A/HRC/7/3/Add.2 page 42 not exist. The human rights protection units which exist in the Ministries of Justice, Internal Affair’s and the General Prosecutor’s Office cannot be considered independent. 177. A recent and serious example of excessive use of force was observed on 7 and 8 November 2007, when participants of peaceful demonstrations in Tbilisi and Batumi were beaten and assaulted by representatives of the special forces, and unknown persons in black clothes (so called “men in black”) without any IDs. No investigation of this matter was initiated. No reliable data was published on how many demonstrators were injured. On the other hand information was published on administrative and even criminal proceedings initiated against dozens of demonstrators. 178. A number of well-publicized recent cases illustrate the culture of impunity that persists (e.g. cases involving Zurab Vazagashvili, Butkhuz Kiziria, Zviad Babukhardia, Valeri Bendeliani, and Boris Pkhakadze).While there have been several cases where police officers were charged under the new Criminal Code provisions with “torture”, “threatening with torture” and “inhuman and degrading treatment”, there are as yet no convictions. Perpetrators tend to be convicted and sentenced under provisions which carry less severe prison terms (e.g. hooliganism involving a weapon, article 239(3); abuse of official authority, article 332; or exceeding official authority, article 333). Many cases do not come to light as detainees are afraid to complain or identify perpetrators for fear of reprisals. In other instances prosecutions of cases are terminated without clear reasons given. 179. According to non-governmental sources, no information has been made available on the progress of the investigation against the representatives of the law enforcement agencies who were involved in the incident of 27 March 2006 in Tbilisi Prison No. 5 (e.g. measures to ensure transparency and independence of investigations; outcome of interviews of all detainees present during the incident; results of forensic and ballistic examinations, etc.). Moreover, there was another serious incident in a juvenile penitentiary on 15 August 2007. The penitentiary department special operations unit personnel were called in to deal with an incident involving some inmates and the facility’s administration. When the juveniles saw the armed personnel entering the penitentiary they started breaking windows and injuring themselves. As a result, several juveniles sustained injuries and were transferred to hospital. Nearly 65 inmates were transferred to Prison No. 2 in Rustavi for three months. No information about the results of the investigation into the incident has been made available. 180. Non-governmental sources expressed concern at the lack of clarity from the Ministry of Internal Affairs regarding the requirements of the Ministerial Order of 19 February 2007 on personal identification numbers of police officers. In particular, information has not been forthcoming concerning when officers are required to wear the numbers, the manner in which they are required to wear them, and whether they are required to wear them at all times when in contact with prisoners. Officers of the special unit, often masked when conducting arrests, dispersing demonstrations, or carrying out other operations, and who are often at the centre of allegations of ill-treatment, are reportedly exempt from wearing identification badges. No information has been

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