CAT/C/60/D/573/2013
declared that he had been subjected to ill-treatment by police officers. An investigation was
launched on 6 November 2010; the arresting officers were questioned and denied illtreating the complainant during or after the detention. They also stated that they had
recorded in the arrest record only the injuries that they had visibly observed immediately
after the arrest. When the complainant underwent another medical examination, upon being
transferred to Tbilisi prison No. 8, no injuries were identified on him. On 11 November
2010, he retracted his allegations.
6.3
On 4 January 2012, the second complainant filed a complaint with the prosecutor’s
office reiterating his claims that he had been ill-treated during his arrest. On 1 March 2012,
the investigator ordered a forensic medical review. The medical review took place on 5
March 2012; on the basis of the medical records of 11 October and 13 October 2010, the
experts concluded that the second complainant had suffered light injuries, but were not able
to deduce the exact time at which he sustained these. On 9 March 2012, the second
complainant was questioned and again asserted that he had been ill-treated by the arresting
officers, and he named an investigator (B.D.), claiming that the latter had assaulted him
while he was in detention. He also stated that another officer (T.A.) had visited him in
prison and threatened that his brother would be arrested and his sentence would be
prolonged if he continued to voice complaints. The second complainant also complained
that he had not been provided with insulin from the time of his arrest until his placement in
the temporary detention facility.
6.4
With regard to the medical expert’s opinion, dated 10 April 2014, submitted by the
complainants to the Committee, the State party maintained that it had identified scar tissue
on the second complainant’s hand and concluded that it could have resulted from a burn,
but could not assert that categorically. It had also identified a scar in the lower inner
quadrant of the left buttock, but it was impossible to determine the object with which that
injury had been inflicted. The expert had not been able to establish the exact time at which
the second complainant had sustained those injuries. The State party maintained that, since
those injuries were not reflected in the medical records upon their receipt in the temporary
detention facility, they could have been sustained at any time after his arrest. Furthermore,
the second complainant never mentioned those injuries in his complaint to the domestic
authorities.
6.5
The State party noted that the investigative authorities had interrogated the officers
who had taken part in the arrest and that the latter had “denied any fact of verbal or physical
abuse against the complainants during or after the detention”. The police officers referred to
the record of the visual examination of the first complainant, where he had stated that he
had “no complaints” upon being detained and that “the injuries identified on his body had
appeared before his detention”. The State party also submitted that some of the officers also
“denied any fact of unlawful action” by the detective and investigator T.A., “as well as
from other officers”. The State party also refers to the available medical records of the two
complainants and to the results of the forensic medical examination of 16 March 2012. It
maintains that the results of the investigative activities with regard to the first complainant
“clearly denied any acts of ill-treatment”, and that “comprehensive and objective
investigation is ongoing into the allegations of the second complainant, in accordance with
the obligation of the State under the Convention.”
6.6
The State party maintained that its officials’ interrogation methods and practices, as
well as their treatment of the present complainants, were fully consistent with the
provisions of the Convention. In the State party’s view, all of its investigative measures had
been conducted impartially in line with the Convention and had revealed no signs of torture
or other acts of cruel, inhuman or degrading treatment or punishment in the present case.
The State party requested the Committee to find that there had been no violation of articles
1, 11, 12, 13 or 16 of the Convention.
Complainants’ comments on the State party’s additional observations
7.1
On 9 July 2015, the complainants noted that at their first court hearing, on 13
October 2010, their lawyer had tried to request a medical examination to document their
injuries, but a judge of Tbilisi City Court had refused the request. The complainants filed a
complaint before the Supreme Judicial Council and were informed that the judge had been
GE.17-09205
7