Monitoring Center

Tbilisi, 22 September 2020

About the source

EMC works with ethnic minorities in Georgia and in other different areas such as promotion of tolerance,

equality and human rights. Furthermore, EMC works with religious and LGBT communities in Georgia. The

centre has been operating in the Pankisi Gorge for a long period of time.

In Pankisi Gorge EMC provides legal assistance on legislation and litigation including cases of discrimination

by the Georgian authorities and private individuals. Furthermore, EMC cooperates with the authorities

together with the Kist community for example when composing reports on the human rights situation in

Pankisi Gorge. One of their recent projects has been working with Kist women, who are spouses of foreign

fighters who went to fight in Syria. These women were contacted by a local NGO and the International

Committee of the Red Cross, who in turn provided medical and social services. EMC assisted the women in

obtaining legal documents, in particular, obtaining child birth certificates and receiving a state pension (for

children). EMC had identified four cases in Georgia, and yet another four cases, who are still in Turkey at this

point in time. The assistance to these women has been given since 2019.

Complaint mechanisms and access to seek redress in private conflicts

1. According to the source, from the legislative perspective the Kist community has the same rights as

everybody else in Georgia to file a case with the police. They are in this regard fully equal with the

rest of the Georgians. However, EMC has not conducted any research on access to justice in Pankisi

Gorge but in general, according to Georgian legislation, all citizens of Georgia have the right to go

to court. They also have the right to go to the police.

2. However, EMC stated that the actual access to file a case depends on a lot of different factors for

e a ple the Geo gia autho ities’ ie o the Kist/Che he o

u it as a pote tial se u it

threat. According to the source, the access depends on the content of the case. Sometimes the

police do not respond even though they see or become aware of an offense. The source had not

identified such a case directly, but stated that community members had often pointed out that

activists were attacked after the hydropower plant events and that the police did not react. In the

Kist community, it is also said that the police did not act properly during the murder of Mutoshvili.

The source added that this was the opinion of the community members and could not provide

more exact information.

3. Furthermore, some members of the community will not approach the authorities, because they

have a feeling of being monitored by the State Security Service, who perceives them as a potential

threat.

4. The source also described that the Kist community prefers to resolve their problems locally through

negotiation, unless it is a criminal offense. Therefore, whether a Kist will file a case with the police

would depend on the concrete case. In general most cases would be solved within the community

itself.

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5. EMC mentioned an example where the Kist community were actively protesting against the

Georgian authorities in the so-

alled Te i la Ma halikash ili ase. The P ose uto ’s Offi e of

Geo gia te i ated the i estigatio of this ase. Ho e e , EMC o ehalf of Ma halikash ili’s

family is litigating the case before the European Court of Human Rights. Another example was the

building of a hydropower plant in Pankisi that resulted in large scale protests against the Georgian

authorities. The local Kist/Chechen community was not satisfied with the Georgian

autho ities’

handling of the case since the community was not involved in the process.

6. According to EMC, there have been only two cases regarding violence within a family in Pankisi

Gorge. The EMC had in these cases given the Kists legal advice. However, the Kist women did not

want to go to the authorities with the cases, as they did not want to be identified. The source

stated that the last case was a few months old. According to EMC, women usually would file for

divorce in cases of family violence. EMC consider that there are no special and/or additional

challenges in respect to domestic violence in Pankisi Gorge. Moreover, EMC is criticising the

dominant discourse which consider Muslim communities as more oppressive or violent in respect

to women.

7. When asked if the source had encountered any cases involving criminal groups, the source advised

that criminal activities in Pankisi Gorge were thriving in the years just after the collapse of the

Soviet Union in the early 1990s. However, such activities are not visible anymore in Pankisi Gorge. It

is a very rare phenomenon now, according to the interlocutor. On the other hand, the source

opined that according to local activists after the case with the hydropower plant the government

had tried to encourage particular groups within the Kist community to make tension and social

unrest in Pankisi Gorge. The interlocutor stated that this is at least what members of the

community are talking about these days. However, the source emphasised that this information is

based on private conversations, and that there was no proof that the government had in fact tried

to create tension in the community.

Protection of women

8. EMC advised that the centre provided assistance to targeted groups in Pankisi Gorge through so-

called mobile units. The mobile units are present at hotels in the Gorge, where EMC can offer

advice to women on any subject of their choosing. EMC uses local supporters to inform the

community of their presence and hereby local women will be informed about which hotel EMC will

be staying at in Pankisi. The most prevalent types of cases are: divorce related cases, cases related

to registration of property (estates) and status of Georgian citizenship.

9. Most of the cases are related to divorce, but there are also cases of domestic violence. The source

advised that questions regarding family related issues including domestic violence are generally

stigmatised, not only in Pankisi but all across the country. EMC also mentioned that several of the

cases involved women with Russian citizenship, who approached the centre because they wanted

Georgian citizenship. However, dual citizenship in Georgia is very difficult to obtain and can only be

granted in very exclusive cases.

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10. The EMC noted that according to the local Kists, the Ministry of Internal Affairs and the police

forces under its control do not carry out their duties as they should in Pankisi Gorge. The local Kists

are of the opinion that cases, that should and could be handled by the local police, are instead

perceived as a matter of national security.

11. The source exemplified by highlighting a conflict between two families in Pankisi from November

2019. The conflict escalated and ended up with a man getting shot in the presence of the police.

Afterwards there was a feeling within the local community that the Ministry of Internal Affairs did

not handle the case properly and that the police failed to neutralise the situation.

12. Another example of improper treatment was during the demonstrations in 2019 against the

building of a hydropower plant, where the police arrested several local Kists and took them to the

police station for questioning. Before the large scale demonstrations took place, the police tried to

solve the conflict in the community by taking individuals in for questioning.

13.

Whe asked if the Kists’ ases i ge e al e e t eated p ope l

the poli e, the sou e ad ised

that it depended on the particular case and on the national interest of the state. In general, if a Kist

goes to the police with a private conflict such as family abuse, then this would be properly

investigated by the police.

14. The interlocutor had no information on whether specific cases where rejected by the police.

15. According to the source, the police had received special training in handling domestic violence and

the policemen are trained properly. Furthermore, the EMC has recommended the Ministry of

Internal Affairs to conduct training to protect the rights of women. However, the Ministry of

Internal Affairs does not provide special training on religion and culture of minorities. This is one of

the reasons of alienation between the law enforcement institutions and the Kist community.

Access to shelters

16. The source advised that Georgia has several shelters for victims of family abuse: Tbilisi, Telavi and

Signagi in the Kakheti Region, where Pankisi Gorge is located. According to the EMC, these shelters

are operated by the government. However, there are also private operated shelters in Tbilisi that

a e fu ded NGO’s.

17. The EMC advised that the biggest problems with the shelters were overcrowding. There have been

cases of women in need of a shelter but where there had not been enough space in the shelters.

Therefore these persons where relocated to shelters in other regions in the country. The source did

not have information about Kist women in shelters.

18. The shelters offer different services such as medical, psychological, and legal assistance. The

shelters have different training programmes for women. In general, a woman can stay in a shelter

for up to three months. It is possible to extend the stay for another three months.

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19. The source noted that women face a big challenge when they have to leave the shelter. This is one

of the reasons why women are avoiding shelters. The women face problems finding jobs and a

place to live. Therefore, there is a possibility they have to go back to their home or back to the

shelter again. The source also mentioned that the government can extend the period beyond the

three months in shelter, or the women could apply for a place in a private shelter, that is not

located in the Kakheti Region.

20. The source did not have information on how many women from Pankisi Gorge that were in need of

shelters in cases regarding family abuse.

21. With regards to pressure from family members of victims, the interlocutor noted that family

members do not know the exact location of the victim. The abuser is not allowed to maintain

contact with the victim. However, after the victim leaves the shelter she risks encountering the

abuser in the local community, which could endanger her.

22. The source further mentioned that the government also offered women access to government-run

crisis centres. These centres are frequented by women who are not in need of a shelter, but in

need of advice on different issues such as legal support etc.

Public defender

23. EMC advised that the PDO has an office in the Kakheti Region. There have been a couple of cases,

where Kists have approached the PDO. This happened in the Temirlan Machalikashvili case and the

case against the hydropower plant in the Pankisi Gorge, where there were accusations of political

pressure on the demonstrators.

24. According to the source, there have been several cases where the public defender had intervened

in Pankisi Gorge; however, it does not happen very often. EMC considers that the PDO should

strengthen their work in the minority regions.

25. The source had no information on cases regarding private conflicts.

Alternative conflict resolution

26. There is a Council of Elders, which was formed in 2012.

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The Council of Elders is approached in all

private conflicts in Pankisi Gorge, for example in questions of land disputes. Such questions will be

resolved by negotiations within the community itself. The source added that the Council of Elders

will not take up a criminal case. The Council of Elders would typically intervene in private cases

between two families. It was not the opinion of the source that the Council of Elders would accept

cases regarding private conflicts such as domestic violence.

181

The Cou il of Elde s as ot fo

ed i

, ho e e , the Wo e ’s Cou il as fo

ed i

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27.

The EMC fu the oted that a Wo e ’s Cou il also e isted. This Cou il fo uses o o e

elated issues su h as o e ’s pa ti ipatio i pu li affai s. Cases

regarding physical abuse will be

referred to the police.

28.

The sou e did ot ha e a i fo atio o the fo al p o edu es of the Wo e ’s Cou il ut

informed that the council comprised of elderly and middle-aged women.

29. EMC regularly met with the local

Wo e ’s Cou il. EMC had et the Wo e ’s Cou il e e tl i

connection with cases regarding four ISIS women who was waiting to be repatriated back to

Georgia from Turkey. During these meetings, the members of the Council discussed the family

related issues that could arise when the women return.

30.

A o di g to this i te lo uto , the Cou il of Elde s a d the Wo e ’s Cou il ould i pa ti ula

cases cooperate with the authorities, although this will not happen regularly. In regards to criminal

cases, the source advised that such cases would involve the authorities from the very start.

31. Within the Kist community, Islam is represented by two branches: Sufi, considered as belonging to

a more traditional Islam and Salafists. There are peacefully practising Salafists in Pankisi Gorge and

the majority of the locals are sharing a peaceful understanding and practice of Islam. Salafi jamaat

is quite active and well organised and is providing not only religious, but also social support.

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A Non-Governmental Organisation

25 September 2020

About the source

The source is a Non-Governmental Organisation (NGO) working to improve the economic situation for

vulnerable groups, women and youth in Pankisi Gorge. The NGO is also providing legal assistance. The

activities are funded by various donors, but lately mainly by the EU. The delegation met with the director.

Complaint mechanisms and access to seek redress in private conflicts

1. The source advised that in general the members of the Kist community have access to file a case

with the police and seek the assistance of the authorities as any other citizen in Georgia. However,

there are some disputes that the Kists prefer to solve themselves within the community, e.g. land

disputes, domestic violence cases and criminal cases. It is very rare that a Kist approaches the

police with these issues, because they prefer to approach local complaint mechanisms instead and

therefore the police are usually not involved in the complaint and decision process.

2. According to the NGO, cases of blood feuds would also be solved within the community itself. In

such cases the Council of Elders would be involved and try to solve the feud between the families.

The source referred to a recent conflict in 2019 between the two large teips (family names)

Mutoshvili and Kavtarashvili. A man from the Mutoshvili family died during this conflict.

182

3. The source stated that in general a Kist would not file a case with the police in conflicts with

criminal groups. However, the police would investigate the conflict if such a case was brought

forward to the police. The source had no information about criminal groups in Pankisi Gorge.

However, in the 1990s and early 2000s there were a lot of cases where the Kist community had

connections with criminal groups. These criminal groups worked in the field of smuggling of drugs

and human abduction.

4. When asked if the police would reject a case from a Kist, the NGO noted that the police would

al a s t to sol e the Kist’s p o le s he asked to

do so. The source could not remember any

incidents where the police had rejected a case, and added that they would investigate all enquiries

properly. According to the source, the police are loyal to the Kist community; they support the

community and try to avoid conflicts with the Kists.

Protection of women

5. The source noted that Kist women would rarely approach the police in private conflicts. However,

the NGO knew of two cases where women, who had been victims of domestic violence, filed a case

with the police. The first case happened in 2017, where the neighbour to the woman called the

police. The police issued a restraining order to the husband. Furthermore, the source added that

the Council of Elders were also involved in this case and decided to support the woman; the

husband subsequently moved to Chechnya.

182

Civil GE,

Man Dies after Locals Clash in Pankisi,

27 November 2019,

url

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6. The other case also took place in 2017 and involved a woman contacted the police in order to get

her own part of the estate after she divorced her husband. The woman was able to obtain a legal

claim to a part of the estate through a Georgian court ruling. However, afterwards the Council of

Elders ruled against the decision from the court, deciding that she could not own any real estate,

because she was a woman and therefore, according to Kist traditions and customs, was not allowed

to own property. The woman now lives with her parents. The source emphasised that the woman

as allo ed the Cou il of Elde s to li e ith he so at he hus a d’s house, ut the o a

prefers to live with her parents because of the traditional impact by locals.

7. In general, the source advised that the police would try not to engage in local conflicts, but if

approached they would try to solve whatever problem at hand. Therefore, the police will not

intervene in cases regarding private conflicts where the Council of Elders are involved.

8. If a woman lodges a complaint with the police, they will inevitably respond to that complaint.

However, in the above-mentioned case, the woman no longer appealed to the police for help

because of local traditional impact.

9. Based on the limited number of cases where women had approached the police the source was not

aware of any cases rejected by the police.

Access to shelters

10. According to the source, the Kists have access to shelters. The NGO offers advice to women on

access to shelters. Furthermore, the police can also refer women to shelters. The source noted that

there are no shelters in Pankisi Gorge, but was aware of two shelters in the Kakheti region: One in

Telavi, and one in Gurjaani. However, the source stated that according to UN women in 2016 there

were five shelters in Kakheti Region.

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The source was aware of two cases, where the police helped

Kist women gain access to shelters. One case happened in 2017, and the other in 2014.

11. When asked about the capacity at the shelters, the source replied that the capacity varies from

shelter to shelter. The source was aware of some capacity issues at smaller shelters, where

accommodations were limited e.g. one shelter can only accommodate 15 persons. However, the

source did not have detailed information about the capacity at the shelters, but the NGO had not

been in contact with women who felt uncomfortable at the shelters.

12. The source noted that a woman can stay at a shelter for two months and in some cases up to a

ea . The le gth of the sta ould depe d o the shelte ’s ules a d i side p o edu es a d a

differ if a woman has a child with her. However, the source did not have detailed information about

it, but stated that it depends on the case and situation of the victims.

183

UN Women Georgia,

More Shelters for Victims of Domestic Violence in Georgia,

5 April 2016,

url

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13. When asked if a woman would feel any pressure from a spouse or a family member, the NGO

stated that this will not happen. The source stressed that a Kist woman will not be able to return to

the community, if she approaches the police and ask for support, e.g. access to a shelter, due to the

local traditions and customs of the Kists, which restrict women to go to the authorities for help. The

conflict must be decided within the community itself without the involvement of the Georgian

authorities.

14. The source elaborated that if a Kist woman approaches the police or goes to a shelter because of a

domestic violence problem she will not be allowed to return to her community. The source

exemplified that, if a woman betrays her husband and family she will be expelled from the Kist

community. Besides such cases and decisions by the community the source stated that nowadays

there are cases where such women return to the Kist community after several years.

Public defender

15.

A o di g to the sou e, the PDO is e a ti e i Pa kisi Go ge. The PDO’s egio al e t e

conducts informational meetings with the Kist community. However, the PDO is usually not

involved in private conflicts, because the Kists prefer to solve their problems by themselves within

the community. The source did not know of any cases, where the Kists had approached the PDO.

Discriminatory treatment by the authorities

16. The interlocutor advised that Kists men and women have the same rights as any other Georgian

citizen and they would be treated by the police the same way as other Georgians. However, in

general, the Kist community are not involving the authorities due to local traditions and customs.

Level of corruption

17. The source had no information about corruption cases in Pankisi Gorge. The source speculated that

during the demonstrations against the hydropower plant there were rumours within the Kist

community about some Kists receiving a bribe from authorities to support the hydropower plant.

However, the source did not have any exact information and opined that cases like these happen

rarely.

Alternative conflict resolution

18. According to the source, there are two local complaint mechanisms in Pankisi Gorge: the Sharia

court and the traditional Council of Elders. The source stated that the Salafists in Pankisi Gorge

would never approach the Council of Elders. Instead they will go to the sharia court to solve their

problems.

19. The source stated that women were able to approach the Council of Elders and the Council is

o liged to liste to the o e ’s o plai ts. As a e a ple, the sou e e tio ed that if a o a

wants a divorce, she will need to present an agreement with her parents stating that the family will

allow their daughter back. However, according to local traditions and customs, the woman will not

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gain custody of her children, which results in many women leaving the country after a divorce

instead of approaching the Council of Elders.

20. The source noted that they are implementing projects where they raise

issues su h as o e ’s

ights a d hild e ’s ights fo the e efit of lo al o e i the o

u it . The NGO also i fo s

about the possibility to go to a state court and obtain child custody in divorce cases. The source

works to empower women so they can act and use their rights to obtain child custody.

21. However, the women would often have to leave Pankisi Gorge afterwards. The source exemplified

that if divorced women from Pankisi have problems with child guardianship, they prefer to leave

Pankisi Gorge and move to Europe. If single women have economic problems in Pankisi Gorge, they

also prefer to leave.

22. The source knew of two cases where women had gone to the state court in order to obtain child

custody. In these cases, the Georgian authorities will help the woman. However, Kist women often

do not use this possibility due to the local traditions in the Gorge.

23. The source stated that the Council of Elders is very influential and effective in families who follow

traditional Islam. However, the source noted that it is better to empower Kist women so they could

go to the court and decide their cases according to Georgian legislation.

24. According to the NGO, the Council of Elders are effectively cooperating with the authorities. The

source mentioned that during a conflict, the authorities would meet with the Council of Elders and

discuss the different views on the issue at hand, for example in problematic issues such as

construction of hydroelectric power stations and the Temirlan Machalikashvili case.

25. The sou

e des i ed that i

a Wo e ’s Cou il o p ised of

ell-respected

women was

established in Pankisi Gorge. This council assists women in resolving disputes, provides them with

a ess to legal a d so ial aid, a d o ks o o e ’s ights. Mo eo e , the Wo e ’s Cou il a ts

as a ediato et ee o e a d the Cou il of Elde s i o de to suppo t o e ’s positio

during discussing family disputes. For example they would discuss and prepare a case put forward

by a woman, and present the case to the Council of Elders on behalf of the woman.

26.

Fu the o e, the Wo e ’s Cou il a ti el o ks ith the Cou il of Elde s i o de to ode ise

Muslim Family Law by which the residents of the Pankisi Gorge are locally governed so that it

reflects gender equality

a d uses ode te i olog . The Wo e ’s Cou il i ple e ts diffe e t

projects in Pankisi to support empowerment of women living in a Muslim community.

27. The source recalls a case from 2018, where a woman had lost the right to see her own son.

However, afte

o sultatio s ith the Wo e ’s Cou il, the ase as de ided the Cou il of

Elders and she reacquired her right to see the son three days a week.

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A Local Kist Non-Governmental Organisation

Duisi, 24 September 2020

About the source

The local Kist NGO was founded in 2019. The main idea behind the NGO is to unite local young Georgians

and Kists by having both ethnicities represented in the leadership of the organisation. The aim is to

overcome problems between the two ethnicities in Pankisi Gorge. The NGO is also working on promoting

o e ’s rights i Pa kisi Gorge. There are 15 illages i Pa kisi Gorge, three of the are

Georgian and

twelve are Kist.

Complaint mechanisms and access to seek redress in private conflicts

1. When asked about the access to file a case with the police, the source explained that the access to

file a case is the same for all ethnic Georgians and Kists. However, the local Kist community is not

aware of their rights to access Government services such as the police and they do not know how

to approach the police.

The source explained that the police have a local office in Pankisi Gorge. However, according to the

source, the police are not working pro-actively in Pankisi Gorge and the local community do not

trust the police to solve their conflicts. As an example, the source mentioned that in 2019, there

was a demonstration against the construction of a hydropower plant where the police tried to

blame the locals for the escalation. According to the source, the situation escalated, and one

person was killed in front of two police cars. The murder was committed by a group of local people

who was believed to be created by the authorities and the local police in order to create tension

and conflict within the community. The group that was responsible for the killing consisted of 13

people but only two of them were convicted after the murder. They have received prison sentences

of 9 and 11 years. All the involved parties were Kists.

3. These kinds of organised groups have been in Pankisi Gorge since the 1990s. According to the

source, the government was actively cooperating with criminal groups shortly after the Rose

Revolution, where these groups have been working as non-formal authorities in the area. In the

period after the Rose Revolution there were no incidences of violence against the local people in

the community. However, since the incident with the hydropower plant the situation has changed.

The source explained that nowadays, the locals fear the involved group as they believe it is created

by the government and the local police and therefore is acting with impunity and carry guns.

According to the source, the main objective of the group has been to gain local support to build the

hydropower station through fear.

4. The source opined that the father of the killer, who was chair of the local group, went to the police

and told them that his son was planning a murder. The police assured the father that they were

a a e of the situatio a d ead to espo d. Ho e e , it as the sou e’s

opinion that the Ministry

of Internal Affairs had instructed the police to remain passive in case the demonstrations within the

community escalated. The source stated that the killing took place in front of two police cars on the

main road and that the incident was caught on a surveillance camera from a nearby store.

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The sou e e tio ed that i August

the i ti ’s othe t ied to seek e e ge ope i g

fire towards the house of the perpetrator. The source opined that the court might issue a sentence

of 16-24 years of imprisonment for attempted murder. The source stressed that this was an

example of using the law selectively because the killer, who was supported by the police, was only

imprisoned for 11 years. The source gave the reason that the victim was against the hydropower

plant.

6. According to the source, the locals do not trust the police. The source mentioned an example from

a fe ea s ago he e the edu atio al e t e as set o fi e due to a o e ’s ights a paig .

The source described another example where a group of Salafists burned down a Christmas tree,

because the Salafist do not celebrate public holidays. The police were involved in the case but

concluded that no crime was committed and that the tree burned down due to an accidental

electrical problem. According to the source, everyone knew that the Salafists had burned down the

tree, because they spoke openly and proud about it, and therefore the trust in the police was

compromised.

The o sta le to itize ’s pa ti ipatio i i i

life in Pankisi Gorge is lack of employment. The source

opined that the high unemployment rate among the youth in Pankisi Gorge is one of the

contributing factors as to why they are subjected to stereotyping from local authorities and the

government, who might perceive them as terrorists.

8. When asked about whether the police handle cases properly and how often the police will reject a

case, the source mentioned that it is perceived as shameful within the community to involve the

police in cases concerning local or small conflicts. The majority of people would therefore resort to

local complaint mechanisms in order to solve conflicts. Furthermore, the source stated that there

could be a long processing time, if a Kist decides to approach the police in a private conflict.

Protection of women

9. The source described that there are two groups of Kist women: the ones that wear hijab and the

ones that do not. The rights of these women are different. The source stated that Sufi women are

active in social and public life while most of the Salafi women are not participating in the activities

within the community. In general it is difficult to be a Muslim woman in Georgia regardless of

whether being a radical Salafist or Sufi woman.

10. The source explained that in cases of sexual violence the local community would blame the woman

for being exposed to sexual violence and therefore Kist women would not approach the police but

would prefer to remain silent The source described that sexual violence is happening in Pankisi

Gorge

e ause of lo al t aditio s a d e ’s ie o ge de oles.

11. The source explained that even if a woman approaches the police and files a case of sexual violence

she risks being blamed for the crime. The source mentioned an example from a couple of years ago

where a woman filed a case with the police, because she was a victim of a sexual violence. The

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police officer asked the woman not to file a case and to remain silent, because it would be

perceived as shameful.

12. When asked if the police had received any special training in handling cases regarding women

exposed to violence in familiar relationships, the source repeated that women do not approach the

police because she would be blamed for the crime committed. In some cases the police would

arrest the offender, but the woman would be in a very vulnerable position in the community due to

societal attitudes towards women exposed to sexual violence. If a woman would choose to go to

the police, her life in the Gorge is finished. Therefore, Kist women prefer to remain silent. The

source mentioned that one training of the police has been conducted by a local NGO and the local

Wo e ’s ou il. Ho e e , it as e diffi ult fo the NGO to pe suade the Mi ist of I te al

Affairs to allow the training. The source opined that it is important for the local police officers to

take part in the training. However the attitude from the police was not cooperative.

Access to shelters

13. The source was aware of a case from 2017-18 where two women from Pankisi were subject to

violence from an uncle. They went to a shelter in Tbilisi and are now rejected by the local

community in Pankisi Gorge, because they involved the authorities in the conflict. They will never

be able to go back to Pankisi.

Alternative conflict resolution

14.

The sou e i fo ed that the e is a Wo e ’s Cou il i Pa kisi Gorge

that supports local women in

private conflicts. The Council was created by a local NGO in 2011 and it functions as a mediator

et ee o e a d the Cou il of Elde s. The Wo e ’s Cou il as eated e ause o e

cannot speak of their personal lives and about intimate situations in front of men in Pankisi Gorge.

The source did not have details about specific cases but mentioned that most cases have been

a out di o e a d hild ustod . The Wo e ’s Cou il a ot ake de isio s i p i ate o fli ts,

because only men are allowed to do so.

15. According to the source, the Council of Elders is a highly respected organ and is used by Kists.

Cu e tl the a e o ki g o ha gi g Adat togethe ith the Wo e ’s Cou il.

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Appendix B: Sources consulted

Ombudsman/the Office of the Public Defender of Georgia (PDO)

State Minister of Georgia for Reconciliation and Civic Equality (SMRCE)

The Council of Elders in Pankisi Gorge

Kakheti Police Department in Telavi

A Diplomatic Source

A Western Embassy

Georgian Young Lawyers Association (GYLA)

Transparency International (TI)

The Roddy Scott Foundation

The Human Rights Education and Monitoring Center (EMC)

A Non-Governmental Organisation (an NGO)

A Local Kist Non-Governmental Organisation (a local Kist NGO)

UUI, Alm.del - 2020-21 - Bilag 53: Orientering om ny rapport om etniske kister i Georgien, fra udlændinge- og integrationsministeren

GE O R GI A

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CO MP LA IN T ME C HAN IS M S F OR THE K IS T CO M MUN I T Y

Appendix C: Terms of reference

Situation of the Kist community and Chechens in Georgia

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Complaint mechanisms and access to seek redress

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In particular in private conflicts regarding

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Women

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conflicts in family

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Conflicts with criminal groups

Discriminatory treatment by the authorities

Level of corruption

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Alternative conflict resolution in Pankisi Gorge