E/CN.4/2006/6/Add.3 page 25 Annexed to the complaint was a report from a torture victims��� rehabilitation and treatment centre supporting the findings of ill-treatment. Based upon the complaint the Procuracy commenced an investigation. All persons having any connection with the circumstances described in the complaint were questioned and necessary information obtained by different agencies. There were inconsistencies in the statements given by David Mindadze, who later denied the involvement of persons whom he earlier alleged had taken part in the beatings. Reports of the treatment centre, David Mindadze’s wife and an NGO were biased and based primarily on his assertions. For example, the centre’s report states, “the current physical and psychological status of the patient does not exclude the possibility that he had been subjected to physical and psychological influence and torture that might have resulted in this kind of deterioration of his psychological condition”. The report speaks about David Mindadze’s alleged ill-treatment in terms of “possibilities” and likelihood and fails to reliably set out any definite conclusions. Moreover, the report of the centre indicates the existence of a skull fracture as evidenced by computer tomography, which contrast with the findings of the examination conducted on 18 October 2004 by the Forensic Medical Expertise Centre and the Diagnostics Institute of Radiology. As there appeared to exist substantial inconsistencies between the two sets of reports, additional experts were consulted. On 12 November 2004, a multi-institutional team of experts, which included the author of the original tomography report, carried out an examination, and found that there were no injuries to the skull of David Mindadze. According to the following persons, the allegations of David Mindadze are unsupported: the alleged perpetrators; the medical personnel and the director of Prison No. 7; witnesses; the Chairman of the Vake-Saburtalo District Court and the secretary of the court session; a video operator; his relatives; and a neighbour. One psychologist explained that the mental condition of David Mindadze is typical for those suffering from phobic neurosis, which is caused by fears developed as a result of stress. Being detained and charged, according to the expert, is sufficient to drive an individual to phobic neurosis. Further, beatings and torture can by no means be considered the only grounds giving rise to this pathology. A doctor who examined David Mindadze on 13 May 2004 stated that he told the doctor nothing about ill-treatment; a visual examination found no marks of physical violence and that his mental state was a result of his alarm at being arrested, given that he was wanted by the authorities. While David Mindadze claimed he was beaten by police officers on 13 May, a videotape of him being brought back to the crime scene on the same day clearly shows no visible injuries and that he could move without difficulties. It is likely that the injuries he complains of were inflicted by inmates in the prison. The nature of the circumstances within the prison makes it difficult to recreate the events there. Based on all of the foregoing, the Procuracy decided not to open a criminal case into the allegations, and a decree was issued to that effect on 17 November. On 6 December, the decision was appealed to the Tbilisi Krisanisi-Mtatsminda District Court. On 23 December, it reversed the decree and recommended that the Procuracy examine particular factual circumstances before considering whether to bring a criminal case. This decision was appealed by the Procuracy to the Cassation Chamber of the Supreme Court. On 8 February 2005, the Court upheld the District Court’s decision, and on 24 February a criminal case was opened on the crime of torture (article 126 of the Criminal Code). Presently, new investigations are under way into the allegations, including, among other things, further analysis of the above-mentioned videotape. On 19 February, David Mindadze was moved from the Prison Hospital to Prison No. 7. Upon his arrival, no injuries were visible on his body. He is receiving care and is under close observation by the prison doctor.