Court of Appeals Fully Upheld the Judgement of Conviction against Former Officers of Department of Corrections for Torturing and Treating Prisoners in Degrading and Inhuman Manner

2019-03-22 15:44:34
Tbilisi Court of Appeals fully upheld the judgement of conviction by Tbilisi City Court dated February 6, 2018, according to which, seven former offices of No. 8 Facility of the Department of Corrections were found guilty of torture, degrading and inhuman treatment of prisoners in 2011-2012. 
Based on the evidence produced by the state prosecution and on the court judgement, it was established that, in 2011-2012, when being employed at No. 8 Facility of the Department of Corrections, O.P., N.M., M.Gh., Z.Kh., V.G., D.Ch., and D.N. degraded inmates and committed inhuman, humiliating and lowering acts against prisoners with the aim of their intimidation and unconditional obedience.
As a result of the actions committed by the convicts, rights to walking, phone calls and correspondence of prisoners were restricted. They also did not have access to medical services. In addition, they restricted their sleeping and resting hours. Moreover, the prisoners were forced to agree to secret cooperation with the administration of the penitentiary.
It was also found that the convicts in this case often took prisoners arbitrarily out of their cells and placed them in the bathroom in the building of the Facility, where they were subjected to physical abuse with bludgeons and various other objects.
In addition, the evidence examined during the trial proved that O.P. and M.Gh. tortured one of the prisoners of No. 8 Penitentiary Facility, who, due to the type, intensity and duration of the violent acts, anguished physically, and endured psychological and moral suffering.
By the judgement of conviction of the Court, O.P. was found guilty under subsections “a”, “b”, “e” and “g” (torture) Article 1441§2 of the Criminal Code of Georgia and was sentenced to 10 years of imprisonment, and for the crimes under subsections “a”, “b”, “d”, “e” and “g” (degrading and inhuman treatment) Article 1443§2, O.P. was sentenced to 5 years of imprisonment. Based on the cumulative crimes and the Law of Georgia on Amnesty, O.P. was sentenced to 7 years and 6 months of imprisonment. O.P. was also banned from taking a public office for 3 years and 9 months. Notably, O.P. is convicted in another criminal case and is sentenced to 9 years of imprisonment. Therefore, based on cumulative punishments, O.P. was ultimately sentenced to 9 years of imprisonment.
M.Gh. was found guilty under subsections “a”, “b”, “e” and “g” (torture) Article 1441§2 of the Criminal Code of Georgia and was sentenced to 9 years of imprisonment, and for the crimes under subsections “a”, “b”, “d”, “e” and “g” (degrading and inhuman treatment) of Article 1443§2, M.Gh. was sentenced to 4 years of imprisonment. Based on the cumulative crimes and the Law of Georgia on Amnesty, M.Gh. was finally sentenced to 6 years and 9 months of imprisonment. M.Gh. was also banned from taking a public office for 2 years.
Under the same court decision, N.M., Z.Kh., V.G., D.Ch., and D.N. were found guilty under subsections “a”, “b”, “d”, “e” and “g” (degrading and inhuman treatment) of Article 1443§2 of the Criminal Code of Georgia and were sentenced to 4 years and 4 months of imprisonment. Based on the Law of Georgia on Amnesty, they were finally sentenced to 3 years and 3 months of imprisonment. They were also banned from taking a public office for 2 years.