Former prisoners Z.M. and A.O. served their sentence in#18 and #8 penitentiaries. In 2011-2012 they were subjected to severe and permanent physical abuse from the side of prison officers, as a result they sustained serous bodily injuries. 

 

Z.M.’s fact of physical abuse relates to his complaint submitted to ECtHR. Since he refused to withdraw the application, prison officers restricted his right to take a shower, to walk and to use a prison shop. 

 

Before 2012 physical and psychological violence was permanent in prisons of Georgia. These facts became known to the society at large on September 18, 2012 after releasing videos about prisoners’ torture and inhuman treatment though internet and TV. In addition, information about torture and inhuman treatment in penitentiaries was reflected in NGOs joint analytic report.     

 

After change of government through the October 1, 2012 parliamentary elections, investigation started on ill-treatment facts detected in penitentiaries. Since then, Z.M. and A.O. systematically applied to the prosecutor’s office and demanded conduct of effective investigation and grating of victim’s status. However, prosecution has not implemented number of investigative actions with a view to ensure conduct of effective and timely investigation so far. Namely, investigative bodies fell short to conduct examination of Z.M.’s and A.O.’s medical documentation  and to question prison office, who, as the applicants allege, participated in their physical abuse. Further, the applicants were not granted victim’s status and were deprived of the chance to be effectively involved in investigation process and to receive relevant information.    

 

GYLA applied to ECtHR about violation of Article 3 (prohibition of torture) and Article 34 (right to an individual application) of the ECHR.