Group of Experts on Action against Trafficking in Human Beings (GRETA) released its third evaluation report on the ‘Access to justice and effective remedies for victims of trafficking in human beings’ in Georgia.

The report says Georgia continued to develop the legislative and policy framework relevant to action against trafficking in human beings following the second evaluation round.

GRETA notes that Georgia is primarily a country of origin and, to a lesser extent, a country of destination and transit of victims of trafficking in human beings. The total number of victims identified in the period 2015-2019 was 66. Until 2018, the majority of the identified victims were women trafficked for the purpose of sexual exploitation, but in 2019 all identified victims were Georgian children, trafficked for the purpose of production of child sexual abuse images or exploitation of begging.

GRETA considers that the authorities should take further steps to ensure that access to legal aid and the appointment of a lawyer are guaranteed as soon as there are reasonable grounds for believing that a person is a victim of human trafficking, before the persons concerned have to decide whether or not they want to co-operate with the authorities and/or make an official statement.

GRETA urges the authorities to take vigorous measures to facilitate and guarantee access to compensation for victims of trafficking.

GRETA considers that the Georgian authorities should take further steps to ensure that human trafficking offences for all forms of exploitation are proactively and promptly investigated, making use of special investigation techniques and financial investigations in order to gather evidence and not rely exclusively on testimony by victims or witnesses.

GRETA urges the Georgian authorities to ensure that human trafficking cases are not re-qualified as other offences which carry lighter penalties and deprive victims of access to protection, support, and compensation. The plea-bargaining procedure should be used only exceptionally in human trafficking cases, subject to appropriate safeguards.

“While welcoming the specific legal provision and practice in Georgia as regards the implementation of the non-punishment provision of the Convention, GRETA considers that the Georgian authorities should develop guidance and training for police officers and prosecutors on the non-punishment provision.

Whilst welcoming the steps taken by Georgia on developing a child-friendly environment in courts, GRETA invites the Georgian authorities to ensure that child victims of trafficking are in practice afforded special protection measures, including in the context of interviews, both as regards the competencies of the professionals present and the environment in which the interviews are conducted.

GRETA welcomes the adoption of the new Child Protection Referral Mechanism, but considers that the Georgian authorities should strengthen their efforts in the areas of prevention of child trafficking, paying increased attention to the link between trafficking in children and the use of information and communication technologies,” the report said.

Finally, GRETA considers that the Georgian authorities should ensure that all possible victims of trafficking are offered a recovery and reflection period and all the measures of protection and assistance during this period.  GRETA is responsible for monitoring the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Parties.