CAT/C/64/D/730/2016
a positive result and allegedly no investigation was carried out. 8 She was even humiliated
while being questioned by the Rustavi District Prosecutor’s Office regarding the rape
incident. Investigators from the Prosecutor’s Office retaliated for reporting the rape by
entering her apartment while she was out, tampering and damaging her computer, following
her, and intimidating and harassing her. The police also threatened her neighbours. She
reported the incident to the UNHCR Protection Unit, but they did not provide any response.
2.17 On 24 January 2014, the Ministry dismissed the complainant’s request for refugee
and humanitarian status given the lack of evidence of persecution in her own country. The
Ministry did not consider her allegations that she had been threatened by staff from the
National Agency for the Prohibition of Trafficking in Persons. The Ministry also noticed
that the complainant had refused to disclose her email correspondence with the Nigerian
Ambassador. The Ministry determined instead that her problems in Mali had resulted from
a financial disagreement between the complainant and local officials regarding the
compensation for the costs she incurred in sheltering the alleged victims of trafficking from
Nigeria.
2.18 On 1 March 2014, UNHCR sent the complainant to a clinic, where she was given a
prescription for pain medication. The prescription was sent to the Ministry, which insulted
and threatened her and refused to give her the medicine until UNHCR intervened again on
14 March 2014. When she took the tablets, she felt ill, but the Ministry refused to take her
to hospital because of lack of funds. In a medical test carried out by UNHCR in Tbilisi in
July 2014, the complainant was diagnosed with uterine cancer, which was spreading to
other areas of her body. She notes that most asylum seekers at the Martkopi Reception
Centre have fallen sick with cancer and other fatal diseases.
2.19 On 5 March 2014, the complainant lodged a complaint with the department of the
Ministry of Internal Affairs that dealt with police misconduct to report and request an
investigation into the rape and threats to her life perpetrated by the police officer V.T. On
14 March 2014, her complaint was transmitted to the Rustavi District Prosecutor’s Office
for criminal investigation. On 21 March 2014, the complainant was summoned for
interrogation by the prosecutor. During the meeting, the prosecutor was allegedly very
aggressive towards the complainant and humiliated her. In particular, the complainant
offered to describe identifying marks on V.T.’s body, but the prosecutor refused. On 5
April 2014, the prosecutor came to inspect the complainant’s apartment and, on 8 July 2014,
the complainant was invited again to the prosecutor’s office, but thereafter she received no
information on the investigation.
2.20 In April 2014, the complainant reported obstruction of justice by the Rustavi District
Prosecutor’s Office to the Division of Human Rights Protection of the Chief Prosecutor’s
Office. However, she was not informed about the follow-up to her complaint.
2.21 On 8 May 2014, Tbilisi City Court rejected the complainant’s appeal against the
Ministry’s decision to deny her request for asylum, based on the fact that she had not
proved the alleged persecution in her country of origin. That judgment was upheld by the
Tbilisi Court of Appeal on 24 November 2014 and then by the Supreme Court on 22
October 2015.
2.22 On 7 July 2014, the complainant complained to the Chief Prosecutor of Georgia and
to the Rustavi District Prosecutor about the handling of her case by the Rustavi District
Prosecutor’s Office and requested the investigative records of her case. On 27 July 2014,
she was informed by the prosecutor handling her case (para. 2.19) that she had no right to
any information regarding the investigation or the police report.
8
On 19 November 2013, the Public Defender received a letter from the Ministry of Internal Affairs’
General Inspection Department, which stated that: “Mr. V.T. is not registered as an employee of the
Ministry of Internal Affairs. Therefore, disciplinary proceedings cannot be initiated against him.”
However, the complainant pretends that she provided the Public Defender with V.T.’s telephone
number. The Public Defender’s staff called him, and V.T. admitted that he was a police officer
employed by the Ministry of Internal Affairs and also that an investigation was ongoing. On 14
January 2014 or 21 August 2014, she was informed by the Public Defender that her case was closed.
5