Georgia. Domestic violence and sexual violence by partner or husband - Labirint
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Georgia. Domestic violence and sexual violence by partner or husband

    Georgia. Domestic violence and sexual violence by partner or husband

    We have collected instructions, recommendations and contacts, which can help you in the chosen country and situation

    01. Call the Police

    — What should I do if I am in danger and need emergency help?

    You can call the police by dialing 112.

    There is also a 24-hour hotline on violence in the country. Number — 116 006.

    On-line specialists provide information in eight languages: Georgian, English, Russian, Turkish, Azerbaijani, Armenian, Arabic and Persian.

    In addition, in Georgia there is the Public Defender (Ombudsman) for Human Rights and Freedoms. It has a 24/7 hotline where you can call and file a claim or complaint. The number is 14 81.

    — Do I need documents to call the police?

    No, the police should help you even if you do not have any documents with you.

    If I have any migration issues (e.g., visa overstay), is it safe for me to call the police??

    If you are staying in Georgia with migration issues and call the police, under the law, you cannot be evicted until the legal proceedings are over and for the duration of receiving any domestic violence services (such as placement in the shelter). Once these are over — the chances are that an administrative case might be initiated. 

    For an alien or a stateless person is a survivor, a temporary residence permit shall be issued for him/her as provided for by the legislation of Georgia based on the recommendation of a survivor service provider or of the authority in charge of the proceedings. For an alien or a stateless person is a survivor, he/she may not be returned to the foreign country if it is assumed that in the case of return, his/her safety will not be protected and secured.

    — Can I say that I am a survivor of domestic violence? 

    Yes, you should explicitly say that you are a survivor of domestic violence and gender-based discrimination. Such cases are usually taken seriously.

    What should I say the police by phone?

    Describe the facts of the case and say that you are a survivor of discrimination based on sex or nationality — if this is the case. Also, ask for any protection measures you think will help you.

    How long will it take the police to come?

    Usually from 10 minutes to half an hour if you are in Tbilisi.

    — What should I do if police do not come?

    Call again on 112 and say that the police is not coming. If they still do not come, call 126 — which is the General Inspection of the Ministry of Interior. You can also contact NGOs (list is provided below).

    What should I say to police when they come?

    Tell them about the physical, psychological, sexual or economic violence you have experienced. State when exactly this happened. If this happened several times, explain how often it happened. Tell who did it to you. You can also ask the police to issue a restraining order for your immediate protection. You can also ask for eviction of perpetrator from home the house (even if it belongs to him) or ask that you and your children to be placed in a shelter.

    Will the police remove the perpetrator from the house?

    Yes — for the duration of restraining order, which is one month. If you ask for the protection order at the court — this can be issued for up to 9 months. Therefore, it is possible to remove the perpetrator from home for 9 months.

    Are there any restraining orders to contact the survivor?

    Georgia has restraining and protective orders. A restraining order is issued by the police for up to one month. A protection order is issued by a court for up to nine months.

    The restraining order will indicate the measures that have been taken against the aggressor. It could be:

    — A matter related to moving of an abuser from the house of a survivor, whether or not he/she is an owner of the house;

    — Separation of the survivor (as well as her children and relatives in her care) from the aggressor and their placement in a shelter,

    — Restriction of the aggressor’s right to use joint property at his own discretion,

    — Separation of an abuser from minor members of the family,

    — Restrictions on approaching the survivor, her working place, etc.,

    — Electronic surveillance,

    — Restriction or prohibition for the aggressor on the use of weapons and their acquisition, as well as the conditions for the storage or temporary seizure of weapons that he has,

    — Warning the aggressor in case of violation of the requirements.

    Other issues related to the safety of the survivor will also be explained there.

    — What happens after the court issues a restraining order?

    A restraining order shall enter into force immediately after its issuance. It shall be sent/served to a survivor or an abuser, and a counterpart of the restraining order shall remain in the issuing body.

    A survivor or an abuser may appeal a restraining order within 3 days after the order has been submitted/served to him/her.

    A perpetrator will be subjected to criminal prosecution for the failure to comply with the restraining order.

    What rights do I have?

    Under the Law on violence against women, survivor has such rights: 

    a) Apply to relevant state authorities with a request to issue a restraining or protective order, but where the conditions of the issued restraining or protective order are breached, with a request to respond to such breach;

    b) Apply to relevant state authorities, depending on the severity of the facts of violence against women and/or domestic violence, or where the conditions of the issued restraining or protective order are breached, with a request to use criminal mechanisms for identification and prevention of violence against women and/or domestic violence;

    b1) Request the imposition of electronic surveillance on an abuser in accordance with procedures established by this Law;

    c) Apply to the appropriate judicial authority and request compensation for the damages incurred because of violence against women and/or domestic violence;

    d) Receive compensation if the damages incurred as a result of violence against women and/or domestic violence are not covered in accordance subparagraph (c) of this paragraph and/or from other sources determined under this Law and other legislative and subordinate normative acts of Georgia for protection and provision of services to the survivor; (is effective from 1 January 2022);

    e) Enjoy staying in a shelter/crisis center and the services available therein;

    f) Receive free legal advice, free primary and emergency medical and psychological assistance upon the placement in the shelter/crises center;

    g) Enjoy the right to suspend labor relations during his/her stay at the shelter/crises center; the term of suspension shall not exceed 30 calendar days during a year;

    h) Apply to the relevant state authorities to receive temporary residence permit to stay in Georgia, if the survivor is an alien or a stateless person;

    i) Receive legal assistance at the public expense as provided for by the Law of Georgia on Legal Assistance;

    j) Enjoy legal and social protection mechanisms provided for by this Law and other legislative and subordinate normative acts of Georgia.

    — If I want to withdraw a complaint, can I do this? 

    Yes, you can. However, conciliation of the parties shall not hinder the issuance of the restraining and protective orders neither cause the termination of operation of the restraining and protective orders.

    What evidence is needed to bring a case against the abuser and prosecute?

    There is no requirement to have physical injuries for the perpetrator to be prosecuted. Witness statements about violence are generally enough. However, the kind of cases that are mostly prosecuted are the ones where physical injuries were found as a result of forensic examination.

    Legislation punishing the aggressor? 

    Georgian legislation provides punishment for sexual violence in the family and by an intimate partner. Such cases are considered under the following articles of the Criminal Code:

    — Article 126–1 (domestic violence),

    — Articles 117–126 (violence and physical injuries),

    — Articles 137–141 (sexual violence).

    You can read about them in details here. You can read in detail about the administrative measures that are applied to the aggressor during the proceedings (for example, restraining orders) here.

    02. Get medical help

    How to get medical help?

    You need to call 112.

    — Do I need documents to get medical help?

    You will get medical help based on any identification documents that you have. It will not be checked whether you’re registered in Georgia, or whether you’re residing in Georgia on a legal basis. But there is a charge for medical care.

    If I have migration issues (e.g., visa overstay), is it safe for me to ask for medical help?

    Yes, it is safe – medical staff will not check your migration status.

    What rights do I have?

    Right to confidentiality, right to quality treatment, right to privacy.

    What should I say to medical staff?

    Tell what injuries and pain you have. If you say that someone (e.g. your partner) beat you and therefore you have injuries – be aware that the medical staff will report this incident to the police. They might report even without your consent.

    If medical staff suspects that I am a survivor of crime, do they have to report to the police?

    Yes, they should do this.

    What happens if the doctors tell the police about me?

    Investigation will start in the case based on the report from a medical staff. You will be called to the police for questioning.

    03. Get in touch with a helping organization

    Which organizations can help?

    Georgian Young Lawyers’ Association (GYLA)

    Tbilisi, Uznadze st. 101. Tel: 032 299 50 76, email: legalaid@gyla.ge, website: www.gyla.ge 

    Union “Sapari”

    Tbilisi, Akaki Gakhokidze Street 11a. Tel: 032 230 76 03, email: unionsapari@gmail.com, website: www.sapari.ge 

    Rights of Georgia (formerly “Article 42 of the Constitution”)

    Tbilisi, Akaki Gakhokidze Street 11a. Tel: 032 299 88 56, email: office@rights.ge, website: www.rights.ge 

    Human Rights Center Tbilisi

    A. Gakhokidze Street 11a (former Gagarin 2 lane), III floor. Tel: (+995 32) 2 38 46 48, email: hridc@hridc.org, website: www.hridc.org 

    Partnership for Human Rights (PHR) 

    Tbilisi, Aleksidze 1, building №2, apartment 26. Tel: 032 233 13 56, email: info@phr.ge, website: www.phr.ge

    04. Useful apps 

    Safe YOU — app to protect women from violence, call police and connect with services) — to be downloaded through any smartphone.

    112 — is an app for the Georgian police.

    Link for iOS

    Link for Android

    Did our instructions help?

    When compiling the instructions, we relied on the help of volunteers and lawyers from different countries. If something went wrong — the organization didn’t respond to you, you found a bug or the instructions weren’t precise enough — tell us about it. Email us at: help@labirint.online

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