National Preventive Mechanism It was suggested that the Prosecutor’s Office often failed to initiate criminal cases into complaints of ill-treatment, and that when cases were opened; this was rarely under Article 1441 of the Criminal Code, but rather under Article 333. Furthermore, it was said that the proceedings were protracted and very rarely led to convictions, which diminished trust in the system for investigating complaints”. 6 Herewith we shall note that one of the main problems related to the investigation of the facts of ill-treatment is incorrect qualification – in some cases investigation is initiated pursuant not to articles referring to torture or body injuries but under the clause of abuse of power which represents a disciplinary crime and envisages significantly lighter sanction. A clear example of this is cases of Petre O. and Malkhaz A. Case of Petre O. The convict noted that in February 2012 he was raped and tortured by employees of the penitentiary establishment N15 in Ksani. On November 26th, 2012 the written demand N1091/03-4 was sent from Public Defender’s Office to the Chief Prosecutor of Georgia in which we requested information regarding the following: when the investigation into the above fact has started; what investigative actions have been taken so far; and whether criminal proceedings have been instituted against specific person/persons. According to the reply N13/54152 received from the Chief Prosecutor’s Office of Georgia on December 11th, 2012, on July 10th, 2012 the investigation unit of the Shida Kartli and Mtskheta-Mtianeti District Prosecutor’s Office, on the basis of a joint application of convicts of the Ksani N15 establishment, initiated investigation into the criminal case on the fact of abuse of power by personnel of the penitentiary establishment N15 in Ksani pursuant to the paragraph 1 of the Article 3337 of Penal Code of Georgia. The same response stated that testimonies were received from Petre O. and other convicts regarding the above case and forensic medical examinations were also carried out. And that at the time criminal proceedings against a specific individual had not been initiated and investigation was ongoing. *** Public Defender’s Office of Georgia sent written requests to the Chief Prosecutor’s Office of Georgia in which we have requested information regarding the following in 2012: 1. How many preliminary investigation into criminal case pursuant to the Articles 332-333, as well as Article 144¹-1442-1443 of the Penal Code of Georgia (separately) were initiated; 2. Criminal proceedings against how many individuals have been initiated; How many of them were public servants (with indication of the agency); 3. How many of the above mentioned criminal cases were submitted to common law courts for essential consideration; 4. Number them procedural agreements being drawn up; furthermore how many criminal cases were terminated pursuant to the above-mentioned Article and what was the basis for termination. According to reply received from the Chief Prosecutor’s Office of Georgia, for the period from January 1 to June 30, 2012: 1. 6 7 Investigation was initiated under the Article 332 of the Penal Code of Georgia on 24 facts; Investigation was initiated under Article 333 of the Penal Code of Georgia on 37 facts; Investigation was initiated under Article 1443 of the Penal Code of Georgia on 1 fact; No investigation was initiated under Articles 1441-1442 of the Penal Code of Georgia. Report to the Georgian Government on the visit to Georgia carried out by the European Committee for the Prevention of Torture and inhuman or degrading Treatment or Punishment (PCT). par. 17. Abuse of power. “Punishable with a fine or deprivation of liberty for the period up to three years, deprivation of right to occupy a high position or activity for the period up to three years”. www.ombudsman.ge NPM Report