E/CN.4/2001/66
page 100
Gambia
498. By letter dated 8 November 2000, the Special Rapporteur reminded the Government of a
number of cases transmitted in 1998 regarding which no reply had been received.
Georgia
499. By letter dated 5 October 2000, the Special Rapporteur advised the Government that he
had received information according to which the system in place to ensure investigation of
torture complaints is inefficient and partial. Although a number of police officers have been
arrested or disciplined for physical abuse, this is said to occur only in extreme cases, such as
those resulting in death. Prosecutors have reportedly been reluctant to open a criminal case at
all, or have closed the case for alleged lack of evidence after what appears to be a perfunctory
investigation. Many alleged victims simply do not believe that their complaints will result in a
rigorous, comprehensive and impartial investigation. Others are said to be deterred from lodging
complaints by a fear of reprisals, believing that any attempt on their part to bring those
responsible to account, or simply to stop the ill-treatment, will only result in greater abuses
against them or their relatives.
500. Most allegations have related to periods of short-term detention by the police, when
beatings are sometimes reported to have been accompanied by extortion, with relatives facing
financial or other demands in exchange for the detainee’s release, or during the period of
pre-trial detention, when detainees have alleged the use of physical and psychological duress in
order to force confessions or obtain other information. Lawyers and family members have
reportedly been denied access to detainees by the police and investigators.
501. In particular, the Special Rapporteur transmitted information on the following individual
cases.
502. On 29 May 1999, police from the Gldani district of Tbilisi reportedly forcibly broke up
an open-air meeting of an evangelical Christian group. Church members, including the pastor
of the Madli (Grace) church, Zaal Tkeshelashvili, and his wife Nino, were severely beaten by
the police, including the Assistant Police Chief of the district. A group of 20 members of the
congregation are said to have gathered near the Achmeteli metro station after the meeting was
dispersed by the pastor. The group was reportedly blocked by three police cars containing some
12 officers. The police attempted to detain the pastor and his wife but were prevented from
doing so by the other church members present. Members of the group were then allegedly
beaten and kicked for about 10 minutes. Gocha Lalebashvili was allegedly thrown to the
ground and kicked in the head and face. On 17 August 1999, a judge is reported to have found
in favour of the police, ruling that their actions to break up the meeting were appropriate.
Pastor Zaal Tkeshelashvili lodged an appeal with the Tbilisi regional court, but it was reportedly
rejected on 10 October 1999. No criminal charges are believed to have been laid in connection
with the alleged assaults.
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