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Proposal to the Chief Prosecutor of Georgia

The Public Defender of Georgia issued a proposal to the Chief Prosecutor of Georgia, Giorgi Badashvili, to conduct an urgent investigation into the alleged facts of ill-treatment against the prisoners in N8 Penitentiary Institution.

* On April 5, 2014, the representatives of the Public Defender met with prisoner G.O. in the N7 Penitentiary Establishment, who had been newly transferred from the N8 Penitentiary Institution. The prisoner claims that, before the transfer, he was taken by the prison staff in the quarantine, with his cellmate, where in the corridor they were met by the prison administration officials. According to G.O.’s statement, above mentioned officials had handcuffed them, pushed them down and physically assaulted. According to the convict, the prison officials kicked him for five minutes.

During visual examination of G.O. several injuries were revealed on his body.

* On April 14, 2014, the representatives of the Public Defender of Georgia met with prisoner G.K. in the N8 Penitentiary Institution. The prisoner claims that on 12th of April he was taken in the quarantine, where he felt unwell and asked for a doctor’s visit. In response to his claims, he was taken in an empty cell, where he was verbally and physically assaulted for several munities by approximately fifteen prison administration staff. After this, he was taken in one of the duty rooms, stripped naked and threatened with rape. Later G.K was placed in a punishment cell (So-called “Solitary Cell”) where they lay him down facing the floor, tied his hands and feet behind his back with the chains coupled to each other, and physically and verbally assaulted him. The convict states that after aforementioned ill-treatment he lost consciousness.

During a visual examination of the G.K. various injuries were revealed on his body.

On April 14, 2014, the representatives of Public Defender also met with the prisoner J.D. in the N8 Penitentiary Institution.

According to the prisoner, he was moved to the quarantine a few days earlier, where one of the prison staff met him and requested to sine uncertain papers. J.D. states that he requested the documents due to eye problems so that he could familiarize with its content through the cellmates assistance. Because of this request, one of the employees of the institution took him outside the cell, beat him on the left side with fists, verbally assaulted and when the convict fell he spat on him. According to the convict, approximately 15-20 employees continued his beating. After that he was placed in a punishment cell (So-called “Solitary Cell”) having his hands and feet tied behind his back and left lying down on his face all night. The employees of the Institution periodically were visiting the punishment cell, where they verbally and physically assaulted him. Herewith, they did not untie his hands and give an opportunity to use a toilet. In the morning, he was taken into the one of the quarantine cells, where he was again physically abused and threatened with physical assault. Because of the latter he got several self-injuries.

The Public Defender considers that it is necessary to set and conduct a prompt forensic medical examination in order to identify a degree of physical injuries revealed on prisoners, also its nature, remoteness, origin and development.

Investigation of the facts of ill-treatment must be conducted immediately upon receiving complaint/notification, so that those responsible are brought to justice. Investigation should be conducted promptly, efficiently and impartially.

Protection of human life and health is one of the fundamental basis of the democratic society. According to Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

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