A/HRC/4/33/Add.2
Page 40
remains one of the most serious problems in Georgia. There are even signs that greater numbers
of newly arrived remand prisoners speaking to prison doctors are reluctant to allege ill-treatment
by the police. This could be linked to the connections the senior staff in the prison service have
with the Ministry of Interior and with the special security forces (most of whom have worked
there previously).
212.
With regard to prisons, numerous obstacles to prompt and thorough investigation and
prosecution of perpetrators of abuse against detainees remain. They include the lack of
identifying insignia among prison staff and special forces. Whereas the government officially
introduced numeric insignia for special forces’ uniforms, it is not clear when uniforms with such
insignia were issued and when special forces were to begin to use them. Moreover, prison
authorities regularly deny detainees meetings with their lawyers (especially by not providing
adequate facilities for such meetings), prevent detainees from making written complaints,
threaten detainees who express interest in filing a complaint, and deny access to forensic and
other experts (all these problems are particularly serious in Tbilisi Prison No. 7, but exist in other
facilities as well, including Kutaisi Prison No. 2).
213.
Even investigations opened into the possible excessive use of force, torture, and illtreatment are often ineffective. On 27 March 2006 special forces used automatic gunfire in
Tbilisi Prison No. 5 to suppress “disturbances”, resulting in the deaths of at least seven inmates.
Detainees also reported injuries from gunfire and beatings. The General Prosecutor’s Office
opened criminal investigation N74068237 into whether law enforcement agents used force in
accordance with the law only three months after the operation. Prior to this, the Ministry of
Justice investigated the planning of the alleged riot only.
214.
The Government informed that substantial steps forward were taken within the law
enforcement bodies to establish effective procedures for internal monitoring and disciplining.
“Human Rights Protection Units” were created at the Office of the Prosecutor General of
Georgia as well as at the Ministry of the Interior. Both agencies have General Inspection Units in
charge of ensuring internal discipline. The Prosecutor’s office has adopted a Code of ethics for
prosecutors in compliance with international human rights standards and practices. The Code of
ethics for the police is being finalised taking into consideration recommendations and expertise
of international organisations and local NGOs.
215.
Moreover, the Prosecution Service of Georgia is the only organ within the system that
carries out prosecution as noted in article 55 of CPC. This article also defines that every
investigation falls under the procedural guidance of the prosecutor (even if the investigation is
carried out by the investigator of another law enforcement agency) and the prosecutor has full
discretion to carry out preliminary investigation in the specific cases as provided by the relevant
provisions of the law. Furthermore, article 62(2) of CPC provides for the cases of exclusive
investigative jurisdiction of the Prosecution Service. In particular, it notes that the crime/s (any
crime) committed by the following persons fall within the competence of the Investigatory Unit
of the Prosecution Service: the President of Georgia, a member of the Parliament, a Member of
the Government, a judge, the Public Defender, the Chairman of the Control Council, a member
of the Council of the National Bank, an Ambassador, a prosecutor, an investigator, an adviser
working at the Prosecution Service of Georgia, a policeman, by a high-ranking military officer or
another person with special ranks holding a public post. In addition, the following articles
automatically fall under the investigatory prerogative of the Investigative Unit of the Prosecution
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