Torture in Georgian prisons was systematic until 2012 - European Court of Human Rights

ECHR decision on Georgia

On February 16, 2023, the European Court of Human Rights (ECHR) published a decision in the Ochigava v. Georgia case, in which abuse and torture of prisoners in Georgian penitentiary institutions until 2012 are said to have been “a systematic problem and a characteristic of the entire system,” as stated in a released by the Ministry of Justice of Georgia.

According to the ministry, the European Court’s opinion is based on information provided to the court by the applicant Akaki Ochigava, as well as on reports and documents published after investigation by the public defender and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

The ECHR decision states that the torture of prisoners in Georgian prisons was carried out systematically, including in the following forms: forcibly beating newly incarcerated prisoners, systematic beatings of prisoners several times a week, prolonged solitary confinement in degrading conditions.

“A metal bed was folded and secured to the wall with a padlock. The facility staff opened the bed and allowed the applicant to use it only between 10 pm and 8 am; The prisoners also had to stand at all times if several prisoners were placed in the cell at the same time; food intake and use of the toilet were limited; visits with family members were constantly limited; conversation between the prisoners was allowed only in a whisper,” the court’s conclusion describes.

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The ruling also states that the purpose of such abuse was to force the prisoners to obey and cooperate with the prison administration. The complainant Akaki Ochigava experienced these forms of torture:

“In November 2011 he was beaten with extreme cruelty, as a result of which he lost the ability to walk. In response to the complaint, the investigator advised him to state that he had been injured when he fell out of bed. The applicant refused, after which prison staff broke his fingers with a baseball bat. The applicant was not provided with proper medical care. In another incident, prison officers undressed him in the shower room, doused him with cold water and severely beat him with clubs. On another occasion he was beaten and lost consciousness, and when he came to, found himself handcuffed to a pipe in the prison morgue, among corpses.”

The applicant has been on disability since March 28, 2014. The Court found that the applicant was subjected to torture in Gldani prison and that this characteristic of the entire system at the time.

According to the court’s clarification, victims of abuse did not report cases of torture to family members and “this was partly due to the lack of hope for improvement in the situation, the fear of further punishment” and the ineffectiveness of protective mechanisms.

“The court awarded the applicant compensation for non-pecuniary damage in the amount of 20,000 euros,” the Ministry of Justice said in its statement.