CAT/C/60/D/573/2013 2.8 In 2011 and 2012 the complainants wrote 43 complaints regarding the torture they had experienced, to different institutions; in 2013 they wrote another 58 complaints. They claim that they did not receive a response to the majority of those complaints. However, the complainants’ case was taken up by the Ombudsman of Georgia, who forwarded it to the Prosecutor’s Office of Georgia on 26 November 2011. The Prosecutor’s Office of Georgia opened an investigation into their allegations, under article 333 of the Criminal Code (exceeding official powers). 2.9 The complainants allege that the State party has not undertaken an effective investigation into their complaints, since they were questioned only once, as witnesses. They state that they were not given the status of “victims” during the proceedings, that to their knowledge no further investigative actions have taken place, and that the investigation was not initiated under provisions of the Criminal Code concerning torture. They believe that the Prosecutor’s Office of Georgia intends to close the investigation once the statute of limitations expires. The complaint 3. The complainants allege that they are victims of violations by the State party of articles 1, 11, 12, 13 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. State party’s observations on admissibility 4.1 The State party confirms that the complainants were arrested by officers from the criminal police on 10 October 2010. The first complainant was arrested on charges of alleged kidnapping on the basis of a court decision of 10 October 2010, and the second complainant was arrested on the grounds of alleged illegal possession of ammunition. After their arrests, the complainants were taken to a police department where they were interrogated. After the interrogation, the complainants were accommodated at temporary detention facility No. 2 of Tbilisi. On 13 October 2010, Tbilisi City Court ordered the complainants to be detained on remand, and the complainants were placed in Tbilisi prison No. 8. 4.2 On 10 October 2010, upon placement in the temporary detention facility, the first complainant underwent a medical examination and a record was issued describing certain injuries identified on his body. 1 The first complainant asserted that he had sustained those injuries before his detention and hence had no claims against the law enforcement officials. After spending a year in detention, on 19 October 2011, the first complainant submitted a complaint to the Tbilisi Prosecutor’s Office that he had been ill-treated during his arrest. An investigation was launched by the Tbilisi Prosecutor’s Office on 12 November 2011. On 23 February 2012, in the presence of a lawyer and an interpreter, an investigator questioned the first complainant with a view to verifying his allegations. Investigators also questioned the officers who had participated in his arrest, and obtained the records of his medical examinations in the temporary detention facility and in Tbilisi prison No. 8. The State party noted that at the time of the examination on 13 October 2010, no traumatic injuries were identified on the first complainant’s body. The investigator ordered a forensic medical examination, which started on 5 March 2012 and finished on 16 March 2012. 2 According to the final opinion of the experts, based on their examination of the medical records, the complainants had light injuries, however the experts were unable to establish when exactly these were sustained. The investigation also examined other (unspecified) materials. 4.3 On 11 October 2010, upon placement in the temporary detention facility, the second complainant was subjected to a medical examination and a medical record was issued describing certain injuries identified on his body. 3 He stated that police officers had physically assaulted him and that was reflected in the medical examination record. The relevant authorities ensured the immediate transfer of that record to the investigative body. 1 2 3 GE.17-09205 A copy of the medical record was provided. A copy of the forensic medical report was provided. A copy of the medical record was provided. 3