Situation during visit (See: E/CN.4/2006/6/Add.3) Government: In 2008, preliminary investigations were initiated under article 118 of the Criminal Code (‗Less serious damage to health on purpose‘), in 21 cases of allegations at Gldani prison, of which 5 were closed and 16 cases are ongoing. In one case, a preliminary investigation was opened under article 333 of the Criminal Code (‗Exceeding Official Powers‘). In 2009, preliminary investigations were initiated in 18 cases under article 118, of which 5 were closed, while 13 cases are still ongoing. Preliminary investigations were initiated in one case under article 333 of the Criminal Code. Information received in the reporting period addition, for the interest of justice, the Chief Prosecutor of Georgia has the authority, on ad-hoc basis, to re-allocate investigation of the criminal case from one prosecutorial jurisdiction to the other, excluding any bias in investigation of the ill-treatment case by the prosecution against public officials. Under Article 100 of the Criminal Procedure Code, investigator or prosecutor are required to promptly initiate investigation once they receive information regarding the crime. In 2011, investigation was commenced in 23 cases under Article 144.1 (torture), out of which in 6 cases investigation was halted and 3 cases reached prosecution. During the same period, out of 5 investigations commenced under Article 144.3 (inhuman and degrading treatment or punishment); 2 investigations were halted and 1 case reached prosecution. Non-governmental sources: Reportedly, no investigation has been carried out into the allegations of ill-treatment by the police of participants of the peaceful demonstration of 15 June 2009. Despite numerous complaints submitted to the prosecutor‘s office about cases of illtreatment while in detention and afterwards, no investigation has been carried out. Several police officers have reportedly been given disciplinary penalties envisaged under the Police Code A/HRC/19/61/Add.3 68 Recommendations (E/CN.4/2006/6/Add.3) Steps taken in previous years (See: A/HRC/4/33/Add.2, A/HRC/7/3/Add.2 and A/HRC/16/52/Add.2) Gldani Prison are subject to systematic beatings. Cases where excessive force had allegedly been used, and which led to death in custody were not investigated.

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