Situation at Penitentiary Establishments
As he said, because he could not run officer Nika Tolordava sent the convict together with his cellmates back to the cell
and punished them again with the two-hour standing.
With regard to the above representatives of Public Defender met and interviewed inmates of D-63 cell2 of the
penitentiary establishment N8: Davit T., Guram M. and Guram T. who confirmed the aforementioned facts.
On August 7th, 2012 Public Defender applied to the Chief Prosecutor of Georgia with a request to launch an
investigation. On November 9th, 2012, N13/46328 reply was received by Public Defender’s Office stating that Tbilisi
Gldani-Nazaladevi District Prosecutor’s Office launched an investigation into the criminal case N001051112801
pursuant the first paragraph of the article 1443 of the Georgian Criminal Code.
Furthermore, by N13/10196 reply from Georgia’s Chief Prosecutor’s Office we were informed that cases instituted on
the basis of statements by Vladimir I. and Pavle B. were merged with N073110400 criminal case on a fact of inhuman
degrading treatment inflicted by personnel of N8 establishment towards convicts pursuant to the first paragraph of
article 1443 of Penal Code of Georgia. According to the same reply, at this stage no criminal proceedings were instituted
against any specific person.
Case of Lasha J.
On August 14th, 2012 representative of the Prevention and Monitoring Department met and interviewed convict
Lasha J. serving sentence at N8 establishment. According to the latter, he had been in the aforementioned penitentiary
institution since August 11th, 2011 and during this period he had repeatedly experienced ill-treatment. The convict noted
that he refrained from making complaints and thought that inhuman and degrading treatment on the part of personnel
of the establishment administration would stop, as he thought, but such actions continued towards him.
According to the convict, on August 5th, 2012 window of his N123 cell was opened by an establishment personnel who
shouted at him “why are you looking at me with eyes like that?”. Then the prison guard demanded the inmate to come
to a door. The inmate obeyed and when he approached the door the officer punched him mercilessly in his face and
threatened to all inmates in the cell that if they were to make this known “he would beat them up”.
The convict also noted that the establishment officer was threatening him with sentence prolongation. According to
him, various prison personnel participate in facts of ill-treatment towards him as well as towards other inmates which
he discussed with investigators.
On August 20th, 2012 Public Defender applied to Georgia’s Chief Prosecutor with a request to start a preliminary
investigation. As mentioned in the reply N13/38405 received from the Chief Prosecutor’s, on September 6th, 2012
Tbilisi Gldani-Nazaladevi District Prosecutor’s Office launched an investigation into the criminal case N001060912801
pursuant to sub-paragraph “b” of the second paragraph of article 1443 of Penal Code of Georgia.
By N13/10199 reply, dated January 25th, 2012 we were informed that investigation was ongoing on this case and
relevant investigative actions were being implemented. According to the same response, criminal proceedings were not
instituted against specific individuals.
Case of Malkhaz A.
On June 22nd, 2012, representatives of Public Defender of Georgia met and interviewed convict Malkhaz A. who was
placed in the penitentiary establishment N8. According to him, on February 5th, 2011 he was arrested by a policemen
2
Cell of Pavle B.
NPM Report
2012
After visual examination a red scar was noted in the upper lip area of the convict which, according to him, appeared on
August 5th, 2012 as a result of a punch received from of the administration personnel of N8 establishment.