E/CN.4/2000/9/Add.5 page 7 of the Criminal Code had been conducted at the Tbilisi Procuracy. According to the Government, the investigation had been prolonged mainly because of the contradictory evidence provided by Gogi Shiukashvili, who had stated on 22 June 1999 that he had been periodically tortured by 20 persons whilst in preliminary detention, but had been unable to identify them. In a note to the Tbilisi Procuracy dated 2 September 1999, he indicated that he had been physically abused by the policemen who had brought him to the Gldani District Department. He had undergone a medical examination at the court on 27 August 1998 which led to the conclusion that the injuries to his face were too old for any conclusions to be drawn. The Government stated that in subsequent interrogations, police officers, fellow inmates and Gogi Shiukashvili himself had denied that beating and torture had taken place. On 16 August 1999, the case was dropped on the basis that no person had been identified against whom criminal proceedings could be instituted. 28. Concerning Malkhaz Kumsiashvili (ibid., para. 459), inquiries had been made by the Ministry of Internal Affairs, as well as the Tbilisi Procuracy, into his allegations of ill-treatment. On 4 September 1998, criminal proceedings were not proceeded with, on the grounds that there existed no signs of the crime. On 14 September 1998, the Procuracy of Georgia repealed the previous decision and reinstated the proceedings with special directions. According to the Government, the preliminary investigation eventually ended on 20 September 1998, due to the fact that Malkhaz Kumsiashvili had left Tbilisi and had avoided any further investigation. 29. Concerning the death of Sergo Kvaratskhelia (ibid., para. 460), the Government reported that, on 8 March 1998, criminal proceedings had been instituted in the Procuracy of the Tsalendjikha region for aggravated murder. Five people had subsequently been sentenced to between 10 and 15 years for kidnapping and murdering him with extreme cruelty and provoking mass disorder. One person was sentenced to “compulsive medical means of suppression”. Five other persons are currently being sought for kidnapping. 30. Concerning Levan Gagua (ibid., para. 461), the Government indicated that criminal proceedings regarding a premeditated murder had been instituted against him and others on 17 March 1998 in Tbilisi Saburtalo District Procuracy and that he had lodged a complaint with the Ministry of Internal Affairs and the Saburtalo District Procuracy against members of the Saburtalo Police Department and the Chief Police Department in Tbilisi. On 19 June 1998, the District Procuracy refused to institute criminal proceedings on the grounds that there existed no corpus delicti. This decision was subsequently affirmed by the Procuracy of Georgia. Levan Gagua was sentenced to 10 years’ imprisonment for premeditated murder by the Supreme Court of Georgia. 31. Concerning Jemal Teloyan (ibid., para. 462), the Government indicated that his complaint invoking extortion, unlawful detention and maltreatment had not led to the institution of criminal proceedings by the Tbilisi Procuracy due to the absence of a corpus delicti. This decision was further confirmed by the Procuracy of Georgia. 32. Concerning Jaba Ioseliani and 13 other defendants (ibid., para. 463), who had claimed to have been beaten or otherwise subjected to ill-treatment during interrogations in pre-trial