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Human Rights Center appealed the Strasbourg Court over Magda Papidze’s case

07.06.2018

 
Human Rights Center sent application to the European Court of Human Rights (ECtHR) about dragged out and ineffective investigation into inhuman treatment of convicted Magda Papidze from the side of police officers. 

With the application lodged by HRC, Magda Papidze appeals the ECtHR to determine violation of the Article 3 (prohibition of torture) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights.

According to the appeal, on December 19, 2015, during the detention and afterwards, Magda Papidze was ruthlessly tortured by police officers in Didi Digomi district police office. During the detention Magda Papidze was pregnant. As a result of beating and torture she had miscarriage. 

In her application to the ECtHR Magda Papidze described the police officers in details, who harassed her.

On December 22, 2015, the Tbilisi Prosecutor’s Office commenced investigation into the criminal case against the abuse of power by police officers, which is punishable under Article 333 Part 3 “b” of the CCG. In 2016, the investigation dropped. The case materials show that the investigation was conducted with significant shortcomings.

In this case, the prosecutor’s office did not ensure substantial and timely investigation and reasonable engagement of the victim. The investigation did not conduct recognition procedure of the alleged perpetrators although the applicant had described the harasser officers in details. No other investigative activities were carried out to determine alleged perpetrators.

Magda Papidze indicated at the concrete room in the police office, where the police officers allegedly committed the crime; she described the 4 persons (approximate age, height, features, hair and eyes color, cloths, and other). No investigative activities were conducted to identify those people. The investigation did not question the persons engaged in investigation and those who were in the police office during the incident.

Investigation did not carry out expertise to estimate the facts of alleged miscarriage and sexual harassment. The expert did not ask specific questions; no expertise was conducted to estimate the reasons of miscarriage.

The investigation did not allow the victim to participate in the investigation process. She did not receive victim status, for what she could not have access to case files. The victim did not have information about the ongoing/dropped investigation. The June 2, 2016 resolution on dropping the investigation relied only on the testimonies of police officers.

HRC believes the Articles 3 and 14 of the ECHR were violated with regard to Magda Papidze. 

On July 4, 2016, the Jury Court found Magda Papidze guilty in the murder of her husband and child (crime punishable under Article 109 of the CCG). On July 6, 2016 the Tbilisi City Court sentenced her to life-time imprisonment. 

Human Rights Center 

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