09.2006 - Source: World Organisation Against Torture

Upon comments of Special Rapporteur on Torture Georgia has amended provisions on torture in Criminal Code to fully comply with Convention against Torture ("Human Rights Violations in Georgia; Alternative Report to the United Nations Committee Against Torture") [ID 17917]

"On 23 June 2005, the Parliament of Georgia adopted amendments to the Criminal Code regarding the definition of the crimes of torture and ill-treatment. According to the amendments, Article 144(1) of the Criminal Code now defines the crime of torture as : “subjecting a person, his/her relatives or financially or otherwise dependant persons to such conditions, such treatment or punishment, which by their nature, intensity or duration cause severe physical or mental pain or suffering, and have the purpose of obtaining information, evidence or a confession, to intimidate, coerce or punish a person for an act she/he or a third party  ommitted or is/are suspected of having committed.” The penalty prescribed for the crime is imprisonment ranging from five to ten years and/or a fine. The second paragraph of the same article provides for aggravated circumstances of torture, including the components contained in Article 1 of the UN Convention against Torture. Threats of torture (Article 144(2) ) and inhuman and degrading treatment (Article 144(3) ) were also introduced by the amendments of June 2005. [...] In aggravating circumstances, the crime is punishable by imprisonment from seven to fifteen years and a deprivation of the right to occupy a position or pursue a particular activity for up to five years."

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23.09.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Provisions on crime of torture and rights of victims of torture ("Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; Mission to Georgia [E/CN.4/2006/6/Add.3]") [#43330],  [ID 4812]

For more details regarding rights of suspects and crimes related with torture please refer to the original document

"14. In the 1999 Criminal Code (CC), as amended up to 31 January 2002, article 126 (1), defines the crime of torture as “systematic beating or other violence that has resulted in the physical and psychological suffering of the victim but has not produced the consequences set out in articles 117 or 118 [i.e. intentional damage and less serious damage to an individual’s health, respectively]”. Apart from this provision, only in article 335, concerning coercion in submitting evidence, is torture specifically mentioned.[...]
16. However, even according to the Government, the definition of torture in Georgian criminal law does not satisfy the requirements laid down in article 1 of the Convention. In particular, the crime of torture seems to be restricted to physical violence, and it lacks the requirement of intentional infliction of severe pain or suffering for a specific purpose, such as obtaining a confession, intimidation, or punishment.
17. The safeguards for persons during arrest and detention are provided in article 18 of the Constitution, and include: the impermissibility of detention without a court order; production of an arrested person before a court within 48 hours; a limitation of the period of arrest of 72 hours and a maximum limit of detention in remand of nine months; the impermissibility of physical or mental coercion; and right to defence upon arrest. Article 42 reiterates the right to a defence, and provides for the inadmissibility of illegally obtained evidence.[...]
19. The right to make a complaint is provided in article 73 (1) (j) of CPC. [...] Even in the absence of a complaint the authorities are required to investigate a crime, according to articles 24, 261, 263 and 264 of CPC, e.g. in cases where they have been notified by non-governmental organizations or through the mass media.
22. Under the 1996 Law on the Public Defender, a complaint may also be submitted to the Public Defender. [...] Following an investigation, the Public Defender may forward his findings to the competent authorities with a recommendation to institute criminal proceedings, according to article 21.
23. The crime of torture is punishable by up to three years’ imprisonment. Article 126 (2) increases the penalty, providing for three to six years’ imprisonment in relation to special circumstances, for example, where the perpetrator has used his official position.
26. Article 42 (9) of the Constitution guarantees the right to compensation for torture and ill-treatment. [...] Moreover, the right to claim for rehabilitation and compensation for damages resulting from the unlawful acts of criminal procedure bodies is guaranteed, according to articles 219 to 229 of CPC."

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