A/HRC/7/3/Add.2
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not exist. The human rights protection units which exist in the Ministries of Justice,
Internal Affair’s and the General Prosecutor’s Office cannot be considered independent.
177.
A recent and serious example of excessive use of force was observed on 7 and 8
November 2007, when participants of peaceful demonstrations in Tbilisi and Batumi
were beaten and assaulted by representatives of the special forces, and unknown persons
in black clothes (so called “men in black”) without any IDs. No investigation of this
matter was initiated. No reliable data was published on how many demonstrators were
injured. On the other hand information was published on administrative and even
criminal proceedings initiated against dozens of demonstrators.
178.
A number of well-publicized recent cases illustrate the culture of impunity that
persists (e.g. cases involving Zurab Vazagashvili, Butkhuz Kiziria, Zviad Babukhardia,
Valeri Bendeliani, and Boris Pkhakadze).While there have been several cases where
police officers were charged under the new Criminal Code provisions with “torture”,
“threatening with torture” and “inhuman and degrading treatment”, there are as yet no
convictions. Perpetrators tend to be convicted and sentenced under provisions which
carry less severe prison terms (e.g. hooliganism involving a weapon, article 239(3);
abuse of official authority, article 332; or exceeding official authority, article 333). Many
cases do not come to light as detainees are afraid to complain or identify perpetrators for
fear of reprisals. In other instances prosecutions of cases are terminated without clear
reasons given.
179.
According to non-governmental sources, no information has been made
available on the progress of the investigation against the representatives of the law
enforcement agencies who were involved in the incident of 27 March 2006 in Tbilisi
Prison No. 5 (e.g. measures to ensure transparency and independence of investigations;
outcome of interviews of all detainees present during the incident; results of forensic and
ballistic examinations, etc.). Moreover, there was another serious incident in a juvenile
penitentiary on 15 August 2007. The penitentiary department special operations unit
personnel were called in to deal with an incident involving some inmates and the
facility’s administration. When the juveniles saw the armed personnel entering the
penitentiary they started breaking windows and injuring themselves. As a result, several
juveniles sustained injuries and were transferred to hospital. Nearly 65 inmates were
transferred to Prison No. 2 in Rustavi for three months. No information about the results
of the investigation into the incident has been made available.
180.
Non-governmental sources expressed concern at the lack of clarity from the
Ministry of Internal Affairs regarding the requirements of the Ministerial Order of 19
February 2007 on personal identification numbers of police officers. In particular,
information has not been forthcoming concerning when officers are required to wear the
numbers, the manner in which they are required to wear them, and whether they are
required to wear them at all times when in contact with prisoners. Officers of the special
unit, often masked when conducting arrests, dispersing demonstrations, or carrying out
other operations, and who are often at the centre of allegations of ill-treatment, are
reportedly exempt from wearing identification badges. No information has been
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