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impartially investigated, that perpetrators under the jurisdiction of the State party,
including, in particular, persons in positions of command, are prosecuted and
sanctioned in a manner commensurate with the gravity of the acts committed, and
that victims are provided with effective remedies, including compensation.
11.
The Committee, while acknowledging the challenges faced by the State party in
providing victims with remedies, is concerned about the tens of thousands of complaints
lodged with the Prosecutor’s Office in relation to violations committed before the 2012
elections, including unfair trial, torture and ill-treatment and illegal expropriation. At the
same time the Committee, while acknowledging the need to uphold the rule of law and
fight corruption, to provide victims of human rights abuses with an effective remedy and to
avoid impunity for perpetrators of human rights violations and corruption, is concerned that
the number of investigations and criminal charges brought against high ranking politicians
belonging to the previous government and to the present political opposition might create
the appearance that the legal system is being used for political retribution purposes (arts. 2,
7, 9, 14 and 17).
The State party should pursue the investigation into past abuses while, given that such
violations were committed before the 2012 elections, avoiding the appearance of
political retribution. Still, it should do everything in its power to provide victims of
violations with effective remedies in accordance with article 2, paragraph 3, of the
Covenant.
12.
The Committee is concerned that some investigations are still pending, namely
those: (a) into the excessive use of force by law enforcement and/or prison officers during
the March 2006 disturbance at Tbilisi Prison No. 5; (b) into the ill-treatment of prisoners at
Gldani Prison in Tbilisi, Ksani Prison No. 15, Kutaisi Prison No. 2, Rustavi Prison No. 6
and Zugdidi Prison No. 4; and (c) into the violent dispersal of peaceful demonstrations on 7
November 2007, 15 June 2009 and 3 January 2011 and the incidents in Mereti (26 June
2012) and Karaleti (12 July 2012), during which journalists were physically and verbally
assaulted. It is also concerned that allegations of torture and inhuman or degrading
treatment are often investigated under article 333 of the Criminal Code (exceeding official
authority) instead of articles 1441 (torture), and 1443 (inhuman or degrading treatment) of
the Criminal Code (arts. 2, 6, 7, 9, 10 and 14).
The State party should pursue its plans to establish an independent and impartial
body to investigate allegations of abuse by police and other law enforcement officers,
including torture and inhuman or degrading treatment. It should complete
investigations into such cases without any undue delay, prosecute perpetrators and, if
they are convicted, impose sanctions commensurate with the gravity of their acts, and
provide victims with effective remedies. It should ensure that cases of torture and illtreatment are prosecuted under the relevant articles of the Criminal Code and desist
from classifying such crimes under provisions that provide for lesser penalties. The
State party should also train specialists in psychological rehabilitation of victims of
torture.
Administrative detention
13.
The Committee is concerned that the current system of administrative detention
provides for a maximum term of imprisonment for administrative offences of 90 days, that
it does not guarantee sufficient due process rights for administrative detainees, including
the principle of equality of arms, and that detainees are being held in temporary detention
facilities managed by the Ministry of Internal Affairs. The Committee notes that
amendments to relevant legislative provisions aimed at correcting, these and other
shortcomings, have been introduced recently in Parliament (arts. 2, 7, 9, 10 and 14).
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