E/CN.4/2006/6/Add.3
page 4
Introduction
1.
At the invitation of the Government - originally extended in February 2002 but not
realized owing to circumstances beyond the control of the Government - the Special Rapporteur
on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak,
undertook a visit to Georgia from 19 to 25 February 2005. What follows is the report of his
findings, conclusions and recommendations. The Special Rapporteur examined the legal
framework and governmental activities relating to the prohibition of torture and other forms of
ill-treatment. He also examined the response of the Government to allegations of violations,
particularly in relation to inquiry, impunity and prevention. The Special Rapporteur has based
his findings on the situation of torture and ill-treatment in Georgia on written information and
interviews of a wide array of sources, including government officials, NGOs, lawyers and
victims themselves, as well as from on-site inspections of detention facilities. He expresses his
appreciation to the Government for providing the detailed information requested by him, as well
as additional updated material, by letters dated 23 March, 9 July and 15 August 2005.
2.
The visit to Georgia was his first mission since he was appointed Special Rapporteur
on 1 December 2004. The one-week visit to Georgia also covered the territories of Abkhazia
and South Ossetia, which are not under the Government’s control. According to the Special
Rapporteur, the main purposes of the visit were to assess the prevailing situation of torture and
other cruel, inhuman or degrading treatment or punishment, to promote preventive mechanisms
to eradicate torture and ill-treatment, and to begin a process of cooperation with the Government.
3.
The Special Rapporteur noted the enormous and rapid change the country was
experiencing following the “Rose Revolution” in late 2003, and credited those who assumed
leadership on the platform of human rights and democratic principles. He noted the commitment
and efforts the Government had undertaken to tackle corruption, uphold the rule of law, and
reform the law enforcement and criminal justice system, among other things. He acknowledged
the socio-economic challenges the country faced, as well as the ongoing conflicts on its territory.
Nevertheless, the Special Rapporteur also noted that credible and reliable allegations of torture
and ill-treatment continued to be received. Mindful of the scope and pace of these reforms, the
Special Rapporteur highlighted that they should be carried out in full respect of international
human rights law, in particular respect for the absolute prohibition of torture and cruel, inhuman
or degrading treatment or punishment.
4.
Over the course of his visit the Special Rapporteur met with President M. Saakashvili,
Ms. S. Zurabishvili, Minister for Foreign Affairs, Ms. N. Burjanadze, Chairperson of
Parliament, Ms. E. Tevdoradze, Chairperson of the Human Rights and Civil Integration
Committee of Parliament, Mr. K. Gabashvili, Chairperson of the Foreign Relations Committee
of Parliament, Ms. K. Makharashvili, a member of the Legal Committee of Parliament,
Ms. E. Tkeshelashvili, Deputy Minister of Justice, Mr. B. Bregadze, Deputy Minister of Internal
Affairs, Mr. K. Korkelia, Deputy Secretary of the National Security Council, Mr. Z. Adeishvili,
the General Prosecutor, and Mr. S. Subari, the Public Defender, among other officials.
5.
He also met with representatives of numerous non-governmental human rights
organizations (NGOs), including the American Bar Association (Central European and Eurasian
Law Initiative), Article 42 of the Constitution, Former Political Prisoners for Human Rights, the
Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims, the Georgian