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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
During the year the number of deaths in the penitentiary system increased; most deaths were related to poor medical care and health issues ("Country Report on Human Rights Practices 2007") [ID 22572]
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During the year the number of deaths in the penitentiary system increased. According to the Ministry of Justice, 100 prisoners died during the year, compared with 92 in 2006. Most deaths were related to poor medical care and health issues. However, although the total overall number of prisoner deaths increased over the last six years as the overall number of prisoners rose, the mortality rate of deaths decreased. Of the 100 deaths, at least five were reported as suicides on the Justice Ministry's Web site. The public defender's office reported that it frequently petitioned prison officials to obtain necessary medical treatment for inmates.
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Open document
31.01.2008 - Source: Human Rights Watch
Overcrowding persists in almost all of Georgia’s penitentiary facilities, leading to many human rights violations, including inadequate nutrition, medical care, and exercise ("World Report 2008") [ID 22286]
" Despite a presidential pardon of 772 inmates in November 2007, overcrowding
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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]
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Open document
25.10.2007 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Increase in the prison population determines prison overcrowding; the level of overcrowding varied from one establishment to another; the overcrowding had a negative impact on all aspects of life in the prisons ("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 21701]
For documentation of individual cases please refer to the original document
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However, the steep increase in the prison population and the ensuing prison overcrowding undermine the efforts made to create a humane penitentiary system. Between the CPT’s second and third periodic visits, the prison population had more than doubled: there were approximately 16,500 prisoners in March 2007 as compared to some 7,000 in May 2004. At the same time, the official capacity of the penitentiary system, according to a Minister of Justice’s Order of 28 February 2007, was 14,162 places (calculated on the basis of 2.5 m² of living space per prisoner). The level of overcrowding varied from one establishment to another, remand facilities in general being hit harder than establishments for sentenced prisoners. The delegation witnessed the most extraordinary overcrowding (surpassing 400%) at the main pre-trial facility, Prison No. 5, which was holding a quarter of the country’s prison population (see paragraph 43). Prison No. 4 in Zugdidi was also grossly overcrowded (see paragraph 67). The overcrowding had a negative impact on all aspects of life in the prisons . access to sanitary and laundry facilities, provision of outdoor exercise, possibilities for visits and telephone calls, access to health care . The list is far from exhaustive.
Document(s):
Report
25.10.2007 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Report on prison conditions, labour, health, social affairs and education ("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 21703]
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Report
26.09.2007 - Source: UK Home Office
Prison conditions in Georgia generally remained poor with severe overcrowding, unsanitary conditions and abuse being particular problems ("Operational Guidance Note; Georgia") [ID 21236]
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While prison condition in
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Open document
03.08.2007 - Source: Civil Georgia
Nine opposition parties sign joint memorandum calling on authorities to immediately tackle “intolerable conditions” in prison system ("Opposition Unites to Protest Prison Conditions") [ID 20723]
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06.2007 - Source: Freedom House
Violations of human rights continue to be an important concern in several areas; government has introduced some measures to address the issue of human rights abuses in the law enforcement system ("Nations in Transit 2007") [ID 20550]
For details please refer to the original document
"Violations of human rights in Georgia continue to be an important concern in several areas. Abuse of suspects and prisoners in the Georgian law enforcement system has been the most challenging human rights problem since independence. The problem has persisted since the Rose Revolution, though its character has changed. There has been a dramatic reduction in the occurrence of torture in pretrial detention facilities (a formerly common practice); however, there have been serious cases and allegations of abuse by law enforcement officers in arrests, as well as abuse of prisoners in penitentiary facilities. This may be linked to a crackdown on organized crime announced by the government in December 2005.[...]
The government has introduced some measures to address the issue of human rights abuses in the law enforcement system. In 2005 and 2006, divisions responsible for monitoring human rights protection were instituted in the Office of the State Prosecutor, the Ministry of Internal Affairs, and the Penitentiary Department."
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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."
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27.03.2007 - Source: International Helsinki Federation for Human Rights
The number of deaths in Georgia’s prisons was alarming; according to official information from the Ministry of Justice published in June 2006, almost 80 prisoners had died during the previous 18 months ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2007 (Events of 2006)") [ID 19528]
"The number of deaths in Georgia’s prisons was alarming - a fact over which CAT also expressed concern. According to official information from the Ministry of Justice published in June, almost 80 prisoners had died during the previous 18 months. Ombudsman Subari voiced his criticism over such developments and demanded fair investigations. According to him, the reason for the death of inmates also lie in the lack of adequate medical assistance."
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Open document
06.03.2007 - Source: US Department of State
Conditions in prison and pre-trial detention facilities generally remained poor, did not meet international standards and even worsened; many NGOs continued to report inhumane and life-threatening conditions ("Country Report on Human Rights Practices 2006") [ID 19322]
For details, please refer to the original document
"Despite the opening of new and remodeled facilities, conditions in prison and pretrial detention facilities generally remained poor, did not meet international standards, and even worsened during the year. The ICRC, the public defender's office, the OSCE, and many NGOs, including Human Rights Watch (HRW), continued to report inhumane and life-threatening conditions, including poor facilities, overcrowding, and inadequate nutrition and health care. Most prison and pretrial detention facilities lacked adequate sanitary facilities. Abuse of prisoners by prison staff increased, while extortion continued, according to the public defender and NGOs including HRW.
The majority of prisons and pretrial detention facilities were severely overcrowded, sometimes at double their capacity, due to the increased prison population. NGOs attributed the increase to the government's aggressive "zero tolerance" anticrime campaign and a case backlog resulting from an understaffed and inexperienced judiciary. An estimated 63 percent of inmates were detainees awaiting trial.[…]
Despite recent increases in government funding for prisoner well-being, prisoners often relied on packages from family for necessary food, clothing, and hygiene items. As a result of policy changes in June, however, inmates in some facilities reported not being able to receive packages, correspond with family members and, in some limited cases, have the opportunity to meet with their lawyers. Prison officials also reportedly arbitrarily restricted visits by family members in violation of the law. In December sundry shops were opened in Rustavi Prison No. 6 to reduce reliance on packages from outside sources which had been a conduit for smuggling contraband into the prison."
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Open document
23.02.2007 - Source: Institute for War and Peace Reporting
Abolition of several forms of sanctions as alternative to pre-trial detention leaves only possibility of release on bail; poor defendants cannot afford bail, while rich clients get off lightly: paradox of justice, say critics ("Georgia's Bail Lottery") [ID 18913]
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Open document
02.2007 - Source: Human Rights Center
Majority of Georgia’s prisoners live in overcrowded, poorly ventilated, filthy cells; they receive inadequate nutrition and substandard medical care, have limited access to information and family visits; conditions of detention amount to degrading treatment ("The Velvet Downfall; Human Rights Situation in Georgia in 2006") [ID 20417]
"The majority of Georgia’s prisoners—some 63 percent of whom are held in pre-trial detention—live in overcrowded, poorly ventilated, filthy cells. They receive inadequate nutrition and substandard medical care, have limited access to information and family visits, and in 2006 some went for weeks or months without an opportunity to leave their cells for exercise or fresh air. In some cases the conditions of detention amount to degrading treatment.
Unfortunately, due to the lack of the integrated overall statistics, it is not possible to draw up a clear and concise picture with regard to cases of torture, their investigation and results achieved.
It should be noted that the situation with respect to the database is improving. Statistics with respect to torture cases as well as cases concerning inhuman and degrading treatment are already collected, though the number of cases initiated still raise a serious doubt regarding the implementation of respective articles in practice and effective investigation of the cases concerned. According to the information provided by the Office of the Prosecutor General of Georgia, from June 2005, investigations were initiated on 29 cases under Article 144(1). As a result, charges were brought only against one person. As to Article 144(3), investigation was initiated on five cases, though no charges were ever brought against anyone."
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17.01.2007 - Source: Civil Georgia
More frequent use of force against detainees reported by Human Rights Watch; Human Rights Group Calls for Justice Minister’s Resignation ("Human Rights Group Calls for Justice Minister’s Resignation") [ID 18731]
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01.2007 - Source: Human Rights Watch
Majority of Georgia’s prisoners receive inadequate nutrition and substandard medical care; since December 2005 increase of violence against prisoners ("World Report 2007") [ID 18512]
"The majority of Georgia’s prisoners—some 63 percent of whom are held in pre-trial detention—live in overcrowded, poorly ventilated, filthy cells. They receive inadequate nutrition and substandard medical care, have limited access to information and family visits, and in 2006 some went for weeks or months without an opportunity to leave their cells for exercise or fresh air. In some cases the conditions of detention amount to degrading treatment.
Since December 2005 there has been a marked increase in the use of violence by law enforcement officers in prison facilities. Inmates report periods of frequent beatings and degrading treatment such as repeated strip searches. This treatment has at times constituted torture. Security forces repeatedly used force to suppress prison disturbances. On March 27, 2006, special forces used automatic gunfire in Tbilisi Prison No. 5 to suppress a disturbance, resulting in the deaths of at least seven inmates. […]"
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13.07.2006 - Source: Radio Free Europe/Radio Liberty
After his visit in Georgia, CoE Human Rights Commissioner criticizes prison conditions ("Georgia: Human Rights Commissioner Criticizes State Of Prisons") [ID 15575]
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19.06.2006 - Source: Radio Free Europe/Radio Liberty
Prisoners often live in unsanitary conditions, many of them sharing beds; officials admit that outdated Soviet penitentiary model does not work; state is building modern facilities to house inmates ("Georgia: Prisoners Face Inhumane Conditions") [ID 15546]
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06.06.2006 - Source: Civil Georgia
Public Defender says that concerns have increased that the 27 March 2006 prison riot in Tbilisi, which resulted in the death of 7 inmates, was triggered by prison system chief Bacho Akhalaia ("Public Defender Unveils New Details of Tbilisi Prison Incident") [ID 15552]
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06.06.2006 - Source: Civil Georgia
Chief of the penitentiary system Bacho Akhalaia dismissed allegations voiced by public defender that Akhalaia was possibly linked to the 27 March 2006 prison riot in Tbilisi ("Prison System Chief Downplays Ombudsman’s Allegations") [ID 15553]
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07.04.2006 - Source: Civil Georgia
Police arrests "criminal authority" Tariel Potskhveria in Crimea, Ukraine, suspected by the Georgian authorities of being the mastermind of the prison riot in Tbilisi on 27 March ("Suspected Georgian Criminal Boss Arrested in Ukraine") [#48579], [ID 4930]
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04.04.2006 - Source: Civil Georgia
OSCE Chairman-in-Office criticises "lack of clarity" about alleged prison riot on 27 March in Tbilisi, during which 7 inmated died; NGOs and opposition parties doubt official version of the riot being organised by criminal bosses and suspect spontaneous protest of inmates against inhuman treatment ("MFA Responds to OSCE Statement on Prison Riot") [#48567], [ID 4931]
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Open document
31.03.2006 - Source: Organization for Security and Cooperation in Europe
OSCE Chairman-in-Office, Karel De Gucht, expressed concern about violent incidents in Tbilisi prison No. 5 on 27 March 2006, in which 7 inmates were killed and several injured ("OSCE Chairman-in-Office concerned about violent incidents in Georgian prison") [#48260], [ID 4932]
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27.03.2006 - Source: BBC News
Reportedly 7 deads in police operation to end revolt by prisoners in Tbilisi's prison number 5 ("Inmates die in Georgia jail riot") [#47487], [ID 4933]
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Open document
08.03.2006 - Source: US Department of State
Ombudsman and NGOs say that prisons were in poor state, overcrowded and prisoners were not provided sufficient nutrition and health care; powerful network of criminal gangs called Thieves-in-Law extorted and abused fellow prisoners; NGOs claim that mortality decreased only because dying prisoners are sent to hospitals ("Country Report on Human Rights Practices 2005") [#46124], [ID 4934]
"The ombudsman and NGOs agreed that prison conditions remained poor, did not meet international standards, and may have worsened during the year. The UN, the ICRC, and many NGOs, including Human Rights Watch (HRW) continued to report inhumane and life-threatening prison conditions, including poor facilities, overcrowding, inadequate nutrition and health care, and the influence of criminal gangs. Most prison facilities lacked basic utilities and sanitary facilities. Abuse and extortion of prisoners and detainees by prison staff continued. The December transfer of some of the prison population to a new 1,500 inmate prison in Kutaisi eased overcrowding in the region's prisons. A riot broke out among those prisoners transferred to the new prison, however, because water and electricity were not functioning when the prison opened. Services were operational within a week.
Conditions at pretrial detention facilities remained poor. During the year, however, the MOIA refurbished a facility in Tbilisi, installing new electric and heating systems. A June parliamentary committee visit to Batumi Prison No. 3 found it at double its capacity. In one instance, 37 prisoners shared a cell intended for 12. Prisoners suffering from tuberculosis or hepatitis-C shared cells with healthy inmates.
The Thieves-in-Law, a powerful network of organized crime gangs, was prevalent in all prisons and routinely extorted payments called obshiak from fellow prisoners that were in turn used to bribe prison officials and judges. In the Gugeti prison colonies, prison officials refused to patrol at night for fear of assault from the Thieves. NGOs reported that many prisoners sought placement in punishment isolation cells in spite of their deplorable conditions, to evade the Thieves' influence. According to the ombudsman's office, refusal to cooperate with gangs provoked physical and psychological intimidation.
Payment of guards and prison staff salaries became more regular during the year, which reportedly decreased corruption.[...]
NGOs reported violence among prisoners continued during the year.
The prison mortality rate reportedly improved, although human rights NGOs reported authorities kept official rates artificially low by releasing terminally ill prisoners or hospitalizing dying prisoners. Observers claimed deaths of prisoners without families usually went unreported. During the year there were 44 registered deaths in prison.[…] Attempted suicides and self-mutilation occurred in prisons as protests against declining prison conditions and human rights violations. There were also sporadic hunger strikes by prisoners to protest poor conditions, visitor limitations, and the perceived arbitrary parole policy of the government.
The MOJ penitentiary system monitoring council condemned the return of inmates from hospitals to prisons without required medical checks and requested investigations […]
The MOIA reported that no deaths occurred in pretrial detention facilities during the year. NGOs, however, reported that Giorgi Jhvania attempted suicide by hitting his head with a heavy object while being held in Zugdidi.
Juveniles were held in separate facilities; however, juveniles were rarely separated from other inmates in MOIA temporary detention facilities. Pretrial detainees were often kept with convicted prisoners due to overcrowding. For example the UN International Children's Fund (UNICEF) reported the pretrial detention of 17-year-old Aleko Kamushadze, who was held for eight months in cell with 30 men—among them convicted murderers and rapists.
NGOs reported that at least four prisoners were held in prison longer than their sentence required. […]
In November the justice minister announced the abolition of the monitoring board of civil society and NGO representatives. Board members called this action illegal and continued working through year's end. Board members had the right to pay unannounced visits to any prison facility. Only about 4 or 5 of the 20 monitoring board members were reportedly active, and prisoners were reluctant to speak with the monitors for fear of retribution. Monitors were not allowed to bring audio or video equipment with them to prisons to document prisoner injuries or specific objectionable prison conditions. An NGO monitoring board member noted that, in contrast to monitoring at police stations during initial questioning and detention, the monitoring of prisons was ineffective."
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30.01.2006 - Source: Civil Georgia
Clashes between inmates and police in prison in Rustavi; one policeman, one inmate injured; inmates' relatives organise rally against police brutality in prisons ("Inmate, Policeman Injured in Prison Riot") [#43166], [ID 4935]
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05.01.2006 - Source: Council of Europe - Parliamentary Assembly
New prison and pre-trial detention centre should solve problem of overcrowding; amendments to Code of Criminal Procedure aim at eradicating torture in detention centres, Amnesty International fears that many cases go unrecorded; two cases on torture are pending at European Court of Human Rights ("Implementation of Resolution 1415 (2005) on the honouring of obligations and commitments by Georgia [Doc. 10779]") [#41527], [ID 4936]
"136. According to HRW, the lack of resources in Georgia's prisons lead to inhuman and degrading treatment of detainees. Prisoners are deprived of basic hygiene and nutrition, have to sleep in shifts and corruption is endemic. A new prison, with much better conditions, was opened in Kutaisi end of 2005. It will accommodate around 1 500 prisoners in cells designed for 2, 4 or 6 detainees. A new pre-trial detention centre which will accommodate around 3000 persons is due to open in Tbilisi in 2006. According to the authorities, once this new prison is built, the problem of overcrowding should be solved. The amendments to the Criminal Procedure Code adopted in March which promote the use of release on bail should also help alleviate this serious problem. […]
138. Torture and ill-treatment, especially in pre-trial detention centres with the aim of extracting confessions, has been a serious problem in Georgia. The amendments introduced to the CCP, in particular those according to which any statement by the accused obtained during preliminary investigation can only be admitted as evidence if confirmed in court, should help curb these practices. In June the Criminal Code was amended to define the crime of torture, inhuman or degrading treatment in line with internationally recognised standards. Torture is now punishable with imprisonment for a period of 5 to 10 years, or 7 to 15 years for aggravated torture by public official. The Prosecutor General issued Internal Guidelines which forbade any possibility of using plea agreements with respect to victims of torture and recommended increased use of release on bail.
139. Other positive developments, noted in the latest report of Amnesty International (released on 23 November 2005) are: the setting up of a department in the Interior Ministry which investigates cases of torture or ill-treatment; increased transparency of the relevant department at the Office of the General Prosecutor about investigations and prosecutions; the extensive monitoring of preliminary detention facilities by the Public Defender (Ombudsman)
140. However, in its briefing paper Amnesty considers that impunity for torture and ill-treatment is still a big problem. In dozens of cases where the procuracy has opened investigations the perpetrators have not been brought to justice. Amnesty International has obtained many examples of cases demonstrating that investigations into allegations of torture or ill-treatment have not been conducted in a prompt, impartial and independent manner. Judges often ignore torture allegations and investigations do not lead to prosecution. Amnesty International also expresses concerns that many cases still go unrecorded, either because the police hides them or because detainees are afraid to complain.
141. Statistics provided to the co-Rapporteurs by the office of the General Prosecutor indicate that the number of law enforcement officials brought to criminal responsibility for 2005 (until 1 November) is only slightly higher than in 2004 – 25 in 17 cases, compared to 22 in 11 cases. However, the court decisions against law enforcement officials have almost tripled – 17 in 8 criminal cases in 2005 as compared to 6 in 3 cases for 2004. […]
142. In our previous report we were seriously concerned about the alleged ill-treatment of the former head of the Audit Chamber Sulkhan Molashvili. He is now in a prison hospital, thanks to an interim measure ordered by the European Court of Human Rights in force since 26 July 2005. Unfortunately, no progress has been made with regard to the investigation of torture and ill-treatment. [...] Another high profile case currently pending before the European Court of Human Rights under Article 3 of the Convention is that of former Energy Minister Mr Mirtskholava, who was also transferred to a prison hospital following an interim measure of the Court in August 2005."
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Open document
01.2006 - Source: Human Rights Center
Prisoners and other detainees suffer from diseases, overcrowding, violence, extortion, lawlessness and poor medical assistance ("Next Stop – Belarus?; Human Rights Report 2005; Georgia") [#43007], [ID 4937]
For documentation of individual cases please refer to the original document
"It is quite common for countries with a low level of economic development to experience huge problems with living conditions in detention facilities. Georgia is certainly no exception. Endemic overcrowding, disease, violence, extortion, lawlessness, lack of involvement by wardens, and poor medical assistance lead to a desperate atmosphere in prisons and other places of confinement. An attitude that the well-being of prisoners is not among the first priorities as there are enough other things to take care of, is somewhat present. Although those imprisoned, at least in principle, have apparently done something that is not desired in society, they remain people and are to be treated with dignity. Carelessly locking people up in awful and morally deplorable conditions does not promote their rehabilitation into ‘normal’ life."
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21.12.2005 - Source: Radio Free Europe/Radio Liberty
Prison riots in Kutaisi; according to inmates, no basic living conditions including no heat or water ("Prison Riot Under Way In Georgia") [#40934], [ID 4938]
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19.12.2005 - Source: Prima News
Justice minister confirmed that Tbilisi prison No. 5, designed for 1,800 inmates, holds more than 3,800 prisoners; 70 % of inmates have not as yet been convicted ("Overcrowding in Georgian prisons") [#40732], [ID 4939]
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13.12.2005 - Source: Radio Free Europe/Radio Liberty
According to rights group of "Georgian Young Lawyers Association" abuse of detainees on the rise in prisons and police stations ("Rights Group Sees Rise In Police Brutality In Georgia") [#40505], [ID 4940]
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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 4941]
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Open document
10.2005 - Source: UK Home Office
Prisons remained unsanitary, understaffed and overcrowded in 2004; there were incidents of abuse in pre-trial detention centres; a monitoring board of NGOs has right to visit detention facilities and report on human rights abuses ("Operation Guidance Note: Georgia") [#39388], [ID 4942]
"The Ministry of Justice (MOJ) maintains a system to provide for medical examinations of prisoners transferred from police stations to pre-trial detention facilities in order to document injuries that may have occurred in police custody and to establish baseline medical condition information for each prisoner that could be used in cases of alleged prison abuse. Injuries consistent with abuse were documented and reported to the MOJ authorities, who in turn reported them to the Ministry of Internal Affairs (MIA) for investigation. The system functions effectively. [source 2a]
[…]
3.10.2 […] Isolator Five, a pre-trial detention facility largely used for political prisoners and known for abusive practices, no longer held prisoners and was shut down during 2004. The MIA only maintained overnight detention facilities at police stations. The law permits the MIA to conduct investigations among inmates without judicial approval to gather evidence for trials.
3.10.3 Men and women are held separately. Juveniles are held separately in a specially constructed facility; however, juveniles are infrequently separated from other inmates in MIA temporary detention facilities. Pre-trial detainees are often kept with convicted prisoners due to overcrowding. During 2004, the official number of detainees delivered to pre-trial detention facilities with injuries sustained during temporary detention was 136, an increase of 14%. Few of these incidents resulted in prosecutions. During 2004, the NGO Liberty Institute documented over 1,000 cases of torture in pre-trial detention. However, it noted a significant decrease in torture in prisons from early November 2004. NGOs reported violence among prisoners decreased during 2004.
3.10.4 The UN, the International Committee of the Red Cross (ICRC), and many NGOs, including Human Rights Watch (HRW), continued to report inhumane and life threatening prison conditions in 2004. Abuse and extortion of prisoners and detainees by prison staff continued. Prison facilities remained unsanitary, understaffed, and were in desperate need of repair. Continued overcrowding was a particularly acute problem. Most prison facilities lacked basic utilities and sanitary facilities. Regional penitentiaries and pre-trial detention facilities were without electricity for months. Payment of guards and prison staff became more regular, which allegedly decreased corruption.
3.10.5 The most serious incidents of abuse in 2004 occurred during pre-trial detention when police interrogated suspects. According to human rights observers, those who suffered such abuse were held routinely for lengthy periods in pre-trial detention to give their injuries time to heal. Police often claimed that injuries were sustained during or before arrest. Criminal agents within the prison population also allegedly committed abuses in pre-trial detention facilities. Unlike in 2003, there were no reports in 2004 of children being abused in the Isolator detention facility and the facility eventually closed during the year.
3.10.6 The prison mortality rate reportedly improved during 2004, however, human rights NGOs claimed that authorities kept official rates artificially low by releasing terminally ill prisoners or by sending dying prisoners to the hospital. Observers claimed deaths of prisoners without families usually went unreported. During 2004, there were 28 registered deaths in prison, 1 attributed to suicide and 1 attributed to a beating by a police officer; the remaining deaths were attributed to health complications. According to the ICRC, tuberculosis was widespread in the prison system; in cooperation with the MOJ, the ICRC treated nearly 2,600 infected prisoners since 1998.
3.10.7 Government officials acknowledged that, in the past, MIA personnel routinely beat and abused prisoners and detainees, and the Government took some steps to address these problems. Government officials cited a lack of proper training, poor supervision of investigators and guards, and a lack of equipment as contributing to the continuation of these practices in law enforcement facilities. The MOJ maintained a monitoring board of civil society and NGO representatives, which had the responsibility of reporting on human rights abuses in detention facilities. Board members had the right to pay unannounced visits to any detention facility.
3.10.8 The ICRC had full access to detention facilities, including those in Abkhazia, and was allowed private meetings and regular visits with detainees. The Organization for Security and Cooperation in Europe (OSCE) reported bureaucratic delays but no
serious problems in obtaining access to prisoners or detainees; however, local human rights groups reported sporadic difficulty in visiting detainees, particularly in cases with political overtones. In March 2004, the human rights unit of the Prosecutor General's Office was abolished and not re-established until October 2004. Since November 2004, the unit enjoyed free access to prisons to monitor conditions."
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Open document
23.09.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)
Detention facilities overcrowded and infrastructure deteriorating; judges resort to pretrial detention irrespective of gravity of alleged offence, this leading to almost no distinction between pretrial detention and imprisonment ("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 4943]
"A. Facilities of the Ministry of Internal Affairs
41. Following arrest suspects in police stations are then transferred to temporary isolators for a period of up to 72 hours.[...]
43. On 24 February 2005, the Special Rapporteur visited the temporary isolator of the Tbilisi Head Department of Internal Affairs, [...] . Although many of the allegations of ill-treatment received by the Special Rapporteur specified that it took place in cells in the upper floors of the building, the staff indicated that there were no such cells, only offices. Eight interrogation and 14 detention cells were examined. The cells were very cold, damp, dark and filthy. Only four of the detention cells had beds, whereas the others had only raised wood-panelled floors for detainees to sleep on. Blankets were the only bedding provided. Each cell had a latrine separated by a waist-high partition. No toilet paper or washing facilities were available in the cells. There were no allegations of ill-treatment by the detainees interviewed. However, the conditions of detention were very poor.
B. Temporary isolator of the Ministry of State Security
44. The temporary isolator of the Ministry of State Security primarily holds persons suspected of illegally crossing the border, visa/passport violations, terrorism, and drug trafficking. [...]
45. On 22 February 2005, the Special Rapporteur was able to examine the isolator after a delay of almost 30 minutes while guards insisted that they were unable to locate the chief of the isolator, Mr. V. Imedashvili. An examination of the medical records and registry revealed that they were poorly kept, including missing entries. There was a shared shower and toilet facility which was clean and well maintained. The seven detention cells were located in a separate wing, each comprising two bunk beds, two chairs, a chess board and a water jug. All were clean, empty, and had sufficient lighting, fresh bedding and linen. Despite the cold, the windows of two cells were open, and the Special Rapporteur had the strong suspicion that a prisoner had recently moved out from one of these cells.
C. Facilities of the Ministry of Justice
46. The facilities under the jurisdiction of the Ministry of Justice hold pretrial prisoners and convicted prisoners according to a general, or strict regime.
47. On 22 February 2005, the Special Rapporteur visited Prison No. 1 [...] and the Prison Hospital[...]. According to the director of Prison No. 1, Mr. M. Sinaunridze, on the day of the visit Prison No. 1 had 2,613 detainees, 100 of whom had been convicted; the vast majority were in pretrial detention. [...] In the former Prison No. 5, the cells were overcrowded and exceeded official capacity (in one cell the Special Rapporteur noted that there were 41 prisoners in a cell with only 16 beds); poorly lit, heated and ventilated; damp; filthy, especially the toilet-cum-shower facility; and had inadequate bedding; the premises were decaying, and many window-openings had steel sheets welded to the outside bars, which restricted light but would also restrict ventilation in warmer months. The conditions were much the same in the main block of the former Prison No. 1, as well as for the 10 prisoners in the 14 basement cells, which held, among others, prisoners in solitary confinement, or prisoners who the prison administration felt needed to be separated from the rest of the prison population for their own protection.[...]
49. On 23 February, the Special Rapporteur visited Prison No. 5 (the women’s pretrial facility and prison colony). The pretrial section held 108 prisoners, who were kept in cells for four to six persons and equipped with a toilet. The section had a meeting room with a toilet, a bench to lie down on, an aquarium and a small collection of books. Seventy convicted prisoners were held in a separate, open-dormitory-type section. In the medical wing of this section there was a room reserved for crafts and activities, which was also used by NGOs to provide counselling. Prison No. 5 was relatively modern and clean and the conditions were good. No allegations of ill-treatment were made.
[...]
51. The Special Rapporteur did not receive any allegations of ill-treatment of prisoners by prison staff, and in many cases the prisoners expressed appreciation for the treatment from the guards despite the conditions of the facilities. Notwithstanding constraints on resource allocation, the Special Rapporteur is of the view that the conditions in the facilities are exacerbated by structural problems in the criminal justice system. In particular, despite provisions for alternative measures (e.g. articles 151-154 of CPC) the judiciary, severely overloaded with cases as a result of judicial reforms and large-scale dismissals of judges, and widely perceived to be acquiescent to procurators’ requests, resort almost exclusively to pretrial detention of accused persons, irrespective of the gravity of the alleged offence. This contributes to severe problems of overcrowding and strain on the already deteriorating infrastructure. Even the language used (i.e. people are “sentenced to pretrial detention in prisons”) indicates that there is no clear distinction between pretrial detention and imprisonment following conviction. The Special Rapporteur considers that this extensive recourse to pretrial detention is contrary to the principle of the presumption of innocence [...] and to the exceptional rule of deprivation of liberty laid down by international law."
Document(s):
Open document
20.09.2005 - Source: Civil Georgia
Inmate of 1st Prison in Tbilisi died; this triggered a new wave of criticism against Georgian Justice Minister over mistreatment of ailing inmates in prisons and corruption associated with inmate healthcare ("Justice Minister Under Fire over Inmate Treatment") [#42520], [ID 4944]
Document(s):
Open document
04.07.2005 - Source: UN Committee Against Torture
According to official data, number of deaths in penitentiary institutions rose slightly in 2002 and 2003; special measures are taken to assist the HIV infected prisoners and psychically unstable prisoners; there is screening of prisoners injured in prison or during transfer ("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 4945]
"60. According to official data, 39 prisoners died in penitentiaries administered by the Georgian Ministry of Justice in 2002. Of those, 29 died as a result of illness, while the remaining 10 died violent deaths (four suicides, five homicides and one accident). […] In the first half of 2003, 23 prisoners died in penitentiaries: 18 died of various illnesses and 5 died violent deaths.
61. As these figures show, the number of deaths in penitentiary institutions rose slightly in 2002 and January-June 2003 as compared with 200l, when 31 inmates died. In 2000, a total of 52 prisoners died. The number of deaths from tuberculosis has declined significantly, with 6 cases in 2002 as against 13 in 2001 and 23 in 2000.
62. Four prisoners committed suicide in 2002. In 2001 there were no suicides, while there were six in 2000. In order to reduce the number of suicides in penitentiary institutions, doctors, psychiatrists and neuropathologists of the Medical Department of the Ministry of Justice conduct on-site consultations with psychologically unstable and unbalanced prisoners. Where necessary, such prisoners receive hospital or outpatient treatment. Penitentiary institutions keep a register of such prisoners, who are under constant observation by the medical staff. […]
68. With the assistance of the Georgian national centre to prevent the spread of HIV/AIDS, convicted and remand prisoners (including those held in the tuberculosis unit and the young offenders’ institution) were screened in order to identify prisoners infected with HIV and those who had AIDS. […] At the time of writing (November 2003), eight persons with AIDS are under observation.
69. Special attention is given to the visual screening of remand prisoners who enter penitentiary institutions, for wounds and injuries. When wounds and injuries are found, they are examined by a forensic medical expert licensed by the Medical Department of the Ministry of Justice. In 2002, over 300 cases involving prisoners with various types of physical injuries were discovered upon their transfer to penitentiary institutions. During the first half of 2003, there were 259 such prisoners. Information on the examination of prisoners is transmitted both to the Ministry of Justice and to procuratorial bodies and the prisoners’ lawyers.
74. In October 2002, a presidential order approved a plan of measures to reform and develop the penitentiary system of the Ministry of Justice for the period 2002-2007."
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
Report focused on torture and ill treatment; conditions of detention and health care services ("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 4946]
15.06.2005 - Source: Human Rights Watch
Lack of basic resources leads to inhuman and degrading treatment of detainees ("Georgia and the European Neighbourhood Policy") [#35208], [ID 4947]
"Prison Conditions
A lack of basic resources in Georgia’s prisons lead to conditions that amount, at times, to inhuman and degrading treatment of detainees. Prisoners are subjected to overcrowding and are deprived of basic hygiene, nutrition and other humanitarian needs. Conditions in pre-trial facilities are particularly poor. The government has developed a program to build new prisons with improved physical conditions. This will provide only limited relief for overcrowding, which is driven by Georgian courts’ overwhelming use of pre-trial custody and custodial penalties. This, combined with the rise in the number of arrests since the Rose Revolution, has worsened overcrowding in prison facilities. According to nongovernmental organizations in Georgia, prisoners have to sleep in shifts, and a cell intended for ten can hold between forty and sixty detainees. Corruption is endemic, with prisoners having to pay bribes for privileges and sometimes even for basic rights."
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 4948]
Document(s):
Open document
19.05.2005 - Source: International Helsinki Federation for Human Rights
In 2004, the number of cases of torture, ill-treatment and inhuman and degrading treatment as well as arbitrary detentions increased further ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004)") [#32106], [ID 4950]
"Torture and ill-treatment were among the central human rights concerns during the Shevardnadze era. In 2004, the number of cases of torture, ill-treatment and inhuman and degrading treatment as well as arbitrary detentions increased further. While in some areas of law enforcement improvements were reported, it appeared that the authorities and police officers were willing to sacrifice the right to physical integrity for efficiency in the fight against criminality. In addition, the practice of isolating detainees, restricting access to family and defense counsel, and denying detainees the representation of a lawyer of their choice were still common in Georgia in 2004."
Document(s):
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 4951]
"On 28 January, Shalva Orvelashvili, accused of theft, was arrested and taken to Vake-Saburtalo regional Police Station No. 2 Subdivision. He was tortured severely for five days. Before being transferred to a prison, he was threatened not to reveal the origin of his injuries.
On 14 April, the Gardabani regional police detained 24-year-old Iakob Martiashvili, from the village of Akhalsoplei, and pressured him to admit to being in illegal possession of firearms. He was taken to a forest where he was tortured, stripped of his clothes and threatened with rape. Later, he was taken to the police station where torture continued. Police officers justified the abuse by saying that he was suspected of having committed a murder.
On 22 April, Gia Lobzhanidze and Valeri Kurtanidze were arrested in a brutal manner by six armed policemen in plain clothes. During their detention in the police department of Didube-Chugureti region, they were tortured into confessing to a robbery. After that they were transferred to the Tbilisi Central Office of the Internal Affairs where they continued to be tortured with instruments including electric wires and an electric stick. They were later sentenced to three months in prison and were serving their sentence in the pre-detention facility no. 5 as of the end of 2004.
Khvicha Kvirikashvili was interrogated on 22 and 23 May in the third department of the Gladni-Nadzaladevi police division as a suspected burglar. He died 25 minutes after being taken home in a taxi by police officers. Multiple injuries on his body indicated that he had been tortured.
Arsen Khutsishvili died on 31 May in the First Prison of Tbilisi, but the circumstances of his death remained unclear. According to the official version, he died of a heart attack, whereas his family insisted that his body wore signs of torture and that his death was directly related to a wound in the stomach area, apparently inflicted by scissors."
Document(s):
Open document
13.04.2005 - Source: Human Rights Watch
Report describing the failure of the authorities to end widespread torture of detainees in the criminal justice system ("Uncertain Torture Reform") [#31109], [ID 4949]
This briefing paper examines the issue of torture in Georgia since the Saakashvili-led government came to power. It outlines the historical context of torture in Georgia, describes the new government’s policy priorities that compounded problems leading to torture, in particular the government's campaigns against corruption and organized crime, and details the measures the government has taken to combat torture. The paper raises several torture cases that highlight the problematic aspects of the newly established plea bargaining system and the ongoing problem of impunity.
Document(s):
Open document
14.03.2005 - Source: Council of Europe - Secretary General
Reform of the prison system underway ("Compliance with commitments and obligations: the situation in Georgia [SG/Inf (2005) 6]") [#31811], [ID 4952]
"A new strategy for prison reform is underway. An Action Plan for Prison Reforms, prepared by the CoE following the meeting of the Steering Group on Prison Reform in September 2004, has been transmitted to the Georgian authorities. On 3 February 2005, the working group of the Ministry of Justice presented the major lines of the plan to international donor organisations. Its finalisation by the Georgian authorities is expected by March 2005.
43. In October 2004, the Georgian authorities informed the CoE that certain measures were being undertaken to alleviate overcrowding in prisons: renovation of Rustavi prison No. 6, creation of separate pre-trial detention centers, a new women’s prison, a prison for juveniles and a new prison in the Western Georgian regions. Special efforts have been made regarding logistic aspects.
44. More active cooperation between the CoE and the Georgian authorities should be envisaged as concerns the training of staff for new penitentiary institutions and training of trainers.
45. The Law on Imprisonment passed in its first reading in September 2004. The Georgian Ombudsman voiced concern against the provisions of the law, according to which the accused persons would serve their pre-trial detention on the same premises as sentenced persons. No consultation has taken place with the CoE regarding the Law on Imprisonment. An operational subgroup on execution of sentences was recently established within the Ministry of Justice. The CoE stands ready to provide further assistance, notably as concerns evaluation of draft legislation on enforcement of sentences.
46. The report of the CPT on its second period visit to Georgia, which began in November 2003 and was completed in May 2004 (see previous Secretariat report, doc. SG/Inf(2004)19), has not yet been made public. Local and international observers voice concern at impunity over alleged ill-treatment of detainees in pre-trial detention premises and prisons. Following a one-week visit to Georgia in late February 2005, the U.N. Special Rapporteur on torture and other cruel, inhuman or degrading treatment stated to the press that despite “a number of substantiated cases, in no instance have the perpetrators been brought to justice". The UN envoy discussed the issue with the Georgian authorities at the highest level and the latter acknowledged the existence of the problem (see also PACE Resolution 1415(2005) and doc. GR-EDS(2004)32).
47. In August 2004, the President signed a decree, establishing a public council to monitor prison institutions. While acknowledging the importance of this initiative, certain civil activists with experience in monitoring detainees’ rights regret their marginalisation from the process."
Document(s):
Open document
03.03.2005 - Source: Prima News
UN Special Rapporteur on Human Rights states that torture is continuously used against prisoners with absolute impunity ("Prisoner torture continues in Georgia") [#29632], [ID 4953]
Document(s):
Open document
13.01.2005 - Source: Human Rights Watch
Torture in detention and due process violations remain widespread; increase in reports of deaths in custody under suspicious circumstances ("World report 2005") [#28220], [ID 4954]
"Torture in detention and due process violations remain widespread in Georgia. There are continuing reports of the practice of isolating detainees in circumstances that amount to incommunicado detention, and restricting access to defence counsel. Judges sometimes ignore torture allegations. There were reports of several deaths in custody under suspicious circumstances, an increase from previous years. Reports of torture in detention include beatings, cigarette burns, threats of rape, and the use of electric shock. The authorities prosecute the perpetrators of torture in some cases. However, in many cases, the perpetrators are not brought to justice.
In a case that exemplifies the more troubling aspects of the government’s fight against corruption, the former chair of the State Audit Agency, Sulkhan Molashvili, alleged he was subject to torture in pre-trial detention following his arrest in April on corruption charges. An independent forensic expert confirmed signs of torture on Molashvili’s body after his arrest, including cigarette burns, and injuries consistent with the use of electric shocks. The Tbilisi city prosecution office opened an investigation into the torture allegations on July 5, 2004. In mid-July the Tbilisi city prosecutor stated that the investigation showed that the wounds had been inflicted either by Molashvili himself or other prisoners. At the time of writing, the investigation is on-going.
In October, in response to increasing reports of torture, Minister of Internal Affairs Irakli Okruashvili discussed with NGOs and the Ombuds office a plan to set up independent monitoring groups to supervise arrests and detention facilities. At this writing, the plan was yet to be implemented."
Document(s):
Open document
07.2004 - Source: Human Rights Center
Illegal detention of citizens, inhuman and degrading treatment and torture of detainees have reportedly become an integral part of the work of law enforcement agencies ("Political Prisoners Emerge in Georgia: Who will be the next?") [#24328], [ID 4955]
"Torture and inhuman treatment of detainees, especially of political prisoners has already affirmed by experts. Representatives of non-governmental organizations have started speaking openly about the torture of Sulkhan Molashvili, ex-chairman of the Chamber of Control. According to Molashvili. He was tortured with electric shock and lit cigarettes, the bruises of which are noticeable on the body of the former Chairman of the Chamber of Control even today. On July 9, Maia Nikolaishvili, an independent medical expert examined Sulkhan Molashvili and confirmed the fact that he had been tortured. Official bodies have not taken interest in Molashvili’s bodily injuries. As the leader of ’’Former Political Prisoners for Human rights’’ -Nana Kakabadze declared, the ex-chairman of the Chamber of Control abstained from voicing the fact of his torture for a long time, because it would have no result, other than to urge on his physical liquidation. Also, he did not want his family to hear about this fact. According to Nana Kakabadze’s statement, Molashvili had important information regarding leaders, who are currently serving in government, and this was the real reason of his detention."
Document(s):
Open document
06.2004 - Source: Human Rights Center
Since the "Rose Revolution" of November 2003 number of victims of torture has increased ("Torture – Governmental Carte-Blanche") [#23298], [ID 4956]
"The carte-blanche from the side of the authorities in Georgia has become the reason for the boundless violations by police and, as a result, the increasing number of victims of torture. The attempts of the new government to establish order by force gives rise to grave consequences in the law-enforcement system wherein they deal with human dignity, freedom and life. Post-Revolution Georgia is the witness of more victims of torture including two deaths.
On the basis of NGO observation it could be stated that relevant political, public and psychological atmosphere for defending fundamental human rights does not exist in Georgia. Along with the violations of other fundamental rights in recent years, the frequent incidents of citizens’ torture and inhuman and degrading treatment towards people has become particularly noticeable after the “Rose Revolution” of November 2003. The number of victims of torture has increased with, furthermore, the deathof two men,George Inasaridze, who was found hanged in the pre-detention cell of the Ministry of Internal Affairs on 20 December 2003 (a day after his detention), and Khvicha Kvirikashvili, who died f a half hour later, after the policemen of Gldani-Nadzaladevi (Mukhiani Department) had taken him home on 23 May2004. It should be noted that there was no evidence of prisoners’ deaths during 2003 before the November Revolution."
Document(s):
Open document
23.04.2004 - Source: International Helsinki Federation for Human Rights
Victims of police misconduct in 2003: torture and ill-treatment in police detention, illegal detention of individuals ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003)") [#21453], [ID 4957]
"Despite formal legislative improvements, however, reports of police ill-treatment continued. It was reported that in the first three months of 2003 alone, some 137 detainees with bodily injuries were taken from the Ministry of Interior’s temporary detention isolator to the penitentiary department.
• Kartlos Nakhalov was reportedly tortured with electric shocks in the Didube-Chgureti police department in early 2003. A medical doctor certified traces typical to electric shocks behind his ears.
• In another case, the head of the Expert Center of the Justice Ministry, Maia Nikoleishvili, applied on 5 March for the involvement of an expert to look into the case of a citizen who was beaten by the police. This person preferred not to give his identity for fear of retribution after being threatened with death if he filed a complaint about police brutality.
• The attorney of Gocha Bregadze and Revaz Purtskhvanidze, both of whom were arrested on 28 February, claimed that his clients were tortured with electric shocks at the police station of Kutasi. The local police denied the allegations.
• On 16 June, 38-year-old Merab Chukhasvili was allegedly tortured by police officers in the building of the Interior Ministry in Tbilisi to make him to confess to a kidnapping. Chukhasvili fainted during his trial and doctors said he required an urgent operation because electric shocks had damaged his internal organs.
The Prosecutor General, Nugzar Gabrichize, said that detainees frequently fell victim to police ill-treatment when being transported from police detention stations to prisons. He said that the Justice Ministry started to keep a record of such cases, but law enforcement agencies have failed to take any disciplinary measures. He also noted that there were 108 cases of illegal detention of individuals in 2002, officially on suspicion of drug consumption. Further investigations revealed that none of the detainees had been under the influence of drugs. According to Maia Nikoleishvili, head of the Expert Center of the Justice Ministry, “most policemen consider that crimes can be revealed only by means of violations, beatings, and electric shock methods of torture.”
The assistant public defender, Ramaz Ninua, noted that victims of police brutality often filed complaints of police abuse but later withdraw their statements, apparently after being threatened or offered bribes to remain silent."
Document(s):
Open document
Open document
24.02.2004 - Source: Human Rights Watch
Report focused on religious intolerance, freedom of assembly and expression, torture in prisons and the situation of internally displaced, refugees and Meskhetian refugees ("Agenda for Reform: Human Rights Priorities after the Georgian Revolution") [#19671], [ID 4958]
"Georgia's prisons lack basic resources, subjecting inmates to atrocious conditions of overcrowding, and depriving them of basic hygiene, nutrition, and other humanitarian necessities.29 The new government has recognized the desperate need to overhaul the prison system, and plans to carry out extensive reforms, including building completely new prison facilities."
Document(s):
Open document
24.02.2004 - Source: Human Rights Watch
Report focused on religious intolerance, freedom of assembly and expression, torture in prisons and the situation of internally displaced, refugees and Meskhetian refugees ("Agenda for Reform: Human Rights Priorities after the Georgian Revolution") [#19671], [ID 4959]
"The widespread use of torture and lack of procedural protections for those under criminal investigation are long-standing and well-documented problems in Georgia.7 The practices of isolating detainees, to the extent of incommunicado detention, restricting access to family and defense counsel, and denying detainees representation of a lawyer of their choice are common. Judges ignore torture allegations and fail to exclude evidence obtained by means of torture. Vigorous and impartial investigations of torture allegations are rare and a culture of impunity pervades within law enforcement and judicial bodies.
Although the Shevardnadze government failed to carry out significant structural reforms to combat torture, it did take some positive steps. In response to international pressure, the government publicly acknowledged that torture was a problem and needed combating,8 the media actively publicized individual cases of torture, and independent forensic reports began to be admitted in evidence in courts.
Local human rights activists, lawyers, and representatives of the international community who spoke to Human Rights Watch fear that the urgent drive to fight corruption is already undermining this limited progress, and may also, in the long term, heighten public mistrust of law-enforcement bodies. The new fight against corruption has led to several high-profile arrests, including of former government members. President Saakashvili and other prominent officials have used forceful language, proclaiming the guilt and bad character of those arrested, and praising or justifying investigations, even when serious allegations of torture and procedural violations have been raised.9
In the context of Georgia's recent history of police abuse and lack of independent and fair courts, Human Rights Watch is concerned that these and other high-level statements on law enforcement encourage lower officials to violate basic rights. For example, in January then President-elect Mikheil Saakashvili stated:
I...have advised my colleague, Justice Minister Zurab Adeishvili-I want criminals both inside and outside prisons to listen to this very carefully-to use force when dealing with any attempt to stage prison riots, and to open fire, shoot to kill and destroy any criminal who attempts to cause turmoil. We will not spare bullets against these people.10
And then in February, he said: "I gave an order to [the Interior Minister to] start this [anti-crime] operation and, if there is any resistance, to eliminate any such bandit on the spot, eliminate and exterminate them on the spot, and free the people from the reign of these bandits."11"
Document(s):