Situation at Penitentiary Establishments On March 12th, 2012 after the convict’s request, the representatives of Public Defender again met and interviewed him. This time Irakli M. asked for his explanatory note to be followed up at that stage and asked for confidentiality of the explanatory note to be maintained. On September 21st, 2012 representatives of Public Defender again met and interviewed convict Irakli M. who asked for the explanatory note written by him on March 10th, 2012 to be sent to the Prosecutor’s Office. Following his consent, the acting Public Defender of Georgia applied to the Chief Prosecutor of Georgia on September 28th, 2012. With N13/41785 reply dated October 10th, 2012 the Chief Prosecutor’s Office of Georgia informed us that on October 5th, 2012 the investigative unit of the Shida Karti and Mtskheta-Mtianeti District Prosecutor’s Office launched an investigation into the fact of torture of Irakli M. by personnel of N15 establishment pursuant to subparagraph “b” of the second paragraph of the article 1441 of the Georgian Criminal Code. On January 8th, 2013 Public Defender’s Office again sent a written request where we asked for information regarding the progress of the aforementioned criminal case. The Chief Prosecutor’s Office of Georgia responded with N13/10195 response that the criminal case on torture of Irakli M. was merged with criminal case N082100712801 on the fact of exceeding official powers by personnel of penitentiary establishment N 15. According to the same response letter, criminal proceedings against concrete individuals have not been instituted at this stage. Medical establishment for accused and convicts No N18 The Parliamentary or special reports of Public Defender have frequently referred to the facts of torture and inhuman treatment at N18 medical establishment. It shall be noted that majority of convicts categorically refused to be transferred to the medical establishment or used to appeal to the administration of N18 establishment with a request to transfer them back to their place of serving sentence, because of treatment of inmates at N18 establishment. In summer 2012 during the scheduled monitoring carried out by the Preventive Group at N18 establishment, convicts noted that their treatment has significantly improved. Despite this, the monitoring group met with several inmates who noted that they were inadequately treated though refrained from giving a written explanation. Case of Papuna K. According to the convict, several minutes later the director of the establishment entered the room. In front of him the convict and Tolordava again had a verbal conflict for which the Director kicked Papuna K. in his head. According to convict, after this the director of the establishment wrapped a towel around his neck and told him that he could kill him any time he wanted and no one would know. NPM Report 2012 On July 23rd, 2012 representatives of Public Defender met and interviewed convict placed in N18 medical establishment of the penitentiary department Papuna K. According to the convict, on April 19th, 2012 at around 5pm 4 or 5 establishment officers entered his accommodation cell, among them were Zviad, Malkhaz and Alexander Tolordava. They asked convicts to leave the cell to which Papuna K. responded that he would finish hygiene procedures and then leave the cell. According to convict, Alexander Tolordava verbally abused him and ordered inmate to bring a wheelchair in which Papuna K. was taken down to the ground floor. According to the convict in a room where he was taken, Deputy Director of the establishment Maizer Gvichiani was present joined by Alexander Tolordava after 5 minutes, who were verbally and physically assaulting him, namely, he was punched in his face. According to the convict, he entered into verbal conflict with Alexander Tolordava, resulting Tolordava to threw him from the wheelchair and starting kicking him. As Papuna K. said his beating continued for 10-15 minutes.

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