E/CN.4/2006/6/Add.3
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13.
Ms. Ketevan Lotishvili, aged 41. On 29 May 2004, at around 4 p.m., Ms. Lotishvili was
arrested at her house in Tbilisi in connection with a theft of a television set from a neighbouring
house. She was taken to the Isani-Samgori District Police Station. At around 3 a.m. she was
taken into the office of a male investigator, who opened a box containing a collapsible truncheon
and struck her on the head and neck with it. He interrogated her about other thefts in the area.
Despite the attempts of another investigator to intervene, he continued to hit her, striking her in
the kidney area and probing the truncheon on various parts of her body. She was later brought
back to her cell. About one hour later, the male investigator returned, using abusive language
and continued to question her, indicating that he would let her go if she confessed. On 1 June,
she was brought to the women’s colony, Prison No. 5. Upon arrival, out of fear, she did not
indicate her injuries during the medical examination. However, two days later, she developed a
severe headache, and revealed her treatment to the neuropathologist, who examined her.
Although she receives medication, she still experiences pain in her kidneys. At the time of the
Special Rapporteur’s visit with Ms. Lotishvili at Prison No. 5 on 23 February 2005, she had been
in pretrial detention for a burglary charge for over eight months, a clear example of how easily
the courts resort to pretrial detention, especially in circumstances which do not give rise to a risk
of absconding or tampering with evidence.
14.
The Government reported that Ms. Lotishvili was arrested on 29 May 2004. When she
was first put in Prison No. 1, on 1 June, an examination revealed a minor abrasion on her right
upper eyelid for which no medical treatment was necessary. On 16 June, the Head of the
Penitentiary Department of the Ministry of Justice was notified by the prison administration of
the injury. At the initiative of the prison director, a forensic examination was conducted and
concluded that the injury had been caused by a solid blunt object, and its gravity was not such as
to impair her health. Ketevan Lotishvili stated that the injuries were sustained before her arrest
at home, and she does not make any claims against the officers of the Ministry of Internal
Affairs. The investigation revealed that she was a chronic alcoholic who was frequently
involved in domestic disputes with her husband. Indeed, on 27 May, two days before her arrest,
she was involved with a dispute with her husband. Concerning the allegations of ill-treatment by
the police officers, the issue of the initiation of action against them was not even considered, as
the likelihood that they had caused the alleged injuries was very marginal. For this reason,
on 1 July 2004, a decree was issued declining to initiate a criminal case against the police officer.
On 13 February 2005, she was moved to Prison No. 5 (Women), where she was medically
examined upon arrival and no injuries were detected. According to the prison doctor,
Ketevan Lotishvili suffers from headaches and bouts of dizziness, likely as a result of earlier
concussions. She is being provided with adequate treatment. Her detention pending trial was
required by the interests of justice.
15.
George Migriauli, aged 28. On 9 October 2004, at 2 a.m., unknown persons in
masks entered his house, assaulted him and his family, and took him away to the office of
Archil Babajanashvili, the Gori District Prosecutor. He was beaten by the prosecutor and his
deputies in order to make him confess to bribing officials. George Migriauli was forced to sit
with his back against a wall and was beaten on the head and body. A wet rag was wrapped
around his head and he was struck with an instrument. After he lost consciousness, he was
revived with cold water. He was burned with cigarettes on his abdomen and struck with open
palms simultaneously on his ears. When he asked for a lawyer, the prosecutor put the muzzle of
a gun in his mouth and pretended to fire it. He repeated this act numerous times. Mr. Migriauli
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