COMMITTEE AGAINST TORTURE STARTS CONSIDERATION OF REPORT OF GEORGIA

CAT
26th session
1 May 2001
Morning





Georgia Making Efforts to Eliminate Ill-Treatment
and Torture, Delegation Says



The Committee against Torture this morning started its consideration of a second periodic report of Georgia by hearing a Government delegation say that the country was making efforts to eliminate ill-treatment and the practice of torture.

Introducing her country's report, Rusudan Beridze, Deputy Secretary of the National Security Council of Georgia on Human Rights Issues, recalled that in July 2000, a new criminal code had entered into force, and it dealt with the provisions provided for by the Convention. The act of torture was considered as a crime and was to be punished; the term "torture" as stipulated by the criminal code did not fully correspond to the meaning of the term as expressed in the Convention; and no indication was made to intimidation or coercion or extortion of information, as provided by the treaty. She said that efforts were being made to eliminate the practice of ill_treatment and torture.

Alexander M. Yakovlev, the Committee member who served as Rapporteur to the report of Georgia, said that the criminal code had been reformed to reflect the definition of torture as prescribed by the Convention; he said that terrorism, for example, could not be defined with the simple notion of killing one or two people; it was a destruction of the whole fabric of the society; and the definition should be seen in a wider sense and not in its narrower definition of killing one or two persons.

Other members of the Committee also raised a number of questions on such issues as mob attacks on religious minorities; the use of establishing scientific reports on death in custody; prevalence of domestic violence; ill-treatment of displaced women; and time-limit of pre-trial detention, among other things.


In addition to Ms. Beridze, the Georgian delegation was made up of Amiran Kavadze, Permanent Representative of Georgia to the United Nations Office at Geneva; Alexander Kavsadze, Minister Plenipotentiary at the Permanent Mission of Georgia in Geneva; and Revaz Kipiani, Chairman of the Sub-Committee on Rule of Law, Committee of the Parliament of Georgia on Legal Issues.

The delegation will return to the Committee at 3 p.m. on Wednesday, 2 May, to respond to the questions raised by the Committee Experts.

Georgia is among the 123 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and as such it is obligated to present periodic reports on its efforts to implement the provisions of the treaty.

Before adjourning its morning meeting, the Committee was briefed by two of its members who participated in the regional preparatory conferences in Dakar and Santiago de Chile on the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

When the Committee reconvenes at 3 p.m., it will meet with the deputy coordinator of the forthcoming World Conference against Racism.

Second Periodic Report of Georgia

The report (document CAT/C/48/Add.1) says that Georgia has taken many important steps to build a democratic society and the rule of law in the State. Legislation has been completely reviewed and made compatible with the provisions of the Constitution of Georgia and international obligations of the State and laws serve as a background for the implementation of large-scale socio_economic and political reforms. The suitable conditions for implementation of the Convention have been formed in the State.

The report notes that a serious contribution to the process of the advancement of reform was adoption of the new criminal and civil procedures codes, which confirms the priority of judicial means in the protection of victims. In November 1997, Georgia abolished capital punishment and it was commuted to imprisonment for life. Currently, six persons are sentenced to imprisonment for life. However, special places of detention for this category of convicts have not yet been arranged.

Public opinion is firmly against using torture in Georgia, the report says. The Constitution and legislation have outlawed the use of torture and it has been made a punishable offence. There are mechanisms and procedures for a citizens's complaint of the use of torture. The new institution of Public Defender exercised the functions on a wide scale and with more efficiency. The criminal procedure code guarantees compensation and rehabilitation for victims who suffered from any kind of illegal act committed by representatives of the State.

Further, the report says that on 1 January 1999, the total number of persons in penitentiaries was 8,200, and 2,200 persons were in pre-trial investigation. While serving terms during 1998, 85 prisoners died from tuberculosis, coronary diseases or cancer; and six committed suicide, among whom were four women. Last year, 767 prisoners were put in hospital because of tuberculosis infection, and while 517 recovered, 17 convicts died.

With regard to the situation in Abkhazia, the report says that the political authorities of the State and law enforcement institutions express serious concern about conditions in this territory -- a self-declared "republic". The data collected about the situation prove the permanent practice of mass and flagrant violations of human rights, conducted under orders issued by the separatist authorities. Some 5,738 peaceful citizens have been killed in Abkhazia since the beginning of the conflict, including 70 children and 706 women; 267,345 persons, mostly Georgians, were expelled from their homes. Specific steps to punish the offenders have been taken.


Introduction of Report

RUSUDAN BERIDZE, Deputy Secretary of the National Security Council of Georgia on Human Rights Issues, recalled that in July 2000, a new criminal code had entered into force, and it dealt with the provisions provided for by the Convention. The act of torture was considered as a crime and was to be punished. The term "torture" as stipulated by the criminal code did not fully correspond to the meaning of the term as expressed in the Convention. No indication was made to intimidation or coercion or extortion of information, as provided by the treaty. In that respect, the National Security Council had submitted to Parliament its proposals to amend duly the criminal code.

Ms. Beridze said that investigative bodies of the Ministry of Internal Affairs, the Ministry of State Security and the Procurator were obliged, during preliminary investigations, to obey the provisions of the criminal procedure code. In practice, any investigative action connected with the restriction of constitutional rights and freedoms was exercised under court and departmental control. According to the principles of justice, suspected persons under the custody of the authorities enjoyed, among other things, the right to give or not to give evidence; to demand free medical examination; and to receive full compensation of damage caused by illegal detention.

Training of law enforcement officials within the Ministry of Internal Affairs was being held to raise their professional skills, Ms. Beridze continued to say. In the course of the training of heads of the respective police departments, particular attention was paid to the human rights issues, especially in the sense of treatment of persons under detention.


Discussion

ALEXANDER M. YAKOVLEV, Rapporteur to the report of Georgia, said the State party had followed the guidelines set forth by the Committee in preparing the report. Georgia had made a series of legislative reforms in order to abide by the provisions of the Convention.

The most dramatic thing happening was the pre-trial detention in contravention of the Constitution. The arrest might come either from the Procurator general or other judicial authorities. The report had brought positive aspects in dealing with the existing problems. If the right of the detained person was violated by the authorities, it needed an immediate correction. When a complaint was made by an individual of his or her detention in which harm was done, an expert intervened to establish a report. If a person was arrested on the scene, it was important that the individual should be defended and the period of detention should be defined. The validity of evidence collected without the presence of a lawyer might be difficult ascertain.

The criminal code had been reformed to reflect the definition of torture as prescribed by the Convention. Terrorism, for example, could not be defined with the simple notion of killing one or two people; terrorism was a destruction of the whole fabric of the society. The definition should be seen in a wider sense and not in its narrower definition of killing one or two persons.

The Rapporteur said that the criminal procedure code had been amended in 1998. Further explanation was required on its functions. He asked the delegation if Georgia was ready to prosecute crimes committed elsewhere while the perpetrator was present physically in its territory. Cooperation between non-governmental organizations and the authorities had to continue.

ANDREAS MAVROMMATIS, Co-Rapporteur to the report of Georgia, said that the role of non-governmental organizations was important in verifying the situation in the country and to inform the Committee by presenting their own findings. Georgia had started it democratic path through constitutional and other legislative reforms. It had also implemented international instruments to which it was a party. However, there had been some information which indicated that some of the reforms had been deleted in recent years.

If the right to freedom of movement of a person was restricted, he or she was under arrest or detention. In addition, that person was a suspect and should be treated with due respect of the law, Mr. Mavrommatis noted. The time-limit to bring an individual to court should be respected. What provisions derogated the fundamental freedoms of citizens even during the time of state of emergency. Could the Government provide information concerning the situation of a territory it was not controlling at all, as in the case of Abkhazia?

What had been done to deal with the "prevalence of domestic violence" in the country, in which women were the main victims? Did the Government take action to tackle the problem? What steps had the Government taken against complaints of mob violence which involved a minority religion? What measures had the authorities taken to promote religious tolerance? Was there an inquest if a person died in detention? Did the authorities prepare forensic reports? Were the forensic doctors independent? Could a relative of the deceased bring his or her own forensic doctor to counter-prepare a report? How long was the period of isolated detention?

Other members of the Committee also raised questions. An Expert said forensic doctors were the ones who prepared reports for the courts. Were those doctors trained to prepare reports in cases of torture? What about the non-forensic medical doctors who had the knowledge to establish such reports, were they authorized to do that? The establishment of a document should not be limited to physical scares but also to trauma and mental scares. The report presented by Georgia had covered only the training of police, but how about the training of prison doctors? With regard to the prison system, did prisoners have outdoor exercises? Did they have mattress, beds or other essential materials? The delegation was asked to draw the attention of the Government to its voluntary contribution to the Voluntary Fund for Torture Victims.

Another Expert said that disciplinary sanctions against police officers had been reported. From 1996 to 2000, disciplinary measures had been taken against an estimated 5,000 police officers for cases of ill-treatment and brutalization. However, many of them were still in place despite the report that about 2,000 were dismissed from their jobs; no new recruits were coming in; the delegation was asked to clarify the situation. In addition, the law regulating defence lawyers had to be clear. Concerning the treatment of religious minorities, in Tblesi a mob had beaten
religious minorities, and police joined the mob in the beating. With regard to internally displaced persons, women had been allegedly tortured; what measures were taken to protect women and other vulnerable displaced groups from ill-treatment and torture.

An Expert said that article 91 of the Georgian Constitution had declared that "the prosecutor's office of Georgia is the institution of the judicial power which performs criminal prosecutions, supervises an inquiry and the execution of punishment and supports State prosecution". How far was the power of the prosecutor vis-a-vis the executive body? Was the officer an independent person? To which authority was recourse formulated? The report, in its paragraph 77, said that the procurator's rights were significantly restricted in favour of court power. Was there any contradiction in the Constitution in attributing rights to the courts and the prosecutor's office.

Who decided the legality of a detention after the expiration of a pre-trial detention, asked another Expert. Did the prosecutor have his own staff carry out investigations of the police force with regard to allegations of ill-treatment? Was there a difference between being interned for crimes or serious mental illness? Was the internment of mentally ill patients on a voluntary basis with agreement with the patients' relatives? Was the interment temporary or for a long period?

An Expert said that the delegation was frank and direct in exposing the deficiencies in the implementation of the Convention. The Government had made distinctions between pre-trial detention and arrest, and between accused persons and witnesses. During the pre-trial detention period of between 12 hours and 48 hours, the suspect had no access to legal representation. Because the Government had no resources to provide legal aid to persons under its custody, persons under such conditions did not enjoy legal assistance. The case of the mob attack against the Jehovah Witnesses was a case to be clarified by the delegation. The report had admitted that extortion of evidence through beating existed in the country.


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