Situation at Penitentiary Establishments
including Bachana Akhalaia and Gaga Mkurnalidze were forcing him to cooperate with them and commit various illegal
actions including false testimonies against various persons.
The convict also claimed that he was forced to rehabilitate the infrastructure of the establishment on his own expense.
The explanatory note written during the abovementioned conversation was sent by Public Defender’s Office to the
Chief Prosecutor’s Office on October 23rd. On November 2nd, in reply to the said letter Public Defender’s Office
received a letter notifying that the investigation was launched on October 31st, 2012.
Penitentiary establishment No 17 in Rustavi
On September 26th, 2012, the Special Preventive Group of Public Defender visited the Establishment N 17 and
interviewed the convicts. 13 of the convicts considered themselves to be political prisoners and were planning to go on
a hunger strike from September 26 till October 1.
They addressed Public Defender’s Office with complaint pointing that they would start hunger strike on September
26th to October 1st to express their solidarity and protest against publicly known facts of torture and to demand fair
elections.
The prisoners were also demanding to apply the “Must Carry” principle in their establishment N 17 in Rustavi including
the period following the elections.
INVESTIGATION OF FACTS OF TORTURE AND INHUMAN TREATMENT
Results of monitoring conducted in closed-type regime institutions, analysis of applications and complaints received
at Public Defender’s Office and “prison video footage” disseminated by TV channels in September 2012 revealed
that ill-treatment is one of the gravest problems at penitentiary establishments and the police. Legal reaction on the
facts of torture and inhuman treatment, disclosure and punishment of those responsible is a prerogative of the Chief
Prosecutor’s Office of Georgia. And to eradicate torture and inhuman treatments it is necessary to investigate every
such fact effectively and to overcome the impunity syndrome that constitutes a serious problem nowadays. Public
Defender addressed the Chief Prosecutor on numerous similar facts but, in most cases, investigation has been delayed.
In 2010 report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) on Georgia it is noted that : “the credibility of the prohibition of torture and other forms of
ill-treatment is undermined each time officials responsible for such offences are not held to account for their actions.
Some of the delegation’s interlocutors met during the visit were of the opinion that information indicative of illtreatment was frequently not followed by a prompt and effective response, which engendered a climate of impunity.
According to them, most complaints of ill-treatment were dismissed; at best, the officers concerned were disciplined.
NPM Report
2012
During the past years inaction and ineffectiveness of investigation bodies created the impunity syndrome among law
enforcement officials. Furthermore, the majority of the victims expressed distrust towards the investigation and the
latter further promoted practice of ill-treatment at closed-type regime institutions. As a rule, the Prosecutor’s Office
was inclined to exercise superficial approach to the question of investigation of actions involving assault or torture of
detained persons and cases containing such criminal acts. And as it was mentioned, frequently such facts were qualified
not as criminal acts of torture or degrading and inhuman treatment but as acts of exceeding official power or physical
assault. The investigation of similar cases always was of a formal character and often ended in termination of the
case or its delay for years. The most noteworthy is that investigation of such cases were always stopped on the basis
of testimonies of policemen and as a rule, the victim denied explanatory notes given to Public Defender and gave
testimonies in favor of law enforcers. In some cases, forensic medical examination was appointed for the time when no
damages were noticeable on victims any more - several weeks, or, maybe even, several months later.
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