Operational Guideline On Investigation and Prevention of Crimes based on Sexual Orientation and Gender Identity

In Georgia, in the recent years, the increase in crimes motivated by intolerance exposed a critical need for the government to work out an effective fighting strategy, and implement it in practice. Nonexistence of a united and goal-oriented plan and strategy against discriminatory crimes, along with the government’s inaction, and in some cases, ineffective policies towards vulnerable groups, created climate of impunity in the society and helped indirect legitimation of wrongful acts.

Current situation requires prompt reaction from the state. Continuously increasing intolerant approach to minorities, especially to LGBT community, brings the state before challenge to create a systematic, effective and human rights-oriented policy on the level of police and prosecutorial authorities in a timely manner.

To this day, even in well-known cases against the LGBT group, in which the motive of homo/bi/ transphobia was obvious, the response of the state has been inadequate. Such cases illustrated the need for a detailed operational guideline for the law enforcement authorities focused on investigation, prevention, punishment and reparation of victims.

The goal of this document is to create a prerequisite for precisely such a manual. It will essentially assist Georgian Ministry of Internal Affairs to draft an internal guidance document on investigation and prevention of hate crimes. Through multidisciplinary approach, this document attempts to devise a unified approach for eliminating hate crime motivated by homo/bi/transphobia. On one hand, it includes definitions and analysis of the main concepts related to homo/bi/transphobic crimes – through examination  of socio-economic and cultural factors theorization of the reasons behind and the consequences of homophobic and transphobic violence; prerequisites for transformation of such attitudes into crimes; overview of the typologies of criminals. On the other hand, the document describes in detail the object of bias and subjective indicators. The document will review issues related to basic standards of victim protection/assistance and their treatment; Further, it will explain in detail the best practices of different states in terms of crime prevention, increasing reporting rates, building trust and enhancing communication with the community, and institutional setting (special unit/agency). In addition, the document will provide relevant recommendations directed at each activity.

Operational guideline is prepared by “Human Rights Education and Monitoring Center” (EMC) within the project “Strengthening SRHR-based approach in the human rights framework of EMC through tailored capacity building and advocacy activities”. The project is implemented by the help of Swedish Association of Sexual Education (RFSU).

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