×

Cookie Consent

This website uses cookies or similar technologies, to enhance your browsing experience and provide personalized recommendations. By continuing to use our website, you agree to our Privacy Policy

Digital Object Identifier
doi.org/10.36475/L.A.W.14
Abbreviated Title
L.A.W.
Issue
Online version
Print version

In This Article

    Abstract - Journal Law and World

    Volume 8, Issue 2

    Analysis of the Report of Data (OctoberDecember 2020) on Crime of Intolerance Committed on the Grounds of Discrimination

    Authors: Nati Gelovani

    Nati Gelovani

    PhD student at the Faculty of Law and Social Sciences of East European University

    Email: nnatigelovani@gmail.com



    Affiliation: PhD student at the Faculty of Law and Social Sciences of East European University

    Abstract: The Constitution of Georgia guarantees the principle of equality of all human beings and the prohibition of discrimination on any grounds. It is this principle that is the highest guarantee to the use of all effective mechanisms to combat crimes of intolerance committed on the groundsdiscrimination. Furthermore,, the criminal procedure legislation enshrines an obligation of a comperhensive investigation of a crime committed on the grounds of discrimination. Georgia has an obligation to produce statistics on crimes of intolerance committed on the grounds of discriminationunder international treaties and acts. The production of this category of statistics will, on the one hand, help the state to plan a correct, unified policy to effectively combat crimes of intolerance committed on the grounds of discrimination, and on the other hand will enable stakeholders to obtain information on the prevalence of this category of crime. About: what is a main category of a crime committed with a motive of hatred; What is the courts approach to this category of crime; What kind of sentences is used in the main case by the court and other relevant issues. Until 2020, Georgia did not have a unified mechanism for producing statistics on crimes committed on the grounds of intolerance of discrimination. This information was collected in a fragmented and minimal manner (recording the number of cases initiated in the investigation, the number of persons prosecuted and the number of judgments rendered by the court). These data did not provide a complete picture for a wide range of assessments of this category of crime, which led to the need to develop a unified statistics memorandum. The paper is an attempt to study this issue in more detail and to analyze the first published unified statistical data.

    Keywords: Crime of intolerance committed on the Grounds of Discrimination, Statistical Information, Practice,


    Language: GE

    views: 10748
    Download




    Bibliography:

      Georgian Literature:

    1. Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis October-December 2020, 2021;
    2. European Commission Against Racism and Intolerance, Report on Georgia, 2016;
    3. Decision № 73235/12 of the Committee of Ministers of the Council of Europe, 2 December of 2021;
    4. Memorandum of Cooperation on Collection of Data on Crimes Committed on Crounds of Intolerance With Discrimination Basis and Publishing a Joint Report, 2020;
    5. Criminal Code of Georgia, date last edited: 31.12.202.

      6. Foreign Literature:

    6. OSCE Ministerial Council, Decision No. 9/09 on Combating Hate Crimes, OSCE Ministerial Council, Athens, 2009; (In English)
    7. OSCE/ODIHR, Hate Crime Caws a Practical Guide, ODIHR Publishing, Warsaw, Poland, 2009; (In English)
    8. OSCE/ODIHR, Hate Crime Reporting, 2020; (In English)

    Notes:

    1. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    2. OSCE/ODIHR (2020). Hate Crime Reporting, 2020, https://hatecrime.osce.org/georgia [Last Seen: 13 May, 2022]
    3. Universal Declaration of Human Rights (1948), European Convention on Human Rights (1999), International Covenant on Civil and Political Rights (1994), International Covenant on Economic, Social and Cultural Rights (1994), Convention on Discrimination in Labor and Employment (1960), and etc.
    4. OSCE/ODIHR (2010) Hate Crime Caws a Practical Guide, ODIHR Publishing, Warsaw, Poland, 2009, p. 16, https://www.osce.org/files/f/documents/3/e/36426.pdf [Last Seen: 13 May, 2022]
    5. OSCE/ODIHR, (2010) Hate Crime Caws a Practical Guide, ODIHR Publishing, Warsaw, Poland, 2009, p. 17, https://www.osce.org/files/f/documents/3/e/36426.pdf [Last Seen: 13 May, 2022]
    6. Criminal Code of Georgia, Articl 2391 , date last edited: 31.12.202.
    7. Coe (2016). European Commission Against Racism and Intolerance, Report on Georgia, 2016, § 48, https://rm.coe.int/fourth-report-on-georgia-georgian-translation-/16808b5775 [Last Seen: 13 May, 2022]
    8. OSCE Ministerial Council (2010). Decision No. 9/09 on Combating Hate Crimes, OSCE Ministerial Council, Athens, 2009, p. 1, https://www.osce.org/cio/40695 [ Last Seen: 13 May, 2022]
    9. OSCE Ministerial Council (2010). Decision No. 9/09 on Combating Hate Crimes, OSCE Ministerial Council, Athens, 2009, pp. 2-3, https://www.osce.org/cio/40695 [ Last Seen: 13 May, 2022]
    10. National Statistics Office of Georgia (2020). Memorandum of Cooperation on Collection of Data on Crimes Committed on Crounds of Intolerance With Discrimination Basis and Publishing a Joint Report, 2020; https://www.geostat.ge/media/35290/%E1%83%9B%E1%83%94%E1%83%9B%E1%83%9D%E1%83%A0%E1%83%90%E1%83%9C%E1%83%93%E1%83%A3%E1%83%9B%E1%83%98--GEO.pdf [Last Seen: 13 May, 2022]
    11. National Statistics Office of Georgia (2020). Memorandum of Cooperation on Collection of Data on Crimes Committed on Crounds of Intolerance With Discrimination Basis and Publishing a Joint Report, 2020; 2, Articl 1.1. https://www.geostat.ge/media/35290/%E1%83%9B%E1%83%94%E1%83%9B%E1%83%9D%E1%83%A0%E1%83%90%E1%83%9C%E1%83%93%E1%83%A3%E1%83%9B%E1%83%98--GEO.pdf [Last Seen: 13 May, 2022]
    12. National Statistics Office of Georgia, (2020). Memorandum of Cooperation on Collection of Data on Crimes Committed on Crounds of Intolerance With Discrimination Basis and Publishing a Joint Report, 2020; 2, Articl 1.2. https://www.geostat.ge/media/35290/%E1%83%9B%E1%83%94%E1%83%9B%E1%83%9D%E1%83%A0%E1%83%90%E1%83%9C%E1%83%93%E1%83%A3%E1%83%9B%E1%83%98--GEO.pdf [Last Seen: 13 May, 2022]
    13. The appendix sets out an obligation for each agency to collect what kind of statistics it will collect, for example the Ministry of Internal Affairs collects information: what article launched an investigation into a crime of intolerance, where it took place, or what sign of discrimination was identified. The General Prosecutor's Office collects data on how many persons have been found guilty or victimized for crimes of intolerance on the grounds of discrimination, under what article and so on. While the Supreme Court collects statistics related to the sentencing, how many persons have been convicted, for which offense, for which offense of discrimination, and so on.
    14. National Statistics Office of Georgia, (2020). Memorandum of Cooperation on Collection of Data on Crimes Committed on Crounds of Intolerance With Discrimination Basis and Publishing a Joint Report, 2020; PP. 2-3, https://www.geostat.ge/media/35290/%E1%83%9B%E1%83%94%E1%83%9B%E1%83%9D%E1%83%A0%E1%83%90%E1%83%9C%E1%83%93%E1%83%A3%E1%83%9B%E1%83%98--GEO.pdf [Last Seen: 13 May, 2022]
    15. European Court of Human Rights (2021, 2 December). Decision № 73235/12 of the Committee of Ministers of the Council of Europe, 2 December of 2021, https://hudoc.exec.coe.int/eng#{%22EXECIdentifier%22:[%22CM/Del/Dec(2021)1419/H46-14E%22]} [Last Seen: 13 May, 2022]
    16. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 3 https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    17. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 3, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    18. It should be noted that in Criminal Cases Initiated During the Reporting Period in Other Territorial Units, the Motive of Intolerance on the Grounds of Discrimination was not Identified. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 3, [Last Seen: 13 May, 2022]
    19. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 3, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    20. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 3, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    21. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, pp. 4-20, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    22. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 3, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    23. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 4, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    24. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 4, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13.05.2022]
    25. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, pp. 4-5, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    26. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 5, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13.05.2022]
    27. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, pp. 5-8, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    28. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 12, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    29. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 13, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13.05.2022]
    30. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 14, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    31. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, pp. 15-16, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13.05.2022]
    32. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, pp. 15-16, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    33. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 19, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13.05.2022]
    34. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 20, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    35. National Statistics Office of Georgia, (2021, March). Joint Report of Data on Crimes Committed on Grounds of Intolerance With Discrimination Basis, October-December 2020, 2021, p. 7-8, https://www.geostat.ge/media/36779/diskriminaciis-nishnit_2020_IV.pdf [Last Seen: 13 May, 2022]
    Publication Fee
    Free-of-charge
    Editor in Chief
    Ioseb Kelenjeridze
    Publishing Language
    English
    Georgian

    dealSeal

    Copyright ©2022 All rights reserved