Recommendations

The Acting Public Defender addresses the Chief Prosecutor with a recommendation

On October 5, 2012, the Acting Public Defender of Georgia addressed the Chief Prosecutor of Georgia with a recommendation to launch an investigation into the fact of inflicting bodily injuries on convicts A.Sh. and K.K. The Acting Public Defender also demanded conducting a timely medical forensic examination to ascertain the severity and age of the injuries on the convicts’ bodies and requesting a record that reflects the movement of convicts from the time they were admitted to Establishment No. 6 to the moment they were transferred to a medical establishment of the civilian sector. On October 3, 2012, convicts A.Sh. And K.K. were transferred from the Rustavi Establishment No. 6 to JSC Academician O. Gudushauri National Medical Center with severe injuries in the head area. On October 4, in JSC Academician O. Gudushauri National Medical Center, convict A.Sh. was operated on due to multiple fracture of facial bones and he was transferred to the clinic’s intensive therapy unit, due to which our representatives were not able to talk with him.

According to the October 3, 2012 entry in the log of injuries of Establishment No. 6, A.Sh. bore “an injury in the occiput area with uneven edges with the size of 4X1 cm, excoriations on the outer surface in the area of the right forearm, a wound in the area of the upper lip with uneven edges with the size of 1X0.3 cm, bruises in the area of both eye sockets, excoriations in the area of the right cheek, a hematoma in the area of the right temple with the size of 2X2X1 cm.”

According to the October 3, 2012 entry of the emergency unit of JSC Academician O. Gudushauri National Medical Center, which was made at 23:30, the patient’s preliminary diagnosis is as follows: “Paraorbital underskin hematoma, avulsion of teeth, fracture of the right cheek bone, fracture of the left nasal bones.” According to the same entry, “According to the patient, he sustained the said trauma as a result of beating. He also notes that he fell down. He names both causes.”

As for convict K.K., he was transferred to Medical Establishment No. 18 after examinations were conducted in Gudushauri clinic. According to Form NIV-100/A-S issued by JSC Academician O. Gudushauri National Medical Center on October 4, K.K. was diagnosed with “closed trauma of the skull, concussion of the brain, bruise of the soft facial tissues, superficial trauma of the upper lip, avulsion of the 12th tooth.

According to the October 3 entry in the log of injuries of the Rustavi Establishment No. 6, K.K. bore “excoriations and bruises in the areas of the right forearm and the left arm; a bruise in the nose area; a bruise in the area of the upper lip; bruises in the areas of the forehead, right cheek, and left eye socket; an underskin hematoma in the area of the right temple with the size of 3X3X1 cm.”

On October 4, 2012, employee of the Department of Prevention and Monitoring of the Public Defender’s Office visited convict K.K. in Medical Establishment No. 18. At the time of the visit, the convict bore the following injuries: multiple swellings and bruises in the facial area, specifically, swellings in the area of both eye sockets, a bruise in the area of the left eye socket, a bruise, several excoriations, and hyperemia in the area of the right eye socket – on the upper eye lid, nose – swollen and hyperemic, bruises in the areas of the left cheek and left temple, a swelling on the upper lip, wounds on the upper and lower lips, fracture of the 12th tooth, a swelling on the left ear, bruises on and behind the left ear, bruises and multiple excoriations on the back surface of the right upper limb, a large bruise on the right upper limb, above the elbow, on the inside, and several bruises on the lower side. As the convict explained, he had sustained the aforementioned injuries in the Rustavi Establishment No. 6, though he did not specify the circumstances.

On October 2, 2012, convicts A.Sh. and K.K. were transferred from Establishment No. 17 to Establishment No. 6 of the Department of Prisons for unclear reasons. On October 3, 2012, the convicts were transferred from the quarantine unit to the regime block, shortly after which they sustained the aforementioned injuries and traumas.

Despite the fact that the convicts did not explain the circumstances in which they had sustained the injuries, it is highly likely that that they sustained the aforementioned injuries after they were transferred to a cell of Establishment No. 6, specifically, during a physical confrontation that was a result of an argument between prisoners in the same cell. Accordingly, the investigation should discuss the issue of holding all those persons responsible who decided to transfer the convicts from Establishment No. 17 to Establishment No. 6 and to distribute them to the cell in which their life and health were likely to come under danger.

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