Special Report on Practical Analysis of Classification of Ill-treatment under General and Special Articles

The Public Defender of Georgia conducted a study of practical analysis of classification of cases of ill-treatment under general and special articles, within the framework of which, 131 rulings issued by the courts in 68 criminal cases in 2013-2019 were studied.

The purpose of the study was to determine the causes of the problems identified, including in terms of the legislative definition of the norms criminalizing ill-treatment. Accordingly, the study covers gaps both in legislation and practice. In addition, the special report examines the proportionality and enforceability of punishments for ill-treatment in the context of the use of plea bargains, amnesties and pardons.

This special report made it possible to identify legislative gaps, analyze shortcomings in practice and develop recommendations for their elimination. In addition, this report will make it possible to generalize the correct legal evaluations and definitions made by the common courts and to prepare guidelines and recommendations for the investigative bodies.

The study revealed the cases of classification of ill-treatment by officials under general norms pertaining to crimes committed by officials. This practice is caused by a legal gap; In particular, the actions provided for by subparagraphs "b" and "c" of parts 3 of Articles 332-333 of the Civil Code, which pertain to the abuse of authority by an official by violence, use of weapons or insulting dignity, are included in the legislative definition provided for in special articles of ill-treatment (1441-1443) of the Civil Code of Georgia.

Accordingly, in the context of the positive obligation of the State, in order to ensure the preventive effect of ill-treatment, the legislation must clearly, without ambiguity, comprehensively criminalize ill-treatment only with special norms (Articles 1441-1443 of the Civil Code) and exclude the possibility of classifying these crimes under other articles in practice.

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