before
GEORGIA
- Current Issues
- Country Background, Politics & Law
- Human Rights Issues
- Security, Humanitarian Issues and Protection Related Issues
- Autonomous Territories
Human Rights Issues
11.03.2008 - Source: US Department of State
Incidents of police abuse during arrest persisted, but declined; 89 instances were reported during the year of detainees entering pretrial detention with injuries; in response 20 investigations were launched ("Country Report on Human Rights Practices 2007") [ID 22571]
"
According to the public defender's office and human rights monitors, abuse in police stations remained low due to ongoing unannounced and random monitoring of stations, while incidents of police abuse during arrest persisted, but declined. According to the public defender’s office, instances of abuse at isolators of temporary detention had been practically eliminated by year's end, but some cases of physical abuse were reported directly to the police stations. [...]
During the year the Human Rights Protection Unit of the Prosecutor General's Office took steps to address torture and mistreatment by random monitoring of pretrial and prison facilities. The office reported 89 instances during the year of detainees entering pretrial detention with injuries. In response, it launched 20 investigations, which were ongoing at year’s end. During the year 23 Ministry of Internal Affairs officers were sentenced in seven criminal cases of torture and mistreatment, compared to seven persons convicted on four criminal cases in 2006.
Document(s):
Open document
08.11.2007 - Source: Civil Georgia
Opposition leader Davitashvili said he was kidnapped and brutally beaten by seven men in civilian clothing on 7 November 2007 ("‘I was Kidnapped and Beaten’ – Opposition Politician") [ID 21567]
Document(s):
Open document
25.10.2007 - Source: Amnesty International
According to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT), Georgia had made progress preventing ill-treatment of people in police custody; but instances of ill-treatment of detainees persist and conditions in many detention facilities are poor (overcrowded prisons, no activities for prisoners, no social rehabilitation) ("Anti-Torture Body Criticizes Georgia - Rights Groups Urge Tbilisi to End Torture [EUR 56/007/2007]") [ID 21467]
Document(s):
Open document
25.10.2007 - Source: Civil Georgia
Country made progress in preventing ill-treatment of people in police custody, but prison overcrowding undermines efforts made to create “a humane penitentiary system,” report of Committee for the Prevention of Torture (CPT) says ("Report Notes Prison Overcrowding") [ID 21470]
Document(s):
Open document
25.10.2007 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Situation as regards the treatment of persons detained by the police in Georgia had considerably improved; the delegation received only a few isolated allegations of physical ill-treatment ("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 (CPT) from 21 March to 2 April 2007 [CPT/Inf (2007) 42]") [ID 21699]
"
In general, the CPT’s delegation gained the impression that the situation as regards the treatment of persons detained by the police in
The progress made as regards the treatment of persons detained by the police is undoubtedly the result of a series of measures taken by the Georgian authorities in recent years. A number of new Internal Affairs staff have been recruited and a new approach adopted to their selection and training, which incorporates human rights concepts into practical situations such as apprehension and questioning. The adoption of a Code of Police Ethics in January 2006 is another important step. Further, considerable investment has been made in the acquisition of modern technical means of inquiry (audio/video, criminalistic and laboratory equipment).
Document(s):
Report
23.05.2007 - Source: Amnesty International
Ill-Treatment of pre-trial and convicted prisoners; excessive use of force in prison disturbances; five police officers sentenced to prison terms ("Annual Report 2007") [ID 20225]
"Pre-trial and convicted prisoners were reportedly ill-treated on several occasions, and excessive force was reportedly used in prison disturbances in which at least eight detainees died and many more were wounded, including special forces officers. […]
Investigations were opened into allegations of police torture or ill-treatment in dozens of cases. Five officers were sentenced to prison terms of between three and seven years. Investigations were allegedly not thorough or impartial in at least some cases.[…]
In May the UN Committee against Torture called on the authorities to introduce regular monitoring by an independent oversight body of human rights violations by police and prison personnel; to strengthen investigative capacity to ensure allegations of torture or other ill-treatment were investigated promptly and thoroughly; and to promptly inform all detainees of their rights to counsel and to be examined by a medical doctor of their own choice. The Committee also recommended legislation on reparation for victims of abuse and in the meantime practical measures to provide redress, fair and adequate compensation, and rehabilitation.
In several instances, ill-treatment and excessive force were allegedly used against inmates of investigation-isolation facilities and prisons. However, only in the case of disturbances in Tbilisi in March was there an official investigation, which did not start until June and had not made its results public by the end of 2006."
Document(s):
Open document
27.03.2007 - Source: International Helsinki Federation for Human Rights
According to Human Rights Watch, thousands of prisoners lived in conditions, which constituted inhuman and degrading treatment; many were subjected to severe beatings and other ill-treatment, which at times rose to the level of torture ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2007 (Events of 2006)") [ID 19527]
"The Georgian prison population nearly doubled in 2005-6, and two-thirds of all inmates were awaiting trial. The number of remand prisoners has grown rapidly due to the routine use of pre-trial detention, even for non-violent offences. According to Human Rights Watch, thousands of prisoners lived in conditions, which constituted inhuman and degrading treatment, and many were subjected to severe beatings and other ill-treatment. Many facilities were severely overcrowded, with filthy and poorly-ventilated cells. Increased efforts to crack down on organized crime also in the prison system led to repeated and unnecessary strip searches, beatings and other degrading treatment of inmates. At times, the ill-treatment of prisoners rose to the level of torture."
Document(s):
Open document
06.03.2007 - Source: US Department of State
Torture and other cruel, inhuman, or degrading treatment or punishment occur, although the law prohibits such practices; the government initiated at least 68 investigations during the year ("Country Report on Human Rights Practices 2006") [ID 19321]
For documentation of individual cases please refer to the original document
"Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices, although they occurred. During the year the government took steps to implement changes to the Code of Criminal Procedure adopted in 2004 and 2005 to address torture and mistreatment and initiated at least 68 investigations during the year (see section 1.d.). […]
Human rights advocates reported that, because of ongoing unannounced and random monitoring of police stations, allegations of abuse by law enforcement officials at police stations remained low. However, they reported that the number of detainees registered with signs of abuse upon arrival at police stations or pretrial facilities remained high. Amnesty International (AI), domestic NGOs, and the public defender's office reported a large number of cases in which a detainee reportedly sustained injuries resulting from police mistreatment during arrest. The police claimed injuries were either pre-existing or the result of detainee resistance. "
Document(s):
Open document
13.02.2007 - Source: Council of Europe - European Commission against Racism and Intolerance
Excessive use of force and firearms is still common; torture and inhuman or degrading treatment are still practised by law-enforcement officials ("Second report on Georgia: Adopted on 30 June 2006 and made public on 13 February 2007 [CRI(2007)2]") [ID 19175]
"In its first report ECRI recommended that the Georgian authorities take action to improve the mechanisms for processing complaints of unlawful behaviour on the part of law-enforcement officials. In particular it recommended setting up an independent commission to investigate all allegations of human rights violations by law enforcement officials.
Some illegal behaviour, such as excessive use of force and firearms — particularly during special operations — are still common. ECRI is concerned to hear from numerous sources, including the Georgian Ombudsman, that torture and inhuman or degrading treatment are still commonly practised by law-enforcement officials in Georgia."
Document(s):
Open document
10.2006 - Source: International Federation for Human Rights
Ossetians arrested and placed in Gori prison on 27 May claimed beatings; Ombudsman submitted case to Prosecutor General for investigation ("Note: Situation of Human Rights in Georgia") [ID 18209]
"Georgian law enforcers detained on 27 of May, 2006, dozens of Ossetian citizens (48 according to the information of the Ossetian side and 41 according to the Georgian side) and placed them in Gori Police Division. The Ossetian citizens were detained in different places: near the village of Eredvi in Liakhvi Gorge, in other villages of the same gorge, near the village of Kekhvi etc. Two of the detainees (citizens of Russia) are still held in detention. Georgian law enforcers checked their identity documents. 12 of these people were reportedly badly treated. On May, 31, 2006, Mr. Sozar Subari met with five beaten detainees; Felix Tuaev, Eduard Tedeev, Mairbeg Gagiev, Pavlik Doguzov and Ruslan Kusraev. According to the victims, they had no connections whatsoever with any kind of paramilitary groups. No charges have been presented against them. All five detainees claimed that the local police officers did no participate in their detention, but only members of the special units in masks and uniforms. All five detainees described the methods of beating. They were forced to kneel, were undressed. The law enforcers beat them, punched them and kicked them, they also had a big book and the two men used to the book to hit the detainees on their heads. Due to this, they damaged the helix and an eye of one of the detainees. Besides, the law enforcers used empty plastic bottles and a wet towel knotted on one side to hit the detainees and broke the head of Eduard Tedaev with a pistol. Besides, the law enforcers were swearing at the detainees. According to the detainees, they beat for approximately 30 minutes to an hour. The detainees were forced to “confess” that they were militants or to name those militants, whom they knew: their friends, neighbours, etc. The members of the Special Units requested the detainees to work for them and to provide information about military units and equipment in Tskhinvali town. Georgia's Ombudsman, Mr. Sozar Subari stated that the incident, which took place in Gori Police Division, is unambiguously a case of torture committed by the Georgian law enforcers and required an investigation. Mr. Sozar Subari considered that not only the instigators, but also planners and people in charge of the operation should be punished. On May 31, 2006, Georgia's Ombudsman submitted all gathered materials to the Office of Prosecutor General of Georgia for further investigation."
Document(s):
Open document
10.2006 - Source: International Federation for Human Rights
Increase of torture and inhuman treatments by law enforcement bodies; methods of torture include beatings, electric shocks and cigarette burns; impunity of perpetrators ("Note: Situation of Human Rights in Georgia") [ID 18507]
For a documentation of individual cases please refer to the original document
"FIDH and Human Rights Information and Documentation Center (HRIDC), member of FIDH, strongly condemn the increase of torture, inhuman and humiliating treatments especially by law enforcement bodies. Despite the fact that, NGOs and UN human rights mechanisms reported numerous cases of torture committed by police officers, the impunity of their perpetrators is still a reality.
In his annual report to the 62nd Commission on human rights (march 2006) and following a mission to Georgia, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, declared that “torture and ill-treatment by law enforcement officials still exist in Georgia” and that “ the methods of torture included beatings with fists, butts of guns and truncheons and the use of electric shocks, and cigarette burns; injuries sustained by the victims included, among other things, broken bones, cigarette burns, scars, as well as neuropsychological changes”.
During his mission to Georgia, the Special Rapporteur met several detainees and concluded from the interviews that these persons were tortured to obtain confessions. He stated that “their injuries were still visible at the time of the meetings, and had been well documented by independent forensic experts. As was evident to the Special Rapporteur from meetings, these persons continued to suffer from the effects of torture and were in need of appropriate medical treatment and rehabilitation, which they were not receiving”."
Document(s):
Open document
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."
Document(s):
Open document
09.2006 - Source: World Organisation Against Torture
Torture in pre-trial detentions is still common; statements of President Saakashvili on fight against crime are said to discourage police officers from respecting human rights ("Human Rights Violations in Georgia; Alternative Report to the United Nations Committee Against Torture") [ID 17919]
For more examples of cases where torture is alleged please refer to the original document
"Torture in pre-trial detention is still common and the criminal justice system fails to protect victims of abuse. It should be mentioned as well that since the revolution two people have died from torture in Georgia. [...] The Public Defender’s Social Monitoring Council has documented 137 violations by Tbilisi police departments between 12 January and 9 February 2005. 89 cases were classified as human rights violations and 58 as procedural ones. The monitoring process revealed that 28 detainees received body injuries, though only five of them confessed, as is often the case with police violence; seven detainees reported that the police applied psychological pressure to them.[...] Particular concern is voiced towards the statements of President Mikheil Saakashvili and other officials on law enforcement as they seem dissuasive from encouraging lower ranking officials to respect human rights. [O]n 11 March, on the occasion of attending the funeral of three police officers killed in a clash with criminals in Kutaisi, Saakashvili proclaimed: “I declare war on criminals. Do not shoot these guys [policemen]; shoot me if you can, because I order these guys to shoot you [criminals]” The three policemen as well as one alleged car hijacker and one passer-by died on 4 March in a clash between the police and criminals”. Human rights NGOs consider that these and other high-level Statements on law enforcement encourage lower officials to violate basic rights which may lead to an increase in the already existent and excessive use of violence by the police. [...] State reports often contain paragraphs emphasizing the positive measures taken in respect of combating torture, e.g. the establishment of 24-hour hotline for complaints of torture within the Prosecutor General’s Office and the Ministry of Internal Affairs, though the formal steps taken do not mean that they are effective in practice. However, currently, the Ministry of Internal Affairs does not have any information on the number of calls received on the hotline or any actions taken in response, which weakens the argument that a 24-hour torture complaint hotline is an effective torturepreventive measure. [...] On 12 May 2005, the Special Task Department of the Interior Ministry, together with the Special Forces, arrested 43 yearold Givi Janiashvili at his home for alleged possession of drugs. Janiashvili was brutally beaten by 20-30 members of Special Forces of the Interior Ministry during his detention. The lawyer of the accused stated that the drugs found at Janiashvili’s flat had been planted by law enforcement officials. According to the information provided by Zurab Rostiashvili, the lawyer of the accused, the 12 May detention of Mr. Janiashvili was conducted with extreme cruelty. He sustained severe head injuries from being struck by a gun. The investigator of the Special Task Department of the Ministry of the Interior stated that force was indeed used against Janiashvili but justified their activities by saying that the accused resisted and opposed them during his detention. Janiashvili’s lawyer and witnesses of his detention have made contradictory statements saying that the use of force was unjustifiable because there was no opposition. Following a search of the accused person’s flat, no evidence of weapons was found which ruled out any accusations of armed resistance. Janiashvili was first arrested by security staff a year ago while crossing the border of Vale. He was charged by law enforcement officials for buying, keeping and illegally transporting drugs. According to his lawyer, he was forced to confess to the fact of keeping drugs while law enforcers inscribed false witnesses in the search protocol. According to Janiashvili’s lawyer, Keso Tsartsidze, the District Court of Aspindza released him on 3 May on the basis of the second part of Article 260 which refers to the absence of evidence and the witnesses. Ten days later at 1:30 pm on 12 May, 20-30 masked Special Forces troops entered Janiashvili’s flat and arrested him, violating a number of procedural norms during his arrest. This time the Court sentenced Janiashvili to three-month preliminary detention, however, his lawyer intends to file a claim against this decision. Janiashvili’s wife stated that her husband is the victim of the personal interests of law enforcement officials. […] The case is currently being investigated by the Special Task Department of the Interior Ministry."
Document(s):
Open document
23.05.2006 - Source: Amnesty International
Reports of torture and ill-treatment continued, still many cases went unreported because police covered them up or because victims were afraid; investigations of cases of alleged torture were not systematic, and many were not carried out impartially ("Annual Report 2006") [ID 15542]
"Nevertheless, reports of torture and ill-treatment continued. The methods allegedly included putting plastic bags over the detainee’s head; placing a gun in the detainee’s mouth and threatening to shoot; beatings, including with gun butts; kicking; and threats against the detainee’s family. [...] Many cases did not come to light because police covered up their crimes and detainees were often afraid to complain or identify the perpetrators for fear of repercussions. There were shortcomings in the implementation of legal safeguards aimed at preventing torture and ill-treatment, such as prompt access to a lawyer.Impunity for torture and ill-treatment remained a problem, and no victims of torture or ill-treatment were known to have been awarded compensation. According to the Human Rights Protection Unit of the General Procuracy, 151 criminal cases or preliminary investigations were opened and charges were brought against 31 law enforcement officers during 2005. However, procurators did not open investigations into all potential torture and ill-treatment cases in a systematic manner. In dozens of cases where the procuracy opened investigations the perpetrators were not brought to justice. Many investigations were not carried out in an impartial and independent manner. [...]The European Committee for the Prevention of Torture (CPT) stated in its report issued in June that in Georgia, “criminal suspects ran a significant risk of being ill-treated by the police, and that on occasion resort may be had to severe ill-treatment/torture”. [...] Givi Janiashvili was arrested by more than 30 masked special unit police officers at his home in the town of Rustavi on 12 May. He was unarmed, and said that he put up no resistance. He was reportedly beaten severely in front of his wife, his 11-year-old child and several neighbours. A forensic expert who examined him four days later found injuries consistent with his account. Tbilisi city procuracy did not open an investigation into the allegations of ill-treatment until 29 June. In many cases investigations were not opened promptly after complaints of torture or ill-treatment by law enforcement officers. Alexander Mkheidze, a 27-year-old architect, was detained by police in the village of Tsqneti near Tbilisi on 6 April. He alleged that he was beaten and kicked while he was being taken to the building of the Ministry of Internal Affairs in the centre of Tbilisi, and that police continued to beat him there. Later that day he was transferred to a detention facility, where the doctor who examined him found that his skin was “slightly red” on his legs but diagnosed him as “healthy”. Two days later he was transferred to an investigation-isolation prison, where Alexander Mkheidze reiterated his allegations and a doctor recorded bruising on his legs. Two weeks later he was examined by a forensic expert who found bruises and abrasions caused by a heavy blunt object consistent with his allegations."
Document(s):
Open document
22.05.2006 - Source: Amnesty International
According to UN Committee Against Torture despite legislative reforms impunity, intimidation and ill-treatment by law enforcement officials, including torture, still exist ("Amnesty International urges the Georgian government to implement recommendations of the UN Committee against Torture") [ID 15485]
"The Georgian Government should promptly implement the recommendations of the United Nations (UN) Committee against Torture (CAT), which issued its conclusions and recommendations on 19 May 2006 following its examination on 3 and 4 May of Georgia’s third periodic report, under the UN Convention against Torture.The findings of the CAT echoed concerns expressed by Amnesty International regarding the persistence of impunity and intimidation in relation to the use of excessive force and torture or other ill-treatment by law enforcement officials; the anonymity of special unit police who are often masked when conducting arrests and do not wear identification tags; and the absence of legislation providing for prompt and adequate reparation. The CAT also expressed concern about the use of diplomatic assurances in adjudicating requests for refoulement, extradition or expulsion; about the high number of sudden deaths in custody and the absence of detailed information on independent investigations into such deaths. Amnesty International supports the recommendations of the Committee against Torture, which include among other things that the authorities “introduce regular monitoring by an independent oversight body” to look into human rights violations in the police force and the penitentiary system; that Georgia “strengthen its investigative capacity” in order to ensure that all allegations of torture or other ill-treatment are investigated promptly and thoroughly; that all detainees are promptly informed of their rights to counsel and to be examined by a medical doctor of their own choice; and that Georgia develop and implement a methodology to evaluate the impact of training programmes for law enforcement and penitentiary officials on the reduction of torture and other ill-treatment. [...]While the authorities have taken important steps to eradicate torture and other ill-treatment in police custody, major problems persist and a long-term approach is needed to achieve lasting results. In addition, there have been worrying developments in recent months in connection with allegations that security forces have used excessive force against prisoners on several occasions as a result of which several prisoners died and dozens were seriously injured; and that police officers frequently use excessive force when arresting suspects, often resulting in the death of the suspect. [...] See also: Conclusions and recommendations of the United Nations Committee against Torture http://www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.GEO.CO.3.pdf"
Document(s):
Open document
05.05.2006 - Source: World Organisation Against Torture
Despite progress in human rights situation after Rose Revolution, country still faces huge obstacles (culture of impunity, excessive use of force by law enforcement officials, torture and ill treatment) ("An alternative report by OMCT reveals that Georgia’s policy to fight against crime leads to unacceptable abuse and torture ") [ID 15421]
Document(s):
Open document
08.03.2006 - Source: US Department of State
Government took actions to address torture and ill treatment, but torture of detainees reportedly continued; victims of torture were able to file civil action, however number of allegations were not addressed ("Country Report on Human Rights Practices 2005") [#46124], [ID 4856]
"The government took significant actions during the year to address torture and ill treatment. Positive steps included: extensive monitoring of pretrial detention facilities in Tbilisi and nongovernmental organizations (NGO) monitoring of police stations; amendments to the law to bring the definition of torture in line with international standards, providing longer imprisonment and suspension from public office for abuse by officials; amendments to the criminal procedure code to discourage abuse (the new law requires that confessions given by detainees during their detention must be ratified in court before being admissible as evidence); and increased general prosecutor activity to investigate and prosecute abusers. Serious abuses and police misconduct, such as the fabrication or planting of evidence, reportedly decreased. […]
NGOs reported that investigations usually substantiated the reasonable use of force by police. Any person subjected to abuse was able to pursue a civil action against the abuser in a civil action. According to the NGO Former Political Prisoners for Human Rights (FPPHR), however, the government failed to address hundreds of allegations of abuse stemming from 2004. The prosecutor general's office reported it launched investigations into some of these allegations, but asserted that the list of alleged abuses submitted by the NGO often lacked sufficient detail to launch investigations. [...]
Detainees were reportedly tortured or abused in cars while being taken to a place of detention, in police stations, and in the MOIA. One detainee alleged he was abused during a remand hearing. There were also allegations that several people were attacked on the street by plainclothes security service agents or taken to unpopulated places such as cemeteries or forests and abused. […]
NGOs claimed that close ties between the prosecutor general's office and the police hindered their ability to substantiate police misconduct, and believed the continuing lack of professionalism and independence of the judiciary made it unresponsive to torture allegations. As a result, despite positive reforms, NGOs claimed law enforcement officials could still resort to torture or ill treatment with limited risk of exposure or punishment. NGOs also believed a lack of adequate training for law enforcement, as well as low public awareness of the new protections afforded citizens, impeded improvements."
Document(s):
Open document
03.02.2006 - Source: Civil Georgia
Openness of “many authorities” to eradicate torture and other ill-treatment, according to Amnesty International ("Amnesty Notes Authorities Ready to Tackle Continuing Torture") [#43655], [ID 4857]
Document(s):
Open document
03.02.2006 - Source: Radio Free Europe/Radio Liberty
According to Amnesty International, torture by police widespread; electric shocks, cigarette burns and other torture methods still in use ("Amnesty Says Torture By Georgian Police Widespread") [#43471], [ID 4858]
Document(s):
Open document
02.02.2006 - Source: Amnesty International
Since Special police unit officers do not have to wear ID tags, identification of those alleged for ill-treatment is difficult; monitoring of torture in regions is lagging behind that in Tbilisi; legislation against torture is not implemented properly, in some instances detainees were not informed of their rights ("Torture and ill-treatment still a concern after the "Rose Revolution"; Summary [EUR 56/001/2006]") [#43376], [ID 4859]
For documentation of individual cases please refer to the original document
"Amnesty International received a large number of allegations that the special police unit (Special Operative Department) ill-treated suspects or detainees. In many cases the officers were masked. [...] the organization was particularly concerned that officers of the special police unit have been exempted from the requirement to wear ID tags that was introduced for other police officers in November 2005. Masks or other means of disguising officers’ personal identities should only be used exceptionally, if such measures are necessary for the personal protection or security of the officers concerned or similar reasons of necessity; in such cases the need for each officer to be identifiable by such means as a unique traceable identification number is particularly important. [...]
Amnesty International notes that a number of government agencies such as the Department on Human Rights and Monitoring at the Ministry of Internal Affairs and the Ombudsman have put substantial effort into bringing torture and ill-treatment cases to light. [...].
There are still significant obstacles to bringing all cases of torture and ill-treatment to light. The level of monitoring in the regions compared to that in Tbilisi is still very low and Amnesty International believes it was not likely that it could have had a significant impact there. In addition, there are strong indications that police continue to cover-up many cases and that detainees are often afraid to complain about torture or ill-treatment and prefer not to identify the perpetrators for fear of repercussions. According to data made available [...] by the Department on Human Rights and Monitoring covering the period from 1 to 27 April 2005, not a single detainee complained about police ill-treatment in the Samegrelo-Zemo Svaneti region. [...] However, Amnesty International has received information about several cases involving allegations of torture and ill-treatment in Samegrelo-Zemo Svaneti region in 2004 and 2005 that were passed on to the authorities by lawyers, the regional representative of the Ombudsman or human rights groups. A forensic medical expert in Zugdidi for 32 years, told Amnesty International in May 2005 that he examined people with bodily injuries, that may have been caused by torture or ill-treatment, on a regular basis. [...]
Georgian domestic legislation had already provided for a number of crucial safeguards against torture and ill-treatment and the current government has taken important steps to further strengthen legislation to protect detainees from police abuse. However, Amnesty International has received numerous reports alleging shortcomings in the implementation of legal safeguards. The Ombudsman’s monitoring of police stations and preliminary detention facilities revealed that out of those detainees interviewed by the Ombudsman and his staff in Tbilisi in August 2005, 31 detainees were not explained their rights as suspects; 26 were not informed of their right to legal defence; 29 were not told of their right to remain silent; and 20 were not given a copy of a leaflet outlining their rights as detainees. The right of family members to be informed after a detention has also been breached. [...]
In some areas government measures to bring perpetrators to justice have brought noticeable results, most significantly the sentencing to prison terms of several police officers. It is important that the authorities regularly inform the public about prosecutions of officials for torture and ill-treatment. Such publicity can encourage victims to come forward and seek justice. In addition, it often has a deterrent effect on other police officers."
Document(s):
Open document
20.01.2006 - Source: Civil Georgia
Torture and human rights problems continue, despite positive steps in preventing torture taken by the government, says World Report 2006 of Human Rights Watch ("HRW: Despite Positive Steps, Torture Continues in Georgia") [#42479], [ID 4860]
Document(s):
Open document
01.2006 - Source: Human Rights Watch
Torture was combatted by shorter detention time limits, new rules on evidence admissibility and new monitoring system of police stations; several police officers were prosecuted for torture; according to NGOs, while effective in Tbilisi, the measures did not work elsewhere in the country ("World Report 2006") [#42316], [ID 4861]
"Torture, impunity, and denial of due process remain serious problems in Georgia. By 2005, the government had begun to acknowledge these long-standing concerns and took some steps to combat them. Legislative amendments to criminal laws in 2005 made out-of-court statements inadmissible as evidenceunless confirmed in court and reduced pretrial detention time limits (to take effect from 2006). Further, the authorities prosecuted several police officers for torture or other ill-treatment and helped to set up a monitoring system for police stations under the framework of the Public Defender's Office. According to Georgian nongovernmental organizations (NGOs) and those involved in the monitoring program, by mid-2005 there had been a reduction in the number of complaints of torture in the capital, Tbilisi. They told Human Rights Watch, however, that there had been a corresponding increase in police violence at the time of arrest and during transportation to the police stations. They also said that the widespread problem of torture in other parts of the country remained largely unaffected by government measures, in part because resources were lacking to monitor effectively police stations in the regions."
Document(s):
Open document
01.2006 - Source: Human Rights Center
Fight against maltreatment by police is hindered by impunity of police officers; allegedly, in 2004 more than 1000 instances of ill-treatment occurred but only 12 cases were launched against the perpetrators, and only 6 of them were sentenced ("Next Stop – Belarus?; Human Rights Report 2005; Georgia") [#43007], [ID 4862]
For documentation of individual cases please refer to the original document
"Torture and maltreatment by the Georgian police is one of the topics most highlighted by international and non-governmental organizations, and the problem has also received quite some attention from the government. Nevertheless, a significant risk still exists for criminal suspects to be maltreated by the police during interrogation and pre-detention. The main stumbling block in the fight against maltreatment seems to be the ‘impunity syndrom’ – police officers perceive themselves to be untouchable. Policemen continue to protect one another and apparently no effective remedy to combat this has yet been invented. Although figures in this field are notoriously unreliable, it can be stated with some certainty that an infinitely smaller amount of investigations and prosecutions are started against perpetrators than the most conservative estimation of the number of torture cases. It is believed that in 2004 more than 1000 instances of ill-treatment occurred, but only twelve cases were launched and six perpetrators sentenced. In this regard, Saakashvili’s words of October 28th during a speech at Tbilisi’s business forum are rather striking: "I am proud that we are the first country in this region, where people are no longer beaten up and tortured and where the police does not commit any illegal acts." Other possible explanations for the persistence of ill-treatment are the lack of professional knowledge of interrogation techniques and a lack of means and knowledge of gathering evidence other than by coercing confessions by force. While legal safeguards against maltreatment exist, like the notification of custody, presence of a lawyer, and access to a doctor, these are hardly ever truly enforced. This again demonstrates the difficulty to break through an established practice by legislation alone."
Document(s):
Open document
22.12.2005 - Source: Radio Free Europe/Radio Liberty
Continuing impunity of law enforcement officers blamed for torture and other police abuses ("Georgia: 'Culture Of Impunity' Blamed For Torture And Other Police Abuses") [#40940], [ID 4863]
Document(s):
Open document
23.11.2005 - Source: Civil Georgia
Amnesty International concerned over continuing cases of torture and ill-treatment of detainees ("Amnesty International Concerned over Continuing Cases of Torture") [#41963], [ID 4864]
Document(s):
Open document
23.11.2005 - Source: Amnesty International
A number of measures were adopted to tackle torture and ill-treatment; Georgia acceded to Optional Protocol to the UN Convention against Torture; between April and September 2004 there were 930 cases of injured entering detention facilities, 40 of whom alleged police abuse ("Torture and ill-treatment Still a concern after the "Rose Revolution"") [#39567], [ID 4865]
"Georgia: Torture and ill-treatment still a concern after the "Rose Revolution"
In recent months the Georgian authorities have introduced or implemented a number of measures to tackle the issues of torture and ill-treatment. These have included legal amendments, extensive monitoring activities of detention facilities under the jurisdiction of the Ministry of Internal Affairs conducted in particular by the office of the Public Defender of Georgia (Ombudsman), and ten perpetrators of crimes amounting to torture or ill-treatment are serving prison terms handed down since the "Rose Revolution". […] In August 2004, March and June 2005 a series of legal amendments were adopted by Parliament to the Criminal Procedure Code of Georgia (CPC) and the Criminal Code of Georgia, many of which either directly addressed the issue of torture or ill-treatment or were relevant to the issue. As part of ongoing legal reforms it is planned to issue a new CPC. […] The first conviction since the "Rose Revolution" was handed down to three police officers in November 2004. According to information provided to Amnesty International by the Human Rights Protection Unit at the General Procuracy on 10 November 2005, ten police officers are currently serving prison terms after having been found guilty by the courts since the new government came to power, for crimes amounting to torture or ill-treatment. […] On 8 July 2005 the Parliament of Georgia voted in favour of ratifying the Optional Protocol to the UN Convention against Torture (OPCAT) and on 9 August Georgia formally acceded to it.[…]
More needs to be done to eradicate torture and ill-treatment
While important steps have been taken, the government still has a long way to go to end torture and ill-treatment in the country. A long-term approach is needed to achieve lasting results. […] There were indications that many people did not complain about ill-treatment by police and, if asked about the origin of their injuries, insisted they were sustained before their detention, often for fear of repercussions. The Department on Human Rights and Monitoring at the Ministry of Internal Affairs registered 930 cases of people who had injuries when entering a preliminary detention facility for the period from April to September 2005 out of a total number of detainees of 5194. Only 40 of them alleged they had sustained the injuries as a result of police abuse. The numbers of defendants whose injuries were documented by medical personnel upon entering investigation-isolation prisons following their transfer from police custody have remained on a similar level since the "Rose Revolution". In 2003 doctors recorded 462 cases; in 2004 – 393 cases; and from January to March 2005 – 113 cases. In 2005 the large majority of injuries alleged to have been sustained through police ill-treatment were reportedly inflicted during the arrest. In the same period Amnesty International continued to receive some cases where detainees were reportedly tortured or ill-treated in cars while being taken to a place of detention, in police stations, and in the Ministry of Internal Affairs. […] One of the aims of the government as outlined in the Plan of Action against Torture in Georgia (2003 to 2005) is to implement special measures to "fully protect women and minors from torture, other cruel, inhuman and degrading treatment". However, allegations of ill-treatment of minors and women continued to be received. […]"
Document(s):
Open document
23.11.2005 - Source: Amnesty International
Police ill-treatment: Medical doctors examine defendants and document their injuries; allegedly many cases are still covered up by police, and victims are afraid to complain; some NGO activists also fear that doctors in police stations are not impartial ("Torture and ill-treatment Still a concern after the "Rose Revolution"") [#39567], [ID 4866]
Please refer to the original document for instances
"Bringing cases to light
In 2000 medical doctors working in the penitentiary system under the jurisdiction of the Ministry of Justice started examining defendants and documenting any visible injuries on their bodies when they first entered an investigation-isolation prison. […]Despite improvements there are still significant obstacles to bringing all cases of torture and ill-treatment to light. There are strong indications that police continue to cover-up many cases and that detainees are often afraid to complain about torture or ill-treatment and prefer not to identify the perpetrators for fear of repercussions. […] On 1 January 2005 the Department on Human Rights and Monitoring at the Interior Ministry began to compile statistics on the number of detainees who had bodily injuries when entering the preliminary detention facilities no. 1 and no. 2 in Tbilisi on the basis of medical records provided by the heads of the detention facilities. […] According to data made available to Amnesty International by the Department on Human Rights and Monitoring at the Interior Ministry covering the period from 1 to 27 April 2005, 56 detainees out of a total number of 421 had visible bodily injuries when entering preliminary detention facilities in the regions of Georgia outside Tbilisi. However, according to the statistics, not a single detainee complained about police ill-treatment. […] However, Amnesty International has received information about several cases involving alleged torture and ill-treatment in Samegrelo-Zemo Svaneti region in 2004 and 2005 that were passed on to the authorities by lawyers, the regional representative of the Ombudsman or human rights groups. Such cases demonstrate that it is likely that cases involving torture and ill-treatment allegations are still not being picked up and reported by police structures. […] The victims’ fear of repercussions indicates that the government is still a long way away from eradicating torture and ill-treatment. Unless all complaints are investigated promptly, thoroughly and impartially and the perpetrators are brought to justice, victims will have good reason to be afraid to come forward.
Medical examinations
An August 2004 amendment to the CPC gave the detainee and his lawyer the right to request a medical examination free of charge from the moment of arrest. […] According to information received by Amnesty International, state forensic medical examinations are sometimes not conducted promptly after the lawyer has lodged a request. […] The doctors are charged with examining all detainees who enter the detention facility and recording any visible injuries. In addition, they have the duty to ask the detainee whether he or she has any complaints about the treatment by police and include any such complaints in the medical record. If the detainee has complaints against the police the doctor is obliged to pass them on to the relevant government agencies for investigation. Several NGO activists expressed concern that the medical doctors in police stations were not impartial. […] There have also been allegations of irregularities in connection with the medical examinations carried out when defendants were transferred to the investigation-isolation prisons."
Document(s):
Open document
23.11.2005 - Source: Amnesty International
Since 2004 detainees could plead guilty in order to have their sentences reduced; this system was sometimes misused to conceal torture and ill-treatment; the law was amended to eradicate torture to obtain confessions or agreements to plead guilty ("Torture and ill-treatment Still a concern after the "Rose Revolution"") [#39567], [ID 4867]
Please refer to the original document for instances
"Plea agreements
In 2004 Georgia introduced a plea agreement system whereby procurators were authorized to offer the detainee a reduction of the sentence or his/her unconditional release in exchange, for example, for pleading guilty and disclosing information about a grave offence that helps solve a crime. In many cases since the introduction of the system monetary payments have been part of the plea agreement. Procuracy officials have apparently used the plea agreement system in some cases to conceal torture and ill-treatment and cover up for police officers. […] An amendment was introduced to the CPC in March 2005 stipulating that the courts are obliged to ascertain that "the agreement is reached without signs of violence, threat, deception or other kinds of illegal promise, voluntarily, and with the ability of the accused to receive qualified legal aid". […] At the time of writing a number of legal amendments were being considered by Parliament with regard to plea agreements.
Remand hearing and trial
[…] According to the CPC, "evidence taken in contravention of the law has no legal effect". In March 2005 lawmakers adopted a legal amendment aimed at eradicating the use of torture in order to obtain "confessions". According to the new law, testimonies given by a detainee in pre-trial detention must not be read out and audio recordings of testimonies are not admissible in court unless s/he does not object to their use in court. Amnesty International continued to receive reports that detainees were physically pressurized in order to force them to extract information incriminating others. […]"
Document(s):
Open document
23.11.2005 - Source: Amnesty International
Although there is progress in bringing perpetrators of torture to justice, government officials admit that impunity is still of concern ("Torture and ill-treatment Still a concern after the "Rose Revolution"") [#39567], [ID 4868]
Please refer to the original document for instances
"In some areas government measures to bring perpetrators to justice have brought noticeable results, most significantly the sentencing to prison terms of several police officers. The charges brought against them included "Exceeding official authority" (Article 333, part 3) and "Intentional damage to health with less severe consequences" (Article 118, part 2). According to information provided to Amnesty International by the Human Rights Protection Unit of the General Procuracy on 10 November 2005, 38 criminal cases were opened in relation to torture or ill-treatment allegedly committed by law enforcement officers in 2004 and 118 cases and/or preliminary investigations were opened in 2005. Charges were brought against 22 and 25 law enforcement officers in 2004 and 2005 respectively. […] There have also been noteworthy steps by the authorities to be more transparent about prosecutions of perpetrators and other work conducted to reduce torture or ill-treatment. […]
However, there is continued impunity for human rights violations. […] Government officials interviewed by Amnesty International have generally acknowledged that impunity is still an issue of concern and that further measures have to be taken to fundamentally improve the situation. Amnesty International was concerned that procurators did not open investigations into all potential torture and ill-treatment cases in a systematic manner. It appeared that often investigations were launched following complaints lodged by lawyers who were persistent, by domestic and international NGOs or media attention to the case. In addition, in dozens of cases where the procuracy has opened investigations the perpetrators have not been brought to justice."
Document(s):
Open document
10.2005 - Source: UK Home Office
In 2004 allegations of torture of convicted criminals decreased, but increased for pre-trial detention facilities and at police stations; NGOs reported torture, brutality and abuse by police ("Operation Guidance Note: Georgia") [#39388], [ID 4869]
"2.9 Although there were improvements in some areas during 2004 the Georgian Government's human rights record remained poor and serious problems remained. Non-governmental organisations (NGOs) reported that police brutality continued and law enforcement officers continued to torture, beat, and otherwise abuse detainees. Amnesty International reported instances of torture and ill-treatment in pre-trial detention during 2004. In at least two cases suspects died allegedly as a result of torture or excessive use of force by police. Concern was heightened by government statements that apparently encouraged the use of force by police and prison personnel or endorsed police operations where excessive force has been used.
2.10 Human rights advocates reported that while allegations of torture of convicted criminals decreased, allegations of torture in pre-trial detention facilities and in police departments increased during 2004. Reported torture often included beating, electric shocks, and cigarette burns. During 2004, police increasingly brought suspects to police stations, beat or tortured them, and released them without officially registering the suspect's presence at the station."
Document(s):
Open document
23.09.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)
According to Special Rapporteur torture by law enforcement officials still exists in Georgia, and is primarily caused by impunity; for fear of reprisals victims of torture do not complain about perpetrators; new mechanisms allowing check-ups in detention centres have a number of shortcomings ("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 4870]
For documentation of individual cases of torture please refer to the original document
"29. The vast majority of the allegations brought to the attention of the Special Rapporteur bore common characteristics. They were marked by reports of excessive use of force by law enforcement officials, and violations of safeguards of arrest and detention, including lack of access to a lawyer or satisfactory medical examination upon entry to the detention facility. Torture and ill-treatment were primarily perpetrated in the first 72 hours of police custody (i.e. police stations and temporary isolators under the jurisdiction of the Ministry of Internal Affairs) to extract confessions for alleged offences. [...] Special Rapporteur concluded that torture and ill-treatment by law enforcement officials still exists in Georgia.
32. He also notes statistics from the Ministry of Justice which indicate that in the period December 2003 to March 2005, 558 persons with physical injuries were placed in pretrial detention facilities in Georgia while, according to the NGO, Liberty Institute, during that same period 1,067 persons with physical injuries were placed in Prison No. 1 alone. [...]
33. According to the Special Rapporteur, impunity is the principal cause of the perpetuation of torture and ill-treatment. [...]
34. Often because of fear of reprisals against them or their families, as well as exhaustion and shock, victims at the centre of torture allegations may not readily reveal their injuries, request medical treatment or examinations, or complain or identify the perpetrators, even before a judge. And despite the obligation of judges or the procuracy to make inquiries or investigate allegations ex officio, absent a complaint, no further action is taken, including ordering a forensic medical examination. Similarly, where the victim is unwilling to identify the perpetrators, no further action is taken. Moreover, there is no adequate or effective mechanism to protect these victims or witnesses, such as transferring them to another detention facility or improving their security.[...]
36. In initiating an investigation into torture by the police, the procuracy, as an arm of the executive, is faced with an inherent conflict of interest in that it must also work with the police in combating crime. Indeed, a number of allegations have implicated investigators of the procuracy in participating in torture in the course of a criminal investigation. [...]
37. The Special Rapporteur observes that there is little evidence of restitution, compensation, or rehabilitation provided to victims of torture and ill-treatment by the Government. In light of this, he acknowledges the excellent work that a number of NGOs are undertaking in the field of rehabilitation and counselling support for victims of torture.
39. The Special Rapporteur further notes that several mechanisms for visiting places of detention have been established in Georgia. Article 18 of the 1996 Law on the Public Defender of Georgia provides unimpeded access by the Public Defender to all places of detention. [...] A 21-member public monitoring council [...] was established by decree in August 2004, pursuant to article 52 of the 1999 Law on Imprisonment. The provision provides, among other things, that persons authorized by the President are entitled to enter penitentiary institutions without prior permission. In addition, the Chairperson of the Human Rights and Civil Integration Committee of Parliament [...] undertakes regular visits to places of detention. The Special Rapporteur also notes information that joint visits by the National Security Council, the Ministry of Internal Affairs, the General Procurator’s Office and the Public Defender are envisaged. While these mechanisms may contribute to a degree of prevention of torture and ill-treatment, as they currently function they demonstrate a number of shortcomings, primarily widely differing mandates; lack of overall coordination among them; lack of a regular and systematic programme of visits, including regular follow-up; lack of investigatory powers; lack of adequate resources; and lack of independence, particularly in the case of the council appointed by the President."
Document(s):
Open document
04.07.2005 - Source: UN Committee Against Torture
During 2000-2003 a number of legislative and executive measures were taken to investigate and prevent torture conducted by officials ("Consideration of Reports submitted by States Parties under Article 19 of the Convention; Third periodic reports of States parties due in 2003; Addendum; Georgia [CAT/C/73/Add.1]") [#37524], [ID 4871]
"12. On 17 May 2002, the President of Georgia issued Decree No. 240 on measures to strengthen the protection of human rights in Georgia. […] The Ministry of Justice prepared a bill to amend the Georgian Criminal Code, which was adopted by Parliament in June 2003. In accordance with that legislation, article 335 of the Criminal Code (Coercion with a view to obtaining an explanation, evidence or a conclusion), which is contained in the chapter entitled “Official crimes”, was amended. According to the new wording of this article, “forcing persons to give an explanation or evidence, or forcing experts to give a conclusion, committed by an official or a person acting in an official capacity, with the use of threats, deceit, blackmail or any other unlawful action” is punishable by deprivation of liberty for from two to five years, and [the guilty parties] shall be prohibited from holding an official position or engaging in (certain) activities for up to five years. The same acts, committed “with the use of violence that endangers life or health, or with the threat of such violence, and also with the use of torture”, are punishable by deprivation of liberty for from 4 to 10 years, and the [guilty parties] shall be prohibited from holding an official position or engaging in (certain) activities for up to 5 years.
13. A study of the new wording of article 335 of the Criminal Code shows that, on the whole, its provisions reflect the definition of “torture” as contained in article 1 of the Convention. Article 335 also imposes rather severe sanctions. […] Article 335 in the Criminal Code criminalizes the use of torture or other unlawful treatment by an official and makes it easier to identify offences of this nature and to obtain a clearer idea of the real situation concerning these types of acts and their punishment.
[…]
33. At the same time, according to the Ministry of Justice, the human rights protection unit of the Corrections Department received no complaints of ill-treatment at the hands of prison officers from remand or convicted prisoners in 2002. It should be noted that the Deprivation of Liberty Act and the Ombudsman Act make it possible to submit such communications without impediment.
[…]
41. Plans of activities to implement the President’s initiative to make Georgia a “torture-free zone” have been developed and are being implemented. […]
42. The Presidential Decree on measures to strengthen the protection of human rights in Georgia requests the Office of the Procurator of Georgia:
“(b) To institute criminal proceedings and conduct appropriate investigations when bodily injury is found to have been inflicted on a person whose liberty has been restricted;
“(c) To institute special monitoring at places of detention and deprivation of liberty with a view to identifying and eradicating cases of torture or degrading treatment or punishment, and prosecute persons found to have committed such acts.”
[…]
76. In the preparation of the present report, the Office of the Procurator and the Ministry of Internal Affairs provided abundant factual materials concerning the identification and investigation of unlawful treatment on the part of law enforcement officers during the period 2000-2003. Generally, the victims of ill-treatment are adult males; with very rare exceptions, there have been no reports of the ill-treatment of women and minors. Data provided by the General Inspectorate of the Ministry of Internal Affairs indicate only one case, which took place in February 2002, where B.G., a minor, complained of having been physically mishandled by police officers. Although the materials of the case were referred to the Georgian Procurator’s Office, the allegations could not be confirmed. With regard to the ethnic origin of the victims, the materials in question do not give any reason to believe that there were any racially motivated cases of unlawful treatment during the reporting period. Ethnic Georgians accounted for the overwhelming majority of the victims of arbitrary treatment by the police.
77. In the context of article 12, it should be noted that criminal proceedings in all instances of the possible use of torture or other forms of unlawful treatment are instituted and investigated by procuratorial bodies on the basis of the materials submitted by the relevant internal affairs agencies.
[…]
86. […] Victims of torture and other forms of unlawful treatment have the right to obtain redress and receive fair and adequate compensation. At the same time, it should be noted that, according to available information, there were no recorded instances of the application of these legal provisions in practice over the reporting period."
Document(s):
State report
Concluding observations of 25 July 2006 [CAT/C/GEO/CO/3]
30.06.2005 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Allegations of physical ill-treatment by the police ("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 (CPT) from 18 to 28 November 2003 and from 7 to 14 May 2004 [CPT/Inf(2005) 12]") [#33406], [ID 4872]
"17. In the course of the visit in November 2003, the CPT’s delegation once again received a number of allegations of physical ill-treatment by the police. Some of the allegations concerned the disproportionate use of force at the time of apprehension. However, the majority of the allegations related to ill-treatment at the time of questioning by police officers in charge of gathering evidence, with a view to obtaining confessions or other information. In this connection, it is noteworthy that there was a widespread belief amongst detained persons that they would be subject to physical ill-treatment or other forms of coercion if they did not confess. The forms of ill-treatment alleged concerned, for the most part, slaps, punches, kicks and blows struck with truncheons; some allegations were also heard of suspension and the infliction of electric shocks. In a number of cases, the severity of the ill-treatment alleged was such that it could be considered as amounting to torture.
In contrast, during the prolongation of the visit in May 2004, in Ajara, the delegation heard only few allegations of physical ill-treatment by the police of persons suspected of criminal offences. The allegations which were received related for the most part to the time of questioning and mainly concerned slaps, punches or kicks.
No allegations were received of ill-treatment by custodial staff working at the temporary detention isolators visited in November 2003 and May 2004."
15.06.2005 - Source: Human Rights Watch
Long record of tolerating torture by law enforcement agents ("Georgia and the European Neighbourhood Policy") [#35208], [ID 4873]
"Georgia has a long record of tolerating torture by law enforcement agents. Police most frequently torture detainees in custody after arrest, with the aim of extracting a confession. Judges ignore torture allegations and fail to exclude evidence obtained by means of torture. Vigorous and impartial investigations of torture allegations are rare. Most investigations are cursory, terminated or suspended, and do not lead to a prosecution.
The Saakashvili government has taken some steps to address torture, such as creating an autonomous monitoring council for police lock-ups and instituting automatic investigations when bodily injuries are found on a prisoner. It has adopted many amendments to the criminal procedure code, though no one systematically examined the amendments to determine the impact they will have on detainees’ rights. (There is reason to be cautious—in 2000 Georgia adopted a new criminal procedure code that improved detainees’ rights in several areas, but then subsequently adopted amendments backtracking on these rights.) With assistance from international experts, a working group set up by the Ministry of Justice has been preparing a draft for a new criminal procedure code. However, the government has been giving mixed signals about whether it will pursue the adoption of a new code. Thus far, these efforts, while welcome, have proven inadequate to stem abuse.
Moreover, in 2004, some of the government’s law enforcement policies, particularly its approach to fighting corruption and organized crime, appeared to have triggered new allegations of due process violations, torture, and ill-treatment. Perhaps most disappointing is the government's failure to seriously address the problem of impunity of law enforcement officials for their role in torture. Impediments to accountability appear to remain institutionalized, with law enforcement bodies systematically finding ways to avoid pursuing criminal responsibility for acts of torture and ill-treatment. In 2004, Human Rights Watch documented cases in which law enforcement officials allegedly threatened detainees not to make complaints of abuse and in which investigations were suspended because the perpetrators of the torture could not be identified, despite the authorities’ duty to keep records of which officials are with a detainee at any given time. In addition, Human Rights Watch documented cases in which Georgia’s newly created plea bargaining system unwittingly facilitated impunity by enabling law enforcement officers who had committed torture, or their colleagues, to negotiate away the right of criminal detainees to seek redress in exchange for promises of light penalties for these detainees. (For more details on this, please refer to Human Rights Watch briefing paper, “Georgia: Uncertain Torture Reform,” April 11, 2005.)"
Document(s):
Open document
15.06.2005 - Source: Freedom House
Torture in preliminary detention faclities is still a concern; more cases reported ("Nations in Transit 2005") [#32929], [ID 4874]
"However, in practice there are considerable violations of human rights in certain areas. In particular, torture in preliminary detention facilities was a major concern throughout the period of independence, and the situation did not improve after the Rose Revolution. In the first 10 months of 2004, more than 550 cases of torture by law enforcement officers were reported, which is higher than in recent years. There is consensus that this represents only a small fraction of actual cases of torture. Some human rights organizations believe that the incidence of torture worsened during the last year, but increased statistics may also indicate that detainees are now more likely to report torture. Planting evidence, such as guns and narcotics, is another typical violation that continued under the current government. According to expert opinion, the number of cases of low-ranking police officers planting evidence for reasons of extortion decreased in 2004. But this method was used more frequently in highprofile cases, where suspects were believed to have committed serious criminal acts yet there was no credible evidence against them.
In the fall of 2004, the government publicly acknowledged the problem and consulted with the human rights community on how to address it. According to some human rights experts, by the end of the year the incidence of torture and planting evidence had diminished. However, there was only one case where the prosecutor’s office initiated an investigation into an occurrence of torture."
Document(s):
Open document
10.06.2005 - Source: Prima News
10 criminal cases against policemen for the use of torture instigated by General Procurator's Office in May; investigations are underway in 35 more cases ("Georgia prosecutor fights against torture") [#32885], [ID 4875]
Document(s):
Open document
25.05.2005 - Source: Amnesty International
Reports of continious torture and ill-treatment in pre-trial detention ("Annual Report 2005") [#32289], [ID 4876]
"Reports of torture and ill-treatment in pre-trial detention continued. In at least two cases suspects died allegedly as a result of torture or excessive use of force by police.
On 1 September, seven men were reportedly detained in the western town of Zugdidi, accused of membership of a paramilitary group and possession of firearms and explosives. One of them, Geno Kulava, was said to have been tortured and ill-treated in the police station of Khobi district. The report described how he was suspended from a pole between two tables, kicked and beaten, including with truncheons, and dropped on the floor. A burning candle was held against his forearm. After his lawyer complained to the court that his client had been tortured, Geno Kulava was examined by forensic experts on two occasions. They found traces of severe beatings and haemorrhages in several parts of his body. One of Geno Kulava’s co-defendants, Levan Dzadzua, was allegedly beaten by police at another police station in Zugdidi. On 15 November Geno Kulava was released from prison following a court ruling, reportedly because of procedural violations. However, he was immediately rearrested, accused of abducting a resident of Zugdidi. Geno Kulava and Levan Dzadzua were still detained at the end of 2004. The authorities had reportedly not opened a thorough and impartial investigation into the allegations of torture and ill-treatment, and none of the alleged perpetrators had been brought to justice."
Document(s):
Open document
Open document
19.05.2005 - Source: International Helsinki Federation for Human Rights
Numerous cases of torture and ill-treatment were reported in the course of 2004, including at least two cases of death as a result of torture ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004)") [#32106], [ID 4877]
"On 28 January, Shal