E/CN.4/2006/6/Add.3
page 23
he had been tortured, out of fear, until July 2004. On 2 July, he was moved to a solitary cell in
the basement of Prison No. 7. The cell was approximately 4 m2 and had no lighting or adequate
ventilation. On 5 July, the Tbilisi Office of the Public Prosecutor opened a criminal case in
relation to the torture of Sulkhan Molashvili. Forensic examinations conducted by the State and
by an independent expert on 6 and 9 July, respectively, indicated lesions and scars consistent
with the account of the treatment he described. On 16 July, Sulkhan Molashvili suffered a heart
attack and was moved to the Prison Hospital. He has lost 25 kg since 4 June. On 22 July, the
judge of the Investigative Panel of the Tbilisi District Court approved the prosecution’s request
for an extension of his detention for another three months, to 23 October. The Special
Rapporteur met Sulkhan Molashvili at the Prison Hospital on 22 February 2005, where he
remains in pretrial detention. He stated that since 12 December 2003, he has been continuously
harassed because of his allegations of governmental corruption.
8.
The Government reported that Sulkhan Molashvili was arrested on 23 April 2004,
at 2.50 a.m. The Tbilisi City Prosecutor’s Office was dealing with the investigation. He was
subsequently placed in Prison No. 7 of the Isolator of Temporary Arrest of the Ministry of
Internal Affairs. In response to information published in the press, on 4 July, the Tbilisi City
Prosecutor visited Sulkhan Molashvili in Prison No. 7, during which he claimed that on the night
of 23 April he was taken from the isolator to one of the rooms on the upper floors of the building
by unknown persons. There they tortured him with hot objects and an electrical device in order
to obtain a confession. He further claimed that the perpetrators threatened that his family would
be harmed if he disclosed the torture. On 5 July, a criminal case into the allegations of abuse of
power by forcible means (article 332 of the Criminal Code) was opened. In the course of the
investigation employees of the isolator, Prison Nos. 1 and 7, and the Prison Hospital, as well as a
number of witnesses, were interviewed. A judicial decree has been obtained to access the
medical records and other relevant documentation relating to Sulkhan Molashvili maintained by
the Prison Hospital. On 5 July, a forensic examination was conducted and the findings included
five oval scars on the left and right sides of his torso. They appeared to have been made with a
hot object and were of slight severity. Although the exact date of the injuries could not be
determined, they could not have been inflicted earlier than six months previously. On 3 August,
at the request of the defence counsel, an independent forensic expert conducted an examination.
Similar conclusions concerning the scars and their origins were drawn, and the same conclusions
were arrived at by a joint commission of forensic experts on 14 August. Consequently,
on 27 October, a criminal case was opened against the doctor of Prison No. 7 for failure of a
State official to perform his duties (article 342 of the Criminal Code), particularly his failure to
carry out an adequate examination of Sulkhan Molashvili. Similar charges were brought against
the medical staff of Prison No. 1 and the Prison Hospital. Proceedings have been under way
since 16 February 2005. It was their failure to examine the health of Sulkhan Molashvili that
has prevented the investigations into the allegations to be conducted effectively. Concerning
his medical treatment during his detention in Prison No. 7 from 2 to 16 July, he was provided
treatment in accordance with particular symptoms. According to the prison registry, on 5, 15
and 16 July, he was treated by a doctor. On 16 July he was taken to the Prison Hospital. The
Government has a special interest in ensuring that the investigation is conducted in compliance
with international and national norms. As an indication of the Government’s interest, a number
of international organizations have been requested to render assistance, namely in the area of
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