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Case of the citizen beaten in Signagi police sent to Strasbourg Court

29.01.2019

 
Reginfo.ge

Human Rights Education and Monitoring Center (EMC) will submit application to the European Court of Human Rights over the case of Vladimer Mtchedlishvili, who was beaten in Signagi police office. 

EMC argues about the inhuman and degrading treatment of the applicant by the state servant, about ineffective investigation and violation of the right to have access to effective legal remedy within the state.
 
The case is about the incident of May 15, 2017, when Vladimer Mtchedlishvili was arrested under the administrative law and then inhumanly treated in the police office. The prosecutor’s office was ineffectively and unsuccessfully investigating the case for more than one year. Vladimer Mtchedlishvili was fined for drinking beer in public place and then police arrested him based on the Article 173 of the Administrative Code of Georgia – disobedience to the lawful requests of police officers and resistance; the police took him to the local police office. Vladimer Mtchedlishvili said he was physically and verbally assaulted in the police office as a result of what his ribs were broken and had multiple injuries on the face and body. 

“The evidence in the case files, including the statements of the witnesses, the visual examination protocol in the temporary detention setting, medical examination conclusions and the videos from the cameras installed nearby the incident prove that Vladimer Mtchedlishvili received injuries while he was under effective control of the police. To oppose this presumption, there are only the testimonies of the police officers, who participated in the incidents. In similar case, in accordance to the practice of the ECtHR, the State bears the responsibility to present well-grounded clarification about the causes of the injuries. Regardless that, the investigation is still ineffective,” EMC stated. 

Charge was not brought against the police officer, who physically insulted Vladimer Mtchedlishvili, and he continues working in the police. 
According to the applicants, several substantial violations were observed in the course of investigation. 

“At the initial stage of the investigation, Vladimer Mtchedlishvili was refused to receive victim’s status. Based on the same information, later on, he received the status. The substantial evidences were not adequately examined. The qualification of the disputed action is also problematic because the investigation is referring only to the alleged abuse of power by police officer while there is special norm on degrading and inhuman treatment, which implies to stricter sanction,” the EMC reported. 

In their application to the European Court of Human Rights, EMC requests evaluation of the fact of inhuman treatment and ongoing domestic investigation based on the Articles 3 and 13 of the European Convention on Human Rights. 

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