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Statement of Public Defender of Georgia

November 17, 2006

Prosecutor’s Office of Georgia is investigating the case against Giorgi Getsadze - employee of Public Defender’s (Ombudsman) Office of Georgia. I consider that this is a fact of creating obstacles and putting pressure on the activities of the Public Defender.

In 2005-2006 Office of Ombudsman has launched wide-range monitoring of the closed institutions. During the last two years, there were about three thousand unexpected visits to the police pretrial detention places and penitentiary establishments under the Ministry of Justice. Following the monitoring beating of people and practice of torture at the police pretrial detention cells was ceased. Previously, such practice had been an ordinary activity of police.

However, since the beginning of 2006 facts of violation of Human Rights at the penitentiary establishments has become more often. Beating, torture, inhuman and degrading treatment against prisoners has become more frequent. Lawyers are not allowed to meet with their clients; facts of violation revealed during the monitoring are not investigated.

For example on September 7, 2006 members of the monitoring group of the Ombudsman of Georgia while conducting monitoring of Prison #1 found 4 beaten prisoners – Mikhail Kereselidze, Otar Babaev, Tamaz Shavishvili and Guram Vashakidze. According to the prisoners, on September 6, at 21:00 Levan Maruashvili – newly appointed head of the prison – entered their cell in order to make a search of the cell and find forbidden objects, such as mobile phones. No cell phones were discovered and the prisoners were brutally beaten up. During the monitoring injuries of the prisoners were clearly visible.

Ombudsman of Georgia demanded the Prosecutor General’s Office and the Investigative Department under the Ministry of Justice to launch investigation on the fact. Two days after members of the monitoring group of the Public Defender found that investigator of the Prosecutor General’s Office together with the head of the prison – Levan Maruashvili and the deputy head were talking to the above-mentioned prisoners. As far as the action is not considered by the Criminal Procedural Law, it casts doubt on putting pressure on the prisoners in order to change their evidence against the head of the prison. Otherwise, it is impossible to explain why representatives of the Prosecutor’s Office together with the head of the prison were talking to the beaten prisoners who were blaming this person in beating and torture.

Investigation on this fact has launched but even after two and a half months criminal sanction has not been used against even one official. 

On September 13 and 15, 2006, the members of the Office of Ombudsman visited Rustavi Prison and Establishment of High Regime #6 of the Department of Execution of Punishment under Ministry of Justice where they conducted monitoring of punishment cell. They found 7 prisoners who had only underwear on. The garments of prisoners were on the floor near the table of person on duty. According to explanations of one of those prisoners - Genadi Tsurtsumia ,he had been in punishment cell during 16 days and in this period, he had been wearing only underwear, because members of administration took their garments away. Also regardless his request, he was not provided with items of hygiene (towel, soap, toothpaste, and toothbrush), paper and pen. The members of the Office of Ombudsman inspected book of records of prisoners, where Genadi Tsurtsumia was not registered. The members of administration were not able to give the order concerning disciplinary punishment of Tsurtsumia.

In addition, Imeda Butkhuzi and Badri Ketsbaia were undressed and placed in the punishment cells. The above-mentioned prisoners stated that they were freezing at nights. During the monitoring, it was found out that there were no mattresses, linen and blankets in any of the cells, consequently they had to sleep on wooden boards.


According to paragraph “a” of the first part of article 26 of Georgian “Law on Imprisonment”, “a convict is entitled to be provided with garments”, according to the first part of article 34 of the same law “a convict shall have adequate facilities to observe personal hygiene without prejudice to human dignity and honor”. According to internal regulations of Establishment of High Regime a convict is entitled to be provided with items of hygiene, pen, writing book, newspapers magazines and etc.

According to the cynical statement made by jail administration, prisoners denied to get dressed on their own initiative.

Undressing of prisoners in a punishment cell, creation of sleeping and relax disturbance, forbidding of items of hygiene and writing facilities necessary for correspondence, contradicts Georgian legislation as well as international treaties. Similar actions can be estimated as torture, inhuman and degrading treatment, therefore Ombudsman applied to the Office of Prosecutor General for launching investigation on the facts of violation of human rights in Kutaisi Jail and Establishment of High Regime the Department of Execution of punishment.

On the basis of above mentioned, instead of giving proper reaction and launching effective investigation on the facts of violation of human rights, on the opposite, Prosecutor’s Office and Investigative Bodies started “fighting” against the members of the Office of Ombudsman. Namely, on November 1, 2006 Giorgi Getsadze, the member of Ombudsman was in Geguti Establishment of High Regime # 8 of Penitentiary Department within the Ministry of Justice in order to reveal the facts of corruption and bribery. Former employee of Geguti # 8 Establishment applied to the Office of Ombudsman on the facts of corruption existing in the above mentioned Establishment. The visit of Giorgi Getsadze was aiming at verifying the facts mentioned in the application. It has been revealed that telephone conversations of the members of the Office of Ombudsman, including Giorgi Getsadze were eavesdropped by law enforcement bodies, which is absolutely illegal. On the bases of the information gained by means of eavesdropping, the sue was brought against Giorgi Getsadze for taking illegal actions while studying the case, for attempting to bribe employees of Penitentiary Establishment and thus provoking the crime.
  
Actually, Giorgi Getsadze did not have any attempts to provoke crime he was just trying to verify the facts mentioned in the application and he was interviewing people. He never tried to offer money to anyone. On the basis of the violation of human rights which take place in Penitentiary Establishment, the action against the members of the monitoring group is only aimed at putting pressure on the members of Ombudsman, frightening them, forcing them to quit monitoring and revealing the facts of violation of human rights. Those actions of illegal eavesdropping, which are taken absolutely illegally, serve for this very purpose. 

 

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