National Preventive Mechanism
the monitoring process particular attention was paid to the treatment of detained persons/ inmates in each and every
establishment.
ILL-TREATMENT AT PENITENTIARY ESTABLISHMENTS
A planned monitoring is conducted by the Special Preventive Group twice annually. During the monitoring conducted
in summer of 2012 a series of problematic issues were revealed, including systematic character of ill-treatment that was
constantly stressed by the Special Preventive Group of Public Defender in both parliamentary and special reports in
previous years. Unfortunately, for years the Georgian Government had been failing to take appropriate and adequate
measures to eradicate the aforementioned problems, moreover, complete ignorance of systematic violations identified
by Public Defender became a tendency. As a result we have got what was so frequently discussed in the reports of Public
Defender – spread of syndrome of impunity – violation of prisoners’ rights, exercising physical and psychological
pressure on them. And unfortunately the practice has turned into routine and systematic one.
The above mentioned was evidenced by so-called “prison videos” aired by the media on September 18, 2012 depicting
the facts of torture, inhuman and degrading treatment of prisoners.
Starting from September till the end of the year of 2012 several hundred applications and complaints were lodged
with Public Defender’s Office by prison inmates, alleging ill-treatment inflicted by prison administration of various
penitentiary establishments. All those complaints were forwarded to Chief Prosecutor’s Office of Georgia for relevant
reaction. According to an answer from the Chief Prosecutor’s Office an investigation has been launched in respect of
every statement.
Penitentiary establishment No 1
Despite the fact that Public Defender’s Office very rarely received statements regarding ill-treatment from this
establishment, following September, 2012 part of convicts noted that such facts though infrequently but sometimes
still occurred in establishment No 1. Public Defender has constantly stressed that placement of a defendant in the said
establishment, due to conditions there, could fairly be described as amounting to inhuman and degrading treatment.
Case of Archil Gh.
On February 28th, 2012 a representative of Public Defender met and interviewed the convict Archil Gh. placed in
establishment No 1. In an explanatory note that the convict presented to Public Defender representative, he talked
about facts of beating and pressure exercised against him by administration personnel of the establishment. According
to the inmate, prison staff asked him to shave off his beard. And as this demand was not fulfilled, on February 27th,
2012 the personnel of the N1 establishment assaulted him physically as well as verbally.
During the visit of the representative of Public Defender a bruise in the inmate’s left eye area was observed. He also
had headaches and pains in the chest area.
On February 29th, 2012 Public Defender applied to the Chief Prosecutor’s Office to start preliminary investigation on
the abovementioned fact.
On March 5th, 2012 Public Defender’s representative met again and interviewed the convict who stated that his rights
were not infringed and denied circumstances indicated in his previous explanatory note. Furthermore, on March 9th,
2012 statement of Archil. Gh. was received by Public Defender’s Office, indicating that the explanations provided by
him to Public Defender representative did not match the truth.
www.ombudsman.ge
NPM Report