CPC article 263, provides that, if
information recorded upon routine medical
examination shows that a prisoner has
injuries, the prosecutor can initiate a
preliminary investigation, even in the
absence of allegations from the detainee;
Internal Guidelines of the Prosecutor
General regarding Preliminary
Investigation into allegations of torture,
inhuman and degrading treatment of 7
October 2005 require the automatic
opening of a case if reports on torture are
received and fix maximum delays for
preliminary investigations.
All allegations of torture
and ill-treatment be
promptly and thoroughly
investigated by an
independent authority with
no connection to that which
is investigating or
prosecuting the case against
the alleged victim (c)
No mechanism to conduct such
investigations independently.
Human Rights Protection Units exist in the
Office of the Prosecutor General and the
Ministry of the Interior; however they are
not independent; both agencies also have
General Inspection Units in charge of
ensuring internal discipline (see below);
According to CPC article 62, any crime
committed by a policeman shall be
investigated by the Investigative Unit of
the Prosecution Service; therefore,
investigating officials are not from the
same service as those who are subject of
the investigation;
67
Ministerial Order of 19 February 2007
para. 1 requires heads of territorial and
structural units to ensure that every person
in their subordination, who carries out
investigative activities in connection with a
Government: In 2008, preliminary
investigations were initiated under article
118 of the Criminal Code (‘Less serious
damage to health on purpose’), in 21 cases
of allegations at Gldani prison, of which 5
were closed and 16 cases are ongoing. In
one case, a preliminary investigation was
opened under article 333 of the Criminal
Code (‘Exceeding Official Powers’).
In 2009, preliminary investigations were
started in 18 cases under article 118, of
which 5 were closed, while 13 cases are
still ongoing. Preliminary investigations
were initiated in one case under article 333
of the Criminal Code.
A/HRC/13/39/Add.6
A Decree of the Penitentiary Department
of 7 August 2006 requires every member
of the Special Task Force to have
identification insignia consisting of four
numbers on his/her uniform;
Non-governmental sources: Prisoners of
Gldani Prison are subject to systematic
beatings. Cases where excessive force had
allegedly been used, and which led to
death in custody were not investigated.
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