The Presentation of the Legal Estimation of the “Practical Analysis and Preventive Recommedations on Past Torture and Inhuman Treatment

The report reads: “The State shall investigate the past inhuman treatment facts taking place prior to 2012 Elections to prevent political revenge. The state shall undertake all necessary measures within authority to provide the victims of the offenses with effective protection in line with the paragraph 3, Article 2 of the Convention”.

The Human Rights and Civil Integration Committee, based on the hereof recommendations, set up the working group to develop the legal estimation of past torture and inhuman treatment facts (2004-2012). The legal document was been publicly represented in Hualing Hotel, attended by the Prime Minister, the Speaker, the Chair of the Supreme Court, legislative and executive authorities, Public Defender and the diplomatic corps.

The Prime Minister, the Speaker and the Senior Advisor to the UN Human Rights Office of High Commissioner delivered the welcome speeches.

As the Speaker stated, torture has not justification with any arguments, including the state of war, the threat of war, domestic political instability and other emergencies.

“No such severe standard is established for any actions. The most supreme granted to the humankind by the God, even life can be lawfully deprived and we know it. But torture cannot be justified with any argument, any circumstances because when a person deliberately wants another to suffer physical pain to achieve one’s goals, thus, he/she loses a human face. It is a very important, very fundamental value, serving the basis for the modern world”.

The Speaker elucidated that in 2004-2012, the society witnessed the system problem in this sphere and the resuming report by the Human Rights Committee working group reflects torture and inhuman treatment in this period. “I have already been asked today: why 2004-2012? Because unfortunately, we witnessed the gravest events in this sphere, which were called the system problem on all the levels. It entailed implementation of respective emergency measures in the Parliament. The Human Rights Committee set up the working group and we will see the results of their work. But why we will see it? Because we are better than our political opponents? Of course not! We will see because similar facts shall never take place in Georgia again as any punishment, any estimation is of this very purpose”.

It is impossible to regain what people lose due to torture. Though, we can prevent such facts in the future. As the Speaker noted, according to the world experience, we shall hold uninterrupted fight against human torture and when offense is committed, we shall be intolerable. “There may be someone, unhealthy persons committing similar offense but we shall intolerable and as the UN Convention provides, we cannot find any justification under any circumstances”.

The Speaker resumed: “I believe that at our meeting today, at our event being held under the aegis of the Parliament with participation of the representatives of all Governmental branches, executive authority, law-enforcement agencies, we will be attentive to hear the report and those, to whom it concerns, will do their best to punish the offenders and to create the respective guarantees – legislative guarantees, moral guarantees, institutional guarantees to provide that such surveys and conclusions will never be necessary again”.

The PM, Giorgi Kvirikashvili thanked the Parliament, the Human Rights Committee and the working group for development of this document based on the UN Human Rights Office conclusions and recommendations. It was not only demand of Georgian society. 

“Our aim is to live in the country without executioners and victims. We shall not only call the events their names but we shall make their legal estimation, analysis and fact finding. Today, we heard the conclusion and one glance is enough to see the whole terrible picture. Despite that seemingly we knew everything, still it appeared hard for us to imagine that these terrible facts took place in our country, so close to us – merciless and inhuman treatment, blackmail and humiliation, deprivation of dignity and property, murders. And we witnessed it in our country, the Government of which officially used to declare the European course. The conclusion provides argumented appalling facts, giving more systematic impression of what was going on in our country. The scales were appalling and the offenses were systematic we knew it on the basis of the reports of international human rights organizations. We witness thousands of cases for which many are under prosecution, under trial. There are the cases still under investigation. I am sure that the offenders will be punished”.

The Government many times declared and proved that the aim is achievement of social agreement as today, Georgia holds building of democratic, European, civilized state. “We had to make immense efforts to prevent civil confrontation and revenge. Moreover, today we often hear from the creators of this merciless system groundless and insulting accusations towards our Government. And despite of these filthy accusations, they well know that even due the most radical estimation today, the state mechanism will not be directed against them and they will not become the victims of blackmail and revenge. And it is the achievement of our Government and our people. This is the featured method of our Government”.

The Senior Advisor to UN High Commissioner to South Caucasus, Vladimir Shkolnikov addressed the attendees and stated that attendance of high rank officials of Georgian Government speaks of their interest and commitment for elimination of torture and inhuman treatment.

The Chair of Human Rights Committee, Eka Beselia held the presentation of legal estimation. 

According to the decision of February 10, 2015, the working group was set up composed of MPs, representatives of the Prosecutor’s Office, MIA, Ministry of Corrections, Public Defender Office aiming at analysis of torture and inhuman treatment facts in temporary isolators, administrative prisons and detention areas till 2012. The working group, after systematization of more than 6000 applications, outlined only those providing concrete information about torture and inhuman treatment. The studied material revealed that more than 400 applications provided concrete facts. In more than 340 applications, the reporters noted to become the victim of torture and inhuman treatment. Taking the estimations and recommendations of international and special reporters, the working group has developed the document reflecting not only system offense facts and their systematization but also developed the preventive recommendations.

E. Beselia spoke about the recommendations and noted that the working group took the recommendations by the special rapporteur into account. The part of the recommendations concern legislative changes initiated in the Parliament this week. The changes are to be adopted to the Criminal Code, namely concerning annulment of status of limitation of the article on torture. The legal estimations developed will be submitted to the Parliament and the Prosecutor’s Office.

The representative of UN Human Rights Office of High Commissioner to Georgia, Besarion Bokhashvili introduced the report. He spoke about recommendations of international and national supervision agencies on prohibition of torture and other severe treatment and emphasized preventive measures and legislative changes.

The presentation was organized by the Human Rights and Civil Integration Committee and UN Human Rights Office of High Commissioner.