2.2. ILL-TREATMENT IN PENITENTIARY ESTABLISHMENTS In order to secure prevention of torture and ill-treatment, it is essential that the state adequately reacts to the alleged facts of ill-treatment in penitentiary establishments and alleged facts of ill-treatment by law-enforcement officers, so that those involved in torture do not act with impunity. The Public Defender of Georgia has repeatedly emphasized lack of institutional independence of investigative authorities in law and practice, in connection with the crimes allegedly committed by the law enforcement officers and allegations of crimes committed in the penitentiary establishments. In 2013 and 2014 Reports for the Parliament of Georgia, the Public Defender gave a recommendation to create an independent investigative organ to ensure effective investigation into death, torture, inhuman and degrading treatment by the law-enforcement officers and those committed in the territory of penitentiary establishments. This recommendation has not so far been fulfilled. According to the information provided by the Chief Prosecutor’s Office of Georgia,8 in 2015, investigation was initiated into 35 criminal cases in connection with facts of torture and ill-treatment in penitentiary establishments. This includes 12 criminal cases in connection with Article 1441 of the Criminal Code of Georgia, 15 criminal cases in connection with Article 1443, 8 criminal cases in connection with Article 333. Investigation was terminated into one criminal case in connection with the crime provided by 1443, based on Article 105 (1) (a) of the Criminal Code of Georgia. All the other investigations are under way. Under Article 17 (2) of the Constitution of Georgia, torture, inhuman, crucial or degrading treatment or punishment is impermissible. Under Article 7 of the International Covenant on Civil and Political Rights (ICCPR), no one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment. According to Article 10 of the ICCPR, all persons deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person. According to the UN Human Rights Committee, respect for human dignity constitutes a norm of international law not subject to derogation.’9 International human rights law guarantees protection of rights of persons deprived of liberty in their respective establishments. A state should take all necessary measures to ensure that the person does not suffer beyond the inevitable element of suffering connected to punishment. Failure to fulfill this obligation causes the violation of Article 3 of the European Convention of Human Rights.10 The letter N13/11646 of the Chief Prosecutor’s Office of Georgia dated 25 February 2016. General Comment No 29, States of emergency (Article 4), CCPR/C/21/Rev.1/Add.11, 31. August 2001, para. 13(a). 10 KUDLA v. POLAND, Appl.no. 30210/96; Valašinas v. Lithuania, Appl. no. 44558/98, § 102, ECHR 2001-VIII. 8 9 NATIONAL PREVENTIVE MECHANISM (NPM), 2015 21