Attack is the Best Defence!

Attack is the Best Defence!

Prison Administration is Playing the Victim to Cover up its Misdeeds

On 16 June Mr. Goga Oniani, the Pubic Defender Representative, reportedly entered the Administration Office of Ortachala No. 7 Prison where upon administration officials abused their duties and locked Mr Oniani in a prison cell where he was held for several hours, together with Mr Nodar Managadze and the Prosecutor of the Human Rights Department, Ms. Ana Nadareishvili, on an order issued by Mr. Gela Kikilashvili, the Head of the prison. Mr. Kikilashvili is now blaming the Ombudsman Representative for physically abusing him in order to cover up the incident.

On 16 June, at 10:00 am, Mr. Goga Oniani, the Public Defender Representative, was conducting monitoring in different departments of the Rustavi Ministry of Internal Affairs when the Deputy Ombudsman, Mr. Bacho Akhalaia, called and told him about a prisoner that was being held in the Ortachala Prison No.7 who wanted to see him. Upon entering the prison, Mr. Oniani, together with Mr. Nodar Managadze and Ms. Ana Nadareishvili and with a video camera as a part of their monitoring duties, went to see the prisoner.

During the visit, the prisoner spoke to the camera about the fact of human rights abuses from the part of the prison administration and said that he was ill and needed insulin which the prison administration would not provide him. The prisoner was not in the position to be able to purchase it for himself. He also told of many physical injuries that were inflicted on him by the security guard during the previous night when he was taken from the Ksani Colony. Upon his inspection, however, Mr. Oniani could not find any trace of violence.

The situation became extremely tense when one of the prison administrators entered the building and saw a video camera. The Head of the prison, Mr. Gela Kikilashvili, ordered no release of Mr. Oniani until such time as he left the video cassette behind.  Oniani refused, saying that “he was acting within the framework of the Law on the Public Defender, according of the Article 188 of which during conducting inspection the Ombudsman Representative has the right to ask for any information and get any notification, document and other materials. ”For this reason, not a single normative act prohibits the use of a video recorder during such monitoring visits and, according to the Ombudsman Representative, he was fully within his rights to utilise photo, as well as video, cameras in obtaining evidence and testimonies.

Prison officials refused to let Mr. Oniani leave the room and, together with the some rough language, they tried to take the video cassette from his pocket. During the physical confrontation, Mr. Oniani fell and received some minor injuries. Regaining his stance and demanding that the door be opened, Mr. Kikilashvili appeared and behaved violently, tearing the shirt from one of the prison staff and then leaving the room. Staff reported further that he returned with dirty trousers and a bruised eye.

Mr. Nodar Managadze, from the Public Defender’s Office staff, witnessed the above-mentioned incident and went to the Procuracy where he told about the activities of the Prison administration. In spite of his demand, however, neither the Prosecutor nor Ana Nadareishvili were released and it was only after the arrival of the senior officials that these people could move freely.

For the time being the Procuracy General is actively investigating the case. Presently, the Deputy Prison Administrator, Mr. David Vardosanidze, is under arrest for detaining the Public Defender Representative in prison. The Procuracy is blaming him for abusing his work-related duties and the Head of the Prison, Mr. Kikilashvili, is now in hospital, maintaining his infirmity which is confirmed by his doctors.

Nino Bestavashvili