Evaluation by Human Rights Center

On February 13 of this year, the department (hereinafter – the new department) for investigation of crimes committed during the proceedings of the prosecutor’s office has been created based on the order N62 of the Minister of Justice of Georgia.

 According to the regulations of the department, it was entrusted to investigate the alleged facts of crime committed during the legal procedures, including torture, inhuman and degrading treatment, forced concession of the property and other facts of coercion.

On July 28 of this year, Human Rights Center addressed the head of the department for investigation of crimes committed during the proceedings of the prosecutor’s office, Irakli Nadareishvili and requested the following information:

· How many cases have been submitted to the new department (how many of them are about divestiture of the property rights, or improper treatment and other information according to the categories) since the establishment of the department. 

· On how many cases have the investigation been completed, what were the results and what kind of right/rights violation were they related to;

· How many ongoing investigations are there right now, what kind of cases are they and what kind of human rights violations are they related to;

· Based on which categories are the cases prioritized regarding investigation proceedings; please give us the written form of criteria for defining the priorities of the cases (if applicable);

· How many cases have you investigated so long, what are the results regarding the restoration of violated rights of specific persons and whether the alleged offenders have been brought to justice.

· How many person’s rights have been restored so long, what kind of human rights violations where they;

· According to what criteria were the prosecutors and investigators have been selected for your entrusted department and are those prosecutors and investigators working now, who have been working in the system since 2004 or earlier;

According to the public information requested by Human Rights Center from the department for investigation of crimes committed during the legal procedures, based on the situation of July 27 of 2015, 172 crime cases are being investigated in the department for investigation of crimes committed during the legal procedures. The department investigates 8 crime cases on the facts of beating-torture, degrading and inhuman treatment in the law enforcement bodies and penitentiary facilities. Also 121 crime cases on the facts of forced concession of the property, deprivation, enfeoffment, divestiture of the property rights of citizens are being investigated by the department. 

Criminal prosecution were initiated against 2 persons from the crime cases existing in the department, discretion was enforced against 5 persons and criminal prosecution based on the third section of the article 105 of the Criminal Procedure Code of Georgia was not initiated, investigation on one person has been suspended because of death of the  accused.

 

Ten persons were recognized as victims in regard of the restoration of violated rights of specific persons. Ten cars and 1 land have been returned, total cost of which is more than 1 million lari. 

The staff was selected with special caution. Those persons were assigned as prosecutors and investigators in the department, against whom there were no pretensions in the complaint letters submitted to the Chief Prosecutor’s Office. 

Unfortunately, Human Rights Center still has not received from the department the information regarding the following subjects, which questions the transparency and reasonability of the department:

· It is still unknown for the society based on what criteria does the department prioritize specific cases regarding the investigation of various cases and whether these criteria are provided in written form.

· It is still vague for the society, through which legal procedures the department has returned ten cars and one land. Was the deprived property returned back based on the court decision or without it, also whether the legitimate interests of third parties were protected or not;

· It is still unknown for the society based on what criteria was the department for investigation of crimes committed during the proceedings of the prosecutor’s office with a chief, a deputy, prosecutors and investigators. Are the criteria of their qualification and good faith written somewhere or not. The criteria for selecting the stuff of the department are also unknown.

Based on the above, Human Rights Center thinks that the department for investigation of crimes committed during the proceedings of the Chief Prosecutor’s Office of Georgia does not meet the minimum standards of transparency and accountability, which seriously questions the effectiveness of its work.

 

Human Rights Center calls on the Chief Prosecutor’s Office to provide constant awareness of the society regarding the work of the department and significantly improve the standards of accountability to the society. 

Human Rights Center will continue communication with the newdepartment and within its competence provide constant information for the society regarding the work of the department. 

Human Rights Center

13.08.15.