E/CN.4/2006/6/Add.3
page 27
sustained bruises, scarring and a concussion. He was warned not to reveal that he had been
beaten. David Tsituri, the Shida Kartli Regional Prosecutor, approached George Migriauli’s
family and demanded a GEL 10,000 plea-bargain settlement to secure his release. Despite the
payment having been made, George Migriauli was not released and he eventually signed a
confession. He was transported at 6 a.m. the next day to the police lock-up, where he was held
for about three days. At the initial court hearing, the judge remanded him to three months’
pretrial detention. When he arrived at the facility at 3 p.m., the staff informed the Gori Branch
of the Public Defender’s Office, which facilitated medical treatment for him. Despite the
doctor’s recommendation that he be transferred to a hospital, the prosecutor’s office did not
issue the order for the transfer. Upon the intervention of the Public Defender’s Office, the
General Prosecutor’s Office announced that a criminal case concerning torture had been opened.
George Migriauli was later transferred to the Prison Hospital, and is presently free on his own
recognizance. The district and regional prosecutors have since resigned from their posts.
The Special Rapporteur met with George Migriauli at UN House, Tbilisi, on 24 February 2005.
16.
The Government reported that on 11 October 2004, officers of the Inspection General
questioned Giorgi Migriauli in the Gori Isolator of Temporary Arrest of the Ministry of Internal
Affairs. He denied any ill-treatment and explained that his injuries were the result of a struggle
with unknown persons in the Kaspy District prior to his arrest. His brother and cousin confirmed
this account. At his first appearance before the court, Giorgi Migriauli denied that he had been
assaulted physically or verbally during arrest and investigation. On 13 October, after being put
in the hospital, he changed his statement and alleged that unlawful acts had been committed by
the Gori District Prosecutor. On 15 October, the Office of the Prosecutor General opened a
criminal case into the crime of compulsion to provide evidence committed in aggravated
circumstances (article 335 (2) of the Criminal Code), and directed the Office of the Inspector
General of the Procuracy to conduct an investigation. A number of witnesses have been
questioned, and forensic and other examinations have been carried out. There are some other
inquiries still pending. Giorgi Migriauli is currently receiving medical care from a torture victim
treatment and rehabilitation centre. The forensic examinations are expected to be finalized when
his treatment is completed. On 15 January 2005, the Prosecutor General extended the
three-month period of investigation to 15 March, and again to 15 May. After the case on
compulsion was initiated, Giorgi Migriauli was released on bail. Shortly thereafter, he filed
a statement with the Prosecutor General partially denying that the procuracy officers had
ill-treated him. On 21 March 2005, he appeared before the investigators and testified about
inhumane treatment by the former Gori District Prosecutor, who has been charged under
articles 118, 147 and 335 (2) of the Criminal Code. Although Giorgi Migriauli denied that the
former Deputy Gori District Prosecutor was involved, he was also charged in relation to the
crime. On 27 April 2005, the Mtatsminda-Krtsanisi District Court ordered the former Gori
District Prosecutor to provide a written undertaking that he would not leave the area pending the
proceedings. From 17 May 2005 to 3 June, complex forensic examinations were conducted with
respect to the injuries sustained by Giorgi Migriauli.
17.
Concerning the issue of compensation to victims and their families, the Government
reported that where cases are still under investigation, it is not possible to decide on
compensation. When a decree is issued dismissing a case of alleged ill-treatment, it follows that
requests for compensation are also dismissed.
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