Public Defender Addresses Chief Prosecutor of Georgia to Investigate Case of Ill-Treatment

According to subparagraph C of article 21 of the Organic Law on Public Defender, the Public Defender of Georgia Giorgi Tughushi addressed the chief prosecutor of Georgia Murtaz Zodelava to start preliminary investigation regarding the facts of ill-treatment of prisoners in #2 Penitentiary Department.

On September 11th of 2011, the representatives of Public Defender met with the prisoners of Kutaisi #2 Penitentiary Department (approximately 100 prisoners). Majority noted that on September 9th of 2011, at about 21:00 pm, a unit of Special Forces entered the department, took out some prisoners from the cells (mainly prisoners placed in C and D corpuses) and physically and verbally assaulted them. Some were brought back; some were taken to the punishment cell. Four convicts confirmed this fact in written form.

In the month of August of 2011, the special preventive group of Public Defender conducted a monitoring in #2 Kutaisi Penitentiary Department. The prisoners noted that the facts of ill, rude and degrading treatment have occurred against them lately from the side of administration officials particularly against the prisoners under quarantine and the ones imposed with criminal responsibility. According to the prisoners, during the past months, in case of violating the Code of Conduct, instead of transferring to the punishment cell, as it is envisaged by law, most of the prisoners were first transferred to the so-called “Box” where they were placed barefoot dressed only in under wears from 3 to 24 hours. Some convicts noted that they were beaten after being placed in the “Box”. However, they abstained from stating these facts in written form.

The absolute majority of Kutaisi #2 Prison Department confirmed the abovementioned practice (approximately 600 prisoners), which makes these facts particularly credible, especially if we consider that Kutaisi department is closed type where the prisoners located in different cells have no contact with one another.

Besides, throughout the summer of 2011, the prisoners placed in #2 Kutaisi penitentiary department numerous times addressed the Public Defender. They talk about the grave violations of their rights and ill-treatment. On two such facts, by the recommendation of Public Defender, the criminal case has been filed according to article 1443 (degrading or inhuman treatment).

In August of 2011, Public Defender called on the Minister of Corrections and Legal Assistance to take all necessary measures to ensure the legal protection of prisoners of Kutaisi #2 Penitentiary Department, also to raise the responsibility of all individuals who are noted to be particularly cruel to the prisoners. Despite this request, the treatment towards the prisoners of Kutaisi #2 Department has not improved. Moreover, Public Defender does not know whether or not any kind of measures have been taken in order to improve the situation in Kutaisi penitentiary department and punish the offenders.

Public Defender raises concern over the situation in Kutaisi #2 penitentiary department, especially considering that the ill-treatment is no longer the system problem of penitentiary departments. However, considering the abovementioned this statement can be argued if no measure is taken to eradicate the ill-treatment and reveal and punish the offenders.

 
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