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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