E/CN.4/2006/6/Add.3
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them were allegedly tortured by the police to obtain confessions. If it were true, as he claimed,
that the third individual was compelled to confess by being forced to watch the torture of
Gia Lobzhanidze and Valeri Kurtanidze, it would not have been necessary for him to enter a plea
to the charges against him, which he in fact did (i.e. he pleaded guilty to weapons offences but
not burglary). During joint examinations of the defendants, the testimony of Gia Lobzhanidze
and Valeri Kurtanidze was tentative. Except for one policeman, they hesitated to directly
implicate the policemen seated before them. The policemen denied the allegations. The
employees of the isolator who were on duty during the period 22-24 April 2004 were questioned
and also denied the allegations. The allegations of ill-treatment in the prison were not supported
by the prison’s director and doctor. On 27 July 2004, forensic examinations were conducted and
the report concluded that the bruises on the tongue of Gia Lobzhanidze were not such to
seriously affect his health, and that there were no visible bruises on Valeri Kurtanidze.
Similarly, the report of the defendants’ forensic expert concludes that the injuries of the two men
were minor and not so serious as to affect their health. According to the expert: the bruises on
the hand of Valeri Kurtanidze seemed to have been caused by a solid blunt object; the injury in
the area of his ear might have been caused by electricity; and no trace of electric shock was
found on the body of Gia Lobzhanidze. Given that the examinations by the defendants’ expert
began five days after their arrest, had the allegations been fact, the cause and time of any injuries
should have been easy to identify. In view of the foregoing, the investigation established that the
necessary elements to initiate criminal action into the alleged ill-treatment were absent, and a
decree was issued to that effect on 8 August 2004. It was not appealed by Gia Lobzhanidze or
Valeri Kurtanidze but the Investigative Division of the Procuracy reversed the decree and
initiated an investigation on 31 May 2005. On 10 June, charges under articles 333 (3) (b) and
335 (2) (a) and (b) were brought against the Head of the Criminal Investigative Subdivision of
the Tbilisi Didube-Chughureti Unit of the Ministry of Internal Affairs and five other policemen
of the Subdivision. The Tbilisi City Court was requested to suspend them from duty and to
impose a written undertaking from them not to leave the area while the proceedings were
pending.
7.
Sulkhan Molashvili, aged 35, former Chairman of the Chamber of Control.
On 22 April 2004, he was summoned to the Tbilisi Office of the Public Prosecutor, where he was
confronted with charges relating to corruption by an investigator of the Public Prosecutor’s
Office. On 23 April, on the order of the Vake-Saburtalo District Court, Sulkhan Molashvili was
detained for a period of three months’ pretrial detention at the Tbilisi Head Department of
Internal Affairs. Approximately 30 minutes after he was first brought to the basement cell of the
station, he was blindfolded and taken by three or four uniformed men to a sixth floor office. He
was seated on a chair with his hands handcuffed behind his back. The interrogators insisted that
he confess to the charges. According to his medical history, he suffers from ischaemic heart
disease, stenocardia, arterial hypertension, calculous cholecystitis and varicose veins. When he
refused to confess, electric shocks were applied to his wrists and ankles, and his legs were
beaten. His sweater was pulled up over his head and he was repeatedly burned with cigarettes.
He was warned that if he revealed that he had been tortured his wife and children would be
harmed. The same day he was moved to Prison No. 1 and then to the Prison Hospital.
On 4 June, he was moved back to Prison No. 1, despite a deterioration of his health, including
chest pains, a gall bladder attack and a diagnosis of depression. He reportedly did not reveal that
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