E/CN.4/2006/6/Add.3 page 8 (c) Penalties 23. The crime of torture is punishable by up to three years’ imprisonment. Article 126 (2) increases the penalty, providing for three to six years’ imprisonment in relation to special circumstances, for example, where the perpetrator has used his official position.5 Penalties for other relevant crimes include: intentional damage to health (art. 117), up to 12 years’ imprisonment; less serious damage and intentional damage to health (art. 118), up to 5 years’ imprisonment; intentional light damage to health (art. 120), up to 1 year’s imprisonment; damage to health beyond the measure necessary for catching a criminal (art. 123), up to 1 year’s imprisonment; assault and battery (art. 125), up to two months’ imprisonment; rape (art. 137), up to 15 years’ imprisonment; sexual abuse with violence (art. 138), up to 15 years’ imprisonment; coercion (art. 150), up to 1 year’s imprisonment; threats (art. 151), up to three months’ imprisonment; exceeding official powers (art. 333), up to 5 years’ imprisonment; and coercion in submitting evidence (art. 335), up to 8 years’ imprisonment. 24. According to article 71 of CC, for those forms of ill-treatment referred to in paragraph 22 for which the maximum penalty does not exceed 2 years’ imprisonment, the statute of limitations is 2 years from the perpetration of the crime; otherwise, the statute is 10 years from the date of the incident. 25. CPC provides for disciplinary sanctions for officials in article 202 (3). (d) Compensation 26. Article 42 (9) of the Constitution guarantees the right to compensation for torture and ill-treatment. 27. A person may bring a civil claim for compensation arising from a criminal case, according to article 30 of CPC. Moreover, the right to claim for rehabilitation and compensation for damages resulting from the unlawful acts of criminal procedure bodies is guaranteed, according to articles 219 to 229 of CPC. II. THE SITUATION OF TORTURE AND ILL-TREATMENT A. Practice of torture and ill-treatment 28. Despite the legal provisions outlined above in relation to the prohibition of torture and ill-treatment, as the Government itself has acknowledged, the practice of torture and ill-treatment persists in the country.6 Indeed, over the years the Special Rapporteur has received numerous allegations of torture and ill-treatment in Georgia.7 A large number of recent allegations by individuals were also brought to the attention of the Special Rapporteur during the course of the mission, some of whom he interviewed.8 29. The vast majority of the allegations brought to the attention of the Special Rapporteur bore common characteristics. They were marked by reports of excessive use of force by law enforcement officials, and violations of safeguards of arrest and detention, including lack of access to a lawyer or satisfactory medical examination upon entry to the detention facility. Torture and ill-treatment were primarily perpetrated in the first 72 hours of police custody (i.e. police stations and temporary isolators under the jurisdiction of the Ministry of Internal