Special Report on Practical Analysis of Classification of Cases under General and Special Articles of Ill-Treatment
On October 17, 2023, the Public Defender of Georgia presented a special report titled “Practical Analysis of Classification of Cases under General and Special Articles of Ill-Treatment”. The event was attended by representatives of the Parliament of Georgia, Prosecutor General’s Office, Special Investigation Service, international and non-governmental sector.
The report is based on a study of practical analysis of classification of cases under general and special articles of ill-treatment, within the framework of which, 131 judgements delivered by courts in 68 criminal cases in 2013-2019 were studied.
The special report identifies legislative gaps and shortcomings in practice, including the issues of the use of plea bargain, amnesties and pardons in relation to the proportionality and enforcement of punishments for ill-treatment; The report also offers recommendations for the elimination of the problems identified.
The findings of the report will contribute to the generalization of correct legal evaluations and interpretations by common courts and to the development of guiding recommendations for the investigative bodies.
Levan Ioseliani spoke about the specific cases of classification of ill-treatment committed by officials with general norms and noted that in the context of the State's positive obligation, the legislation should clearly, unambiguously and comprehensively criminalize ill-treatment only on the basis of special norms (Articles 1441-1443 of the Civil Code) and exclude the possibility of classification of such crimes on the basis of other articles in practice.