A/HRC/4/33/Add.2
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implement it in practice, and reiterates that it is of utmost importance that the national preventive
mechanisms enjoy real independence (also in financial terms). The Special Rapporteur also
welcomes the efforts underway to improve conditions in places of detention through refurbishing
old and building new facilities and by addressing the chronic overcrowding problem through
multiplying non-custodial measures. However, he is concerned that overcrowding remains an
issue, as indicated by the Government (see also Conclusions and Recommendations of the
Committee against Torture CAT/C/GEO/CO/3, para. 18) and that the number of inmates appears
to be increasing rather than decreasing. He welcomes the recent amendments to the legislation
and calls upon the Government to speed up reform, especially with regard to the use of pre-trial
detention, in close cooperation with non-governmental and international partners. The Special
Rapporteur is concerned about reports that high-level officials have repeatedly voiced support
for the use of excessive violence by security forces and publicly exculpated officers after riots in
several prisons without awaiting the results of inquiries into the events. He views that addressing
impunity is a key-issue to render torture prevention effective (see also Conclusions and
Recommendations of the Committee against Torture CAT/C/GEO/CO/3, para. 12) and hopes to
see independent and impartial inquiries in all instances of alleged use of excessive force by
security forces.
Impunity
195.
Recommendation (a) stated: The highest authorities, particularly those responsible
for law enforcement activities, declare unambiguously that the culture of impunity must
end and that torture and ill treatment by public officials will not be tolerated and will be
subject to prosecution;
196.
According to non-governmental sources, in some contexts high- level officials declared
Georgia’s commitment to due process and accountability for abuse. But when the immediate
context is an incident of police use of force, including deadly force, senior officials, rather than
remaining neutral or saying that the incident needs to be examined to determine whether the
force was justified, or expressing concern about the consequence of the use of deadly force,
instead publicly supported law enforcement agents who may have used excessive force against
suspects and detainees. For example, following the government operation to quell the
disturbance in Tbilisi Prison No. 5 on March 27, 2006, during which at least seven inmates were
killed and at least 22 wounded, the government stated unequivocally that law enforcement agents
acted lawfully before even launching any inquiries. The President hailed the Justice Ministry
Staff and the Georgian police whom he claimed, “acted extremely professionally.” Similarly,
the speaker of parliament was quoted as having praised the police saying they used “adequate
force” to prevent a jailbreak.
197.
The so-called “special operations” conducted by law-enforcement bodies are frequently
characterized by excessive severity and at the end those who are supposed to be detained are
often liquidated. Unlawful and excessive acts of the police are directly encouraged and
supported by official statements by the President of Georgia as well as by the Minister of
Interior. For example, on 23 February 2006, during the meeting with newly appointed judges, the
President announced, “…policemen have instructions to fire directly because I and the public
value the life of one policeman more than the lives of criminals and their accomplices.” The
Minister of Interior made a similar statement: “I urge all Georgian policemen not to hesitate to
use arms when a person’s or policeman’s life is endangered.”
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