The Prosecutor’s Office of Georgia conducted an effective investigation in accordance with the judgment of the European Court of Human Rights

2018-04-13 14:00:46
With the conducted investigation the Prosecutor’s office of Georgia detained the former Director of Penitentiary Facility N6 in Rustavi S.Kh., former Deputy Director L.B. and former head of legal regime division R.J. due to the accusation of the organization of an inhuman or degrading treatment of prisoners up to 2012.
On 20 October 2015, the European Court of Human Rights, on the case “ Gegenava and others against Georgia”, established that upon the 3rd Article of Convention (Prohibition of Torture) the state took the responsibility of conducting the effective investigation on the ground of the violation of the procedural part on the facts of improper treatment. The Committee of Ministers of the Council of Europe was providing supervision of enforcement of the judgment and on investigation process.   
The investigation established that on the period up to 2012, the inhuman treatment against the prisoners had systematic nature in the Penitentiary Facility N6 in Rustavi. Specifically, in the period of the August-September 2006, the director of the facility, his deputy and the head of the Legal Regime Division, with complete ignorance of the provisions of the Prison Regime, developed their own rules of treatment with the convicts for their punishment for the aim of intimidation and uncomplaining obedience. With the accused ones' actions, the prisoners were deprived of the personal hygiene items granted by the law, the bed linen, and forced to stay nude and then they remained in a punishment cell in unbearable conditions despite low temperatures for many days. This type of inhuman treatment had the systemic character in the Penitentiary Facility No. 6 in Rustavi and was used without purpose to punish and intimidate prisoners.
On November 20, 2017, according to carried work done by The Prosecutor’s Office the three former employees of the Department of Legal Regime of the Penitentiary Facility No. 6 have been charged, who under the guidance of accused ones were organizing the humiliating and inhuman treatment against prisoners. All the three persons have recognized the crime and cooperated with the investigation, at this stage the case of their prosecution is substantially heard in the Tbilisi City Court. As for the detained persons, they have already been charged and the investigative body has addressed the court with the request to imprison them as a preventive measure.   
Investigation continues under the subparagraphs “a”, “b”, “d”, “e” and “g” of the paragraph 2nd of the Article 1443  of Criminal Code of Georgia (by an official or a person holding equivalent position, by abusing the official position,  against two or more persons,  by more than one person, knowingly by the offender against a person detained or otherwise deprived of freedom, a helpless person or a person dependent on the offender materially or otherwise), which stipulates that the length and the size of sentence is from 4 to 6 years of imprisonment. 
Currently, the Prosecutor's Office of Georgia investigates 27 criminal cases based on the judgment of the European Court of Human Rights. All of these crimes were committed during the year of 2012. As a result of the conducted investigations, during the years 2017-2018, criminal prosecution was begun against 13 persons in 5 different criminal cases. In addition, investigative and procedural actions are taken for all cases and provided in the intensive mode, after which the Prosecutor's Office will provide the public with comprehensive information.