Salome Achba
Prisoner Ramaz Pataraia is in terrible situation after being physically assaulted– his lower limbs are paralyzed and he moves only in wheelchair; he has post-trauma stress and cramps. The prisoner wrote in explanation letter that during transportation two employees of the prison ruthlessly beat him in Kutaisi prison # 2. Regional Prosecutor’s office of the western Georgia launched criminal case on the incident a year ago but the investigation is prolonged and the trial has not been scheduled yet.
The Human Rights Center took up the case of Ramaz Pataraia. The head of the legal aid center within the Human Rights Center Nino Andriashvili protects his rights.
“At the beginning of December of 2009, I was taken from the cell of the Kutaisi prison # 2 to the so-called “fux”. After having disagreement with the prison personnel two of them – certain Dato (I do not know his surname) and Nugzar Zhorzholiani beat me. They insulted me, kicked me in the legs, back and head,” wrote Ramaz Pataraia. According to his explanation letter, he requested doctor several times and to take him to jail hospital but no medical assistance was provided for him.
The conclusion of the expertise carried out by the psycho-rehabilitation center “Empathy” states that convicted Pataraia has cramps of unidentified origin, penalization of the lower limbs and post-trauma nervous after being beaten.
“The origin of the cramps is not diagnosed; the adequate and necessary examinations were not carried out. Despite the neurologic condition and practical disability of the patient no medical treatment is carried out on the convicted. Based on the abovementioned situation, we assess the situation as inhuman treatment of the prisoner,” stated the conclusion of the Empathy.
Public defender’s office also got interested in Ramaz Pataraia’s problem. The representative of the public defender visited him in the custody who confirmed that the prisoner had injuries on the body. Based on the expertise conclusion, the public defender’s office recommended the ministry of penitentiary, probation and legal aid to start medical treatment of Pataraia immediately.
“The prisoner shall be immediately placed in the jail hospital where he can be provided with medical, psychological and legal aid. There, expertise can also be carried out,” stated the recommendation of the public defender to the penitentiary department.
Although the medical conclusion and the recommendation of the public defender request the penitentiary department to place the prisoner in jail hospital, he is still in custody. Lawyer Nino Andriashvili said that the prisoner receives only sedative medicines in prison that is not enough for the improvement of his health conditions.
The criminal case on beating convicted Ramaz Pataraia was launched in the regional prosecutor’s office of the Western Georgia a year ago. However, the process is prolonged. According to the prosecutor’s office, the investigation is waiting for the expertise conclusion which was carried out in June. The prosecutor could not receive the conclusion yet for unclear reasons. The next procedures will be scheduled only after the new conclusion is received.
The attorney and family members of Ramaz Pataraia think that the prosecutor’s office prolongs the case discussion on purpose. “The case was launched a year ago but we do not know why court hearings have not started yet. We do not know whether offenders are punished or not. One year has passed but there has been no result yet,” said Lia Pataraia, the mother of the prisoner.
The lawyer of the Human Rights Center Nino Andriashvili requested information about the health conditions of the prisoner as well as the names of the people who beat him. The attorney sent question to the regional prosecutor’s office of the western Georgia why the process is prolonged.
“Unless we receive timely reply on our official requests and the process is still prolonged, we will appeal to the Strasbourg court,” said Nino Andriashvili.
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