The Public Defender of Georgia considers it necessary to conduct a comprehensive investigation into the fact of beating of David Kodua

Ombudsman.ge

  

The Public Defender of Georgia urges Interior Ministry to fully and effectively carry out the investigation into the fact of beating of David Kodua.

According to report by the Ministry of Internal Affairs of Georgia one person is arrested, who admits the fact of beating of David Kodua, and the investigation is already in progress under Article 125 of the Criminal Code of Georgia (Assault and Battery).

The Public Defender considers that despite Noshrevan Namoradz’s confession, it is necessary to find and gather all possible evidence, including surveillance cameras installed in the vicinity of the incident and the statement of the witnesses in order to conduct a thorough, full and efficient investigation. According to Article 13 of the Criminal Procedural Code of Georgia, the defendant’s confession if it is not confirmed by other evidence proving his guilt is not enough to pass a judgment of conviction. The judgment of conviction must be based only on relevant, clear and convincing combination of evidence which confirms a person’s guilt beyond a reasonable doubt.

Herewith, a proper qualification of the crime is essential, which in this particular case might be doubtful. According to Article 125 of the Criminal Code of Georgia, assault and battery or other violence, that has caused a physical pain of the victim but has not been followed by the consequence referred to in Article 120 of the Code – Intentional Light Damage to Health, can be qualified as beating. Whereas according to media reports David Kodua is placed in a resuscitation department.

The Public Defender of Georgia considers unacceptable punishment of any person or such an attempt carried out arbitrarily by an individual for the revenge, even if the crime has been committed against him. Prevention of similar incidents is possible only in the case of fast, efficient investigation carried out by the investigative authorities, and proper punishment of all guilty persons.