CAT/C/64/D/730/2016
false statement and denied the possibility to include her own comments to the effect that
she did not agree with the statement.
5.4
The complainant denounces the multiple illegal entries into her apartment each time
she leaves, that her food is poisoned, that “bad fumes” are pumped into her apartment to
kill her, that noises from the upper apartment disturb her sleep and peace, that she is under
constant harassment, that she is not allowed to buy medicine, that her communications are
obstructed and that her life is in danger. She maintains that all the articles of the Convention
invoked in her complaint have been violated by the State party and requests $33 million as
compensation for the torture and other ill-treatment suffered, with a 100 per cent annual
interest rate for delayed payment.
5.5
As to the exhaustion of domestic remedies, the complainant considers that she is not
required to exhaust them because Georgian legislation restricts and nullifies her right to
remedies and due process. She declares that the State party has denied her access to
remedies. She claims that the absence of an independent judiciary, due to “the
Government’s gross systematic corrupt practices”, has unreasonably prolonged and
arbitrarily dismissed her case. She also declares that the Chief Prosecutor’s Office did not
provide evidence to prove that it had informed her about the closing of the criminal
investigations and claims that she found out about their closure from the State party’s
observations submitted to the Committee. It has thus been impossible for her to challenge a
decision that she did not know about.
5.6
On 6 February 2017, the complainant asked the Committee why it had, among other
things, failed to instruct the State party to let her leave its territory, why it had given the
State party impunity for continuing to violate her rights, attempting to kill her, leaving her
outside the protection of the law and not providing her with food and medical treatment.
State party’s additional observations
6.1
On 26 September 2017, the State party reiterated that the communication should be
declared inadmissible because of the complainant’s abusive conduct, namely that: (a) she
contacts the authorities of the State party directly, bypassing the Committee; (b) she sends
spam and insults the high officials of the State party with improper and offensive
communications;12 (c) she continuously provides the Committee and the State party with
misleading information and fictional stories, among others, blaming the Government of
Georgia, local and international non-governmental organizations, United Nations bodies
(such as UNHCR), other member States and various ordinary individuals for ill-treatment,
human trafficking, rape, terrorism, etc. In so doing, the complainant abusively misuses the
resources of the Committee and those of the State party.
6.2
The State party informs the Committee that the complainant continues to send
improper messages to public officials at their official email addresses and telephone
numbers, which were not disclosed by the Government to the complainant. The last text
message was received on 22 September 2017. The complainant has sent spam to the
following officials: the Minister for Foreign Affairs; the Minister of Internally Displaced
Persons from the Occupied Territories, Accommodation and Refugees of Georgia; the Head
of the Department of State Representation to International Courts of the Ministry of Justice;
and various other officials, as well as representatives of international organizations. The
State party considers that the Committee is the only authority to arrange communications
between disputing parties and ultimately to deliver its opinion based on the information
submitted by them in an appropriate manner. The State party thus condemns the
complainant’s irresponsible and unethical behaviour.
6.3
Regarding the complainant’s allegation that, on 28 November 2016 (para. 5.4), she
was hit by a private person “instigated by the Republic of Georgia”, the State party submits
that this is misleading information. On 28 November 2016, the complainant had an
argument with her landlady due to her failure to pay the rent. When the brother of the
12
12
For example: “the most racist, wicked, demonic and vicious liars on earth”; “they do not have
common sense or brain cells”; “the little, dead cells”; “the little dead worm/dick rapist”; “terroristrapist Government are a disgrace”; “terrorist racist Government”; and “bigoted hellhole”.