The tortured prisoners filing complaints to Strasbourg

In connection with the criminal case filed about the incidents of the beatings of prisoners four years ago nobody has been interrogated yet but the victims themselves. Human Rights Center will ensure the examination of the prisoner’s complaint by the European Court of Human Rights.

On March 8th, 2010, Rudik Ovakimiani, the prisoner of Rustavi Strict Regime Colony, addressed the officials of public defender. He was making a complaint that the prison administration perpetrated beatings on him.

“The injuries were observed on Ovakimiani’s body, his left eye was discolored, redness was observed on his belly. Different kinds of aches were bothering him,” – the public defender Giorgi Tugushi addressed the chief prosecutor, Murtaz Zodelava to react upon the beating of the prisoner.

The investigations on the case of Rudok Ovakimiani and the torture of one more prisoner, Imeda Butkhuziani, started in 2006. The case was filed according to article 333, the exceeding official authorities, but since that, the case has not progressed. The prisoners are going to submit a complaint to Strasbourg Court.

Imeda Butkhuzi was arrested with the charge of robbery on March 2nd, 2005 and sentenced to 7 years in prison. The prisoner was put in the 103 cell of the 5th Ortachala jail. From Ortachala, the prisoner was transferred to Rustavi #6 jail with many other prisoners. First beating took place in the Rustavi prison while transportation.

“People in masks met me at the entrance of the prison; they beat me with clubs and fists. The prison director Gigineishvili was among them. After the beating, my spine was injured and hemorrhages were observed in the skull area,’’ – writes Imeda Butkhuzi in his testimony.

After the beating, Butkhuzi’s situation worsened. He was taken to the hospital where the doctor Asatiani received him. The doctor explained to him beforehand that the fact of beating could not be indicated in the medical card.

“Because of the beating I had a temporary paralysis, since my spine was damaged, the chest vertebras were broken and hematoma developed in the skull area. Nevertheless, the doctor told me that if she put my diagnosis in the card, she would get fired and maybe even beat up,” – recalls Imeda Butkhuzi.

In connection with the fact of beating, the prisoner is asking for a medical expert examination, yet, in vain. He hopes that the expert examination will reveal the damages.

In the same year of 2006, the prison administration changed, Sandro Khulordava was put in charge of Rustavi #6 prison and George Khukhua and Lasha Bregvadze were appointed as his assistants. The so-called prison riot took place right when the new administration took over, during which several prisoners died. “On March 24th, Bacho Akhalai came in with special forces. I personally witnessed how brutally the prisoners were killed. I saw the dead bodies of the prisoners,” – states Butkhuzi.

After the riot, the prison conditions severed, the living conditions worsened. The prisoners secretly complained about the food, narrowness and insanitation. The prisoners did not have a right to use the telephone or to send letters. As they say, many times, prisoners got beat up for addressing administration with complaints.

“For 6 years, I had no connection with my family. They didn’t know whether I was dead or alive. Finally, I told the head of the prison social service, Zviad Zviadaze that he was obligated to connect me with my family, about which he said – “Shut up, or I’ll paralyze you permanently,” – recalls Butkhuzi.

Butkhuzi thinks that exactly because of the argument with Zviadadze, he was brought naked to the prison hall and then put naked in the punishment cell.

The incident of denuding is confirmed by the former public defender – Sozar Subari. “On October 15th of 2006, the representatives of the ombudsman’s office, Giorgi Mshvenieradze, Otar Kvachadze and Koba Chopliani entered the 6th jail. They saw Imeda Butkhuzi sitting in his underwear. This was not the only case of denuding. On October 13th, the representatives of the public defender saw another naked prisoner – Vaja Gegenava. The clothes of prisoner was scattered outside,” – explains Subari.

The prisoner told the public defender’s representatives about the illegal acts of prison administration and gave a written testimony. After that, Imeda Butkhuzi was called to Bacho Akhalaia’s cabinet.

“He asked: – are you Imeda Butkhuzi? When I gave a positive answer, he started yelling: - you are complaining against me, you bustard?!... and they started beating me.” – says the prisoner.

He said that Tea Tutberidze visited him in the prison. After personal meeting, Tutberidze asked the prisoner to take back the complaint submitted against Bacho Akhalaia. Instead of collaboration, Tutberidze promised her improvement of conditions.

The meeting with Butkhuzi was confirmed by Tea Tutberidze, but she denied the fact of making any offer. Tutberidze met with all three naked prisoners in the cell.

“I didn’t offer them anything. This is a complete lie. I talked to all three prisoners separately. Their testimonies were contradictory, so naturally I started doubting the accuracy of facts. Visually, no sign of physical violence was shown. But if they were really brought naked to the prison hall, that’s definitely a violation of human rights,” – said Tutberidze.

Soon Imeda Butkhuzi was transferred to Rustavi #2 zone. According to his allegations, the oppression continued there as well. He was demanded to take back his complaint and record his confession testimony on video camera.

“The head of the security service Giorgi Khubua and his assistant beat me, threatened me that if I don’t fulfill their demand, they’ll kill my family,” – says Butkhuzi.

The criminal case concerning the beating of prisoners was filed in 2006, but nobody has been interrogated regarding the incident but the victims.

At the end of 2008, Sozar Subari requested a documentation concerning the exceeding of official authorities of jail 6th. But the public defender was just noted that the preliminary investigation started according to the article of exceeding of official authorities.

The investigation, which is still going on, interrogated Rudok Ovakimiani, the prisoner of #6 jail as a witness.

Rudok Ovakimiani was serving sentence in 2005 in Rustavi #5 jail, later he was transferred to #6 department of the same jail. The cells of Rudik Ovakimiani and Imeda Butkhuzi were confronting each other.

“The cell where I was put was meant for 28 people, but it was 100 of prisoners there. The roof was made of tin, so the temperature reached 40 degrees in summer, no breeze, no water, the toilet door was open. The insanitation, cockroaches, rats and bugs, the skin diseases, scab and fungus prevailed. Nobody worried about our medical treatment. We took turns to go to bed, we didn’t have any mattress or linen,” – says prisoner Ovakimiani.

“During that time, in the prisoner of Ortachala, the situation was really hard. 120 people were serving sentence in the cell for 20 people. The roofs were covered with tin-plates and therefore could not be aired. The food and medical service was very low quality. The prisoners were either treated incorrectly or were not treated at all that brought fatal results,” – says Subari.

“Because of the letter of complaint, I was beat up in 2006 by Khulordava, David Mamukidze, Zurab Zviadaze, my head was broken in two different places and the spine injured. I was dragged to the cabinet of the director of prison, Khulordava said: I am everything here, a doctor, a judge, a butcher, I’ll pull your spine out if you ask for medical treatment for your injuries,” – recalls the prisoner.

Because of intolerable conditions, Ovakimiani submitted a complaint to public defender with other prisoners. They were protesting that for the usage of telephone and buying the mono cards they were giving money to the head of department, Giorgi Khulordava, who sold 5 lari mono cards for 20 lari.

“To use telephone, we had to collect money. Then, they would just take away this money. They would conduct a search, find the money, say that it’s “obshiak” money and we had to do it all over again, just to be able to connect to our families,” – says Ovakimiani.

According to Ovakimiani, he and Imeda Butkhuzi were severely beaten a couple of times. He was put in the cell with no food or water for 4 days.

“On the fourth day, I realized that I could not stand it anymore. I started yelling so that someone would reach the public defender. I noted all this in the complaint sent to the public defender, after that Giorgi Khukhua and Lasha Bregvadze threatened to kill me in the cabinet of the prison director,” – says Rudik Ovakimiani.

The cases of Imeda Butkhuzi and Rudik Ovakimiani were included in the parliamentary report of public defender in 2008, but it had no legal outcome.

“The case was filed according to article 333 of the penal code, which regards the exceeding of the official authorities. Since 2006, the investigation has not progressed at all; there are no suspects in the case. The people who beat the prisoners still stay in their posts,” – says Nino Andriashvili, a lawyer from Human Rights Center.

According to the lawyer’s explanation, the case should have been filed not only with the charge of the exceeding of official authorities but also with the charge of torture and inhuman treatment.

Nino Andriashvili, the Human Rights Center:” “Right in the first application, I requested the change of the crime qualification, but they didn’t satisfy my request. Numerous times I addressed the main prosecutor, but never received a response. I agreed with the investigator to interrogate prisoners together. Three months have passed since that, and nobody responded. For such a purposeful procrastination of case, we are addressing the European Court.”

“The officials of public defender, who personally interrogated the tortured prisoners, were asking prosecutor’s office to be interrogated. But, they were never interrogated,” – says Sozar Subari.

Nika Legashvili, the lawyer of the Human Rights Center: “Since 2006, the investigation has no suspects. This is a purposeful procrastination of the investigation. In these cases, the legislation gives us chance to directly address the Strasbourg European Court without addressing the inner instances. By using this right, according to the article of torture and exceeding of official authorities, we will submit complaint to the European Court of Human Rights.”

Some officials, against who the prisoners are making complain of torture, were promoted; some continue their work in the same prison. Imeda Butkhuzi and Rudik Ovakimiani still serve prison sentence in Rustavi #6 jail.