E/CN.4/2006/6/Add.3
page 9
Affairs) to extract confessions for alleged offences. The methods of torture included beatings
with fists, butts of guns and truncheons and the use of electric shocks, and cigarette burns;
injuries sustained by the victims included, among other things, broken bones, cigarette burns,
scars, as well as neuropsychological changes.
30.
Based on his meetings with officials, defence lawyers and independent forensic medical
experts, the substantiated information received from NGOs, his visits to places of detention and
interviews with detainees, the Special Rapporteur concluded that torture and ill-treatment by law
enforcement officials still exists in Georgia.
B. Impunity
31.
The Special Rapporteur notes that there is a significant disparity between the number of
allegations of torture and ill-treatment and the number of investigations and successful
prosecutions carried out. Although there is a crime of torture, albeit poorly defined (see
paragraphs 13 and 15), there are no instances of convictions of any police official for this, and
few convictions for other related crimes (e.g. those cited in paragraph 14). However, by letter
dated 9 July 2005, the Government informed the Special Rapporteur that to date, in relation
to four incidents, 10 police officers had been found guilty under article 333 (i.e. exceeding the
limits of official authority, repeatedly and with violence, and degrading the dignity of the victim)
and sentenced to terms of imprisonment ranging from three to seven years. On the other hand,
there are several examples of police officers having benefited from the plea-bargaining system
(i.e. where the defendant agrees with the prosecutor to some form of cooperation or payment of
a mutually agreed amount of money without pleading guilty). Alternatively, if they have been
dealt with by the procedures within the Ministry of Internal Affairs, then the perpetrators are
subject to disciplinary sanctions, such as transfer, suspension, or dismissal.
32.
He also notes statistics from the Ministry of Justice which indicate that in the period
December 2003 to March 2005, 558 persons with physical injuries were placed in pretrial
detention facilities in Georgia while, according to the NGO, Liberty Institute, during that same
period 1,067 persons with physical injuries were placed in Prison No. 1 alone. Even if one were
to rely on the more conservative figure, the number is high enough to raise concern that not all of
the injuries could be explained as being self-inflicted or sustained from resisting arrest, as often
explained by the procuracy.
33.
According to the Special Rapporteur, impunity is the principal cause of the perpetuation
of torture and ill-treatment. The inability to tackle it effectively will continue to encourage
impunity in Georgia. In his assessment of the response of the authorities to allegations of
torture, he identified a number of key shortcomings.
34.
Often because of fear of reprisals against them or their families, as well as exhaustion and
shock, victims at the centre of torture allegations may not readily reveal their injuries, request
medical treatment or examinations, or complain or identify the perpetrators, even before a judge.
And despite the obligation of judges or the procuracy to make inquiries or investigate allegations
ex officio, absent a complaint, no further action is taken, including ordering a forensic medical
examination. Similarly, where the victim is unwilling to identify the perpetrators, no further
action is taken. Moreover, there is no adequate or effective mechanism to protect these victims
or witnesses, such as transferring them to another detention facility or improving their security.
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