It must be underscored that ill-treatment and its poor investigation is a systemic problem in the Georgian penitentiary system, which has been discussed by the Public Defender of Georgia as well as nongovernmental organizations for years. The spread video is just one example of the systemic problem which exists in the penitentiary department. Consequently, these facts cannot be discussed as separate cases of torture which could be organized by concrete individuals.

Problem of inhuman treatment exists not only in penitentiary system but in the Ministry of Internal Affairs; the facts of violence with regard to significant political events like May 26, 2011, June 15, 2009 and November 7, 2007 demonstrate the similar problems in the MIA system.

Although number of inhuman treatment facts was revealed, no perpetrators were exposed and punished for the crimes. Investigative bodies are loyal about similar facts, they reinforce syndrome of impudence and encourage the criminals. Facts of inhuman treatment in Ksani Priosn # 15 have not been investigated yet; these facts occurred during long time and 700 inmates of the Ksani prison complained about it in their joint petition. Torture cases of the clients of the Georgian Young Lawyers’ Association and other organizations, as well as cases mentioned in the Public Defender’s reports have not been investigated yet. This is short list of similar facts and demonstrates ineffective investigation of ill-treatment facts.

Bearing the abovementioned circumstances, the state shall immediately take concrete measures to eradicate the systemic problem.

1) due to extreme inactivity and existing mistrust towards investigative bodies including MIA, Ministry of Corrections and Legal Aid and Chief Prosecutor’s Office impartial, independent and effective investigation must be launched. For that purpose, concrete mechanism must be created. The investigation shall be conducted with high sense of accountability and publicity.

2) to ensure security and protection of the persons, who made the torture facts and video materials public as well as of their family members

3) besides the people seen on the videos, criminal liability of high-ranking officials including Chairman of the Penitentiary Department, Minister, Chief Prosecutor and other persons shall be raised because similar systemic and massive violation of human rights could not take place without their involvement.

4) Political responsibility of the Minister of Justice, Minister of Interior, Chief Prosecutor and leaders of the prosecutor’s office and penitentiary ministry shall be raised.

5) to carry out independent, impartial and effective investigation of every fact of inhuman treatment;

6) we call upon international human rights organizations and diplomatic missions, Public Defender of Georgia to permanently monitor the ongoing investigation of these facts.

Georgian Young Lawyers’ Association (GYLA)

International Society for Fair Elections and Democracy (ISFED)

Transparency International – Georgia (TI)

Article 42 of the Constitution

Public Attorney

Penal Reform International

Youth for Justice

Open Society – Georgia Foundation

Association “Green Alternative”

Georgian Journalistic Ethic Charter

Human Rights Center

Coalition for Freedom of Choice

Association of Georgian Young Constitutionalists