Address of Human Rights Center about the Practice of the Judiciary Authority with Regard to Amended Testimonies

Human Rights Center is concerned with the practice of the investigative bodies and judiciary system who discard statements of the witnesses who claim that they had made initial statements under oppression and later on wish to change testimonies.

Human Rights Center’s observation showed that mainly this practice is applied with regard to those witnesses, who after 2012 Parliamentary Elections (having been released from the oppression of the investigative bodies during previous authority) stated that representatives of investigative bodies had forced them to write testimonies according to their dictation. They were threatened with imprisonment; in some cases their relatives were arbitrarily detained, who were released only after the witnesses made the testimonies acceptable for investigators.

Human Rights Center processes several cases where witnesses of the prosecutor’s office appealed to the Chief Prosecutor’s Office of Georgia to start investigation. However, Tbilisi Prosecutor’s Office replied to them the investigation had not started because verdicts can be re-considered only by the court. The Prosecutor’s Office did not inquire new circumstances into the case although the witnesses had confessed that they were oppressed and intimidated; investigative bodies were obliged to start investigation into the allegation. In similar situation, when the truth is not estimated many prisoners might be unfairly convicted. Human Rights Center has several convicted beneficiaries, who state they were arbitrarily arrested based on false testimonies of the witnesses.

Into one of the cases, Human Rights Center addressed to the Criminal Case Chamber of the Tbilisi Appeal Court with regard to new circumstances and requested revision of the case; however the Court declined the solicitation claiming that the crime allegedly committed by a judge, prosecutor or an investigator shall be estimated by the court verdict or other procedural document.

Human Rights Center calls on:

Ministry of Internal Affairs and Chief Prosecutor’s Office of Georgia to study similar cases carefully and have adequate reaction to alleged abuse of power by investigative body representatives and ensure protection of legal rights of the convicts.

Chairwoman of the Human Rights and Civic Integration Committee at the Parliament of Georgia to conduct effective parliamentary control over the work of the General Inspection of the MIA and Chief Prosecutor’s Office of Georgia with regard to similar cases.

Supreme Court of Georgia to elaborate appropriate guidelines with regard to similar cases.

Human Rights Center