Georgia
08.06.04
Urgent Interventions

Georgia: arbitrary arrest, detention and torture of two men, Mr. Lobzhanidze and Mr. Kurtanidze

Case GEO 070604
Arbitrary arrest and detention / Torture / Risk of torture

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Georgia.

Brief description of the situation

The International Secretariat of OMCT has been informed by a Human Rights Information and Documentation Centre, a member of the OMCT network, of the arbitrary arrest, detention and torture of two men, Mr. Lobzhanidze and Mr. Kurtanidze, in Georgia.

According to the information received, on April 22nd, 2004 Mr. Gia Lobzhanidze, Mr. Valeri Kurtanidze and a friend were attacked by five or six armed men in Tbilisi, at the entrance of the 5th block of Digomi district, who beat them and took them to the Police Department of the Didube-Chugureti region. The policemen reportedly assaulted them by kicking them and beating them with the butts of their hand-guns. These officials claimed that this operation was carried out on the basis of some information that they had received. The men were detained and then ordered to confess to the robbery of a flat in the block of apartments where they had been arrested. When they refused, Mr. Lobzhanidze and Mr. Kurtanidze were taken to the City Main Office of Internal Affairs, where they were subjected to further torture using electric wires. At present Mr. Lobzhanidze and Mr. Kurtanidze are serving three months of pre-detention in Prison No. 5.

The robbery which Messrs Lobzhanidze and Kurtanidze were accused of having committed reportedly took place in block five of Digomi district. According to Mr Lobzhanidze’s lawyer, the detainees were not found to have stolen anything and they were not in possession of a weapon. The suspects pleaded not-guilty, after which they were reportedly tortured, initially in the Didube-Chugureti region police station and subsequently in the City Main Office of Internal Affairs.

According to the lawyer for the accused, two electric wires were simultaneously connected to the toes of both feet, which had been drenched with water. Mr Lobzhanidze said that he felt his whole body tremble and then shrink. His ears were also connected with wires during which he felt his sight grow dim and distorted. After he lost consciousness he was revived by the policemen using spirits. Following this, he was forced to write a confession using his right hand which provided further difficulties for Mr. Lobzhanidze, who is left-handed.

As a result of the pain endured during the torture, he reportedly bit through his tongue and could not move it, speak properly or eat for the next five days. In addition, he was provided with no medical care after having been taken to prison. His lawyer, Mr Zurab Rostiashvili, reports that Mr Lobzhanidze was unable to give evidence in his defence because he could not speak, and was only able to provide explanations to his counsel through gestures and sounds from his closed mouth.

The conclusion made by the court medical expert, Ms Maia Nikoleishvili, who examined the victim for evidence of torture on 27 April 2004 at the request of the lawyer, disclosed that all the injuries to the body of Mr Lobzhanidze must have been inflicted in the circumstances that the detainee himself described. The report further indicated that Mr. Lobzhanidze and Mr. Kurtanidze had been injured by the brunt of a solid and blunt object. In addition, the trace of an electric wire was also detected near Mr Kurtanidze’s ear. The victims are reportedly afraid of being subjected to further abuse while in detention.

The International Secretariat of OMCT is gravely concerned by the alleged arbitrary arrest, detention and torture of Mr. Lobzhanidze and Mr. Kurtanidze by members of the Didube-Chugureti Police Department. OMCT calls on the Georgian authorities to guarantee Mr. Lobzhanidze and Mr. Kurtanidze’s physical and psychological integrity at all times, to order their immediate release in the absence of valid legal charges, and to guarantee that they receive adequate reparation. OMCT also calls for an immediate, impartial and thorough investigation to be launched in order to identify those responsible for the afore-mentioned violations, in order to bring them to justice.

Action requested

Please write to the authorities in Georgia urging them to:

i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Gia Lobzhanidze and Mr. Valeri Kurtanidze;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee that adequate reparation is provided to the victims;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· President Mikhael SAAKASHVILI, 7 Ingorokhva Street. 380034 Tbilisi, Georgia, Fax: (+995 32) 99 96 30 / 99 08 79 / 98 23 54
· Prime Minister Zurab ZHVANIA, 7 Ingorokhva Street. 380034 Tbilisi, Georgia, Fax: (+995 32) 997096
· National Security Council of Georgia, Secretary Gela BEZHUASHVILI, 7 Ingorokhva Street. 380034 Tbilisi, Georgia, Fax: (+995 32) 98 99 72, E-mail: snsc@gol.ge
· Minister of the Interior, Mr. Irakli OKRUASHVILI, The Interior Ministry of Georgia, 10 Gulua Street. 380014 Tbilisi, Georgia, Fax: (+995 32) 99-92-80; 98 71 46 ; 99 95 24; E-mail: miapress@gol.ge
· Minister of State Security, Vano MERABISHVILI, State Security Ministry of Georgia, 4 April 9 Street. 380008 Tbilisi, Georgia, Fax: (+995 32) 99-57-84; 93 27 91
· Ms. Elene TEVDORADZE, Head of the Parliamentary Committee on Human Rights Petitions and Relations with the Civil Society, Parliament of Georgia. 8 Rustaveli Avenue. 380018 Tbilisi, Georgia, Fax: (+995 32) 92 15 63 ; 92 33 50
· Minister of Justice Mr. Gia PAPUASHVILI, 19, Griboedov st, Tbilisi, 380008, Georgia, Fax: (+995 32) 93 02 25
· Mr. Lado CHANTURIA, Chairman, Supreme Court of Georgia, 32, Zubalashvili St. Tbilisi, 380010, Tbilisi, Fax: (+995 32) 99-01-64, E-mail: reception@supremecourt.ge
· Mr. Teimuraz LOMSADZE, Acting Public Defender of Georgia, 11, Machabeli street, 380007, Tbilisi, Georgia, Fax: (+ 99532) 922470, (+ 99532) 92 24 78, E-mail: pdo_nadm@gol.ge
· General Prosecutor of Georgia, Mr Zurab ADEISHVILI, General Prosecutor of Georgia
· 24 Gorgasali st, 380014, Tbilisi, Georgia
· Mr. Valeri KHABURZANIA, Deputy General Prosecutor, Fax: (+995 32) 98 21 70

Please also write to the embassies of Georgia in your respective country.

Geneva, June 7, 2004

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.