A/HRC/31/57/Add.3
28.
Video footage showing cases of beatings and rape of inmates by prison staff in
Gldani establishment No. 8 emerged on 18 September 2012 and may be considered a
culminating event.
29.
Following the parliamentary elections held in October 2012, the Georgian
authorities committed to the fight against torture as a priority. They have since made efforts
to prosecute and convict crimes of torture and ill-treatment, invested in new prison
infrastructure and instituted extensive policy changes. The effort made to ensure effective
application of the new laws and policies throughout the entire chain of command was
reflected also in a fundamental change in the mentality of the personnel concerned. The
Special Rapporteur notes that, altogether, the impact of these efforts has been visible and
quantifiable at various levels.
30.
The Special Rapporteur points out that 500 inmates have been declared victims after
investigations, and 230 have been placed under medical examination.
31.
According to information received from the Office of the Chief Prosecutor, the
Office has received approximately 8,000 complaints of torture and ill-treatment committed
in the era preceding the elections of October 2012; 2,500 cases have been investigated, of
which 500 have been prosecuted, including 10 prison directors, 10 deputy directors, and 56
police officers. As at September 2015, 40 had been convicted, including two directors and
10 deputy directors.
32.
The Office of the Chief Prosecutor informed the Special Rapporteur that it had
registered 52,000 claims of torture and ill-treatment committed in the period 2004-2011,
although no documentation supporting this figure was provided. The Special Rapporteur
was also informed that, between January and September 2015, 12 criminal investigations
were initiated into allegations of ill-treatment committed by personnel in the penitentiary
(10 cases) and the police (two cases) in 2014 and 2015. Moreover, he is aware that, on 29
April 2015, three officers from the Ministry of Internal Affairs were charged with torturing
three recruits in aggravating circumstances. The three officers are in detention, pending
proceedings. Furthermore, on 11 February 2015, charges were filed against seven inmates
for torturing a fellow inmate; a hearing is now pending.
33.
The Ministry of Corrections has invested in new infrastructure, closed down
unsuitable establishments and renovated others. The Special Rapporteur observed good –
and in some cases exemplary – sanitary conditions in all places visited, including cells,
showers, kitchens and common areas.
34.
Since early 2013, the prison population in Georgia has been drastically reduced
(from 19,000 to less than 9,000) by a law on amnesty applicable to many different offences.
Many inmates have been released through a combination of commuted sentences, the
reduction of other sentences by a quarter, earlier eligibility for parole and other measures.
The Special Rapporteur notes with concern, however, that some of the measures are applied
in a somewhat imbalanced way (for example, with regard to persons serving life sentences).
35.
The reduction in the prison population has also addressed the problem of
overcrowding. Although all inmates have a bed and bedding, the Special Rapporteur notes
with regret that the prison population has now grown to about 10,400 and that the system is
approaching its maximum capacity (estimated at 11,500, or 4 m2 per inmate). In this regard,
he welcomes efforts by the Ministry of Justice to amend the Criminal Code and to liberalize
its criminal law, including by a clearer definition of criminal liability for drug possession
and distribution.
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