18 Oct 2023
The Head of the Special Investigation Service participated in the discussion of the Public Defender's Special Report
Koka Katsitadze, the Head of the Special Investigation Service, attended the presentation of a study titled "Practical Analysis of Qualifications for General and Special Cases of Ill-Treatment," conducted by the Public Defender of Georgia.
The report addresses practical matters related to the classification of ill-treatment under both general and special legal provisions, drawing upon case law and recommendations from the European Court of Human Rights. Furthermore, the special report reviews the Georgian Court Decisions concerning cases of ill-treatment that occurred between 2013-2019 and offers a comprehensive practical case analysis.
Koka Katsitadze emphasized the significance of the issues raised in the Public Defender's research. He also noted that the SIS has taken important steps towards implementing the recommendations provided to Georgia by the Council of Europe Ministers and the UN Human Rights Protection Committees. This effort aims to ensure that cases of ill-treatment are not categorized under less severe articles.
To this end, the SIS has elaborated a comprehensive guideline for the qualification of acts of torture and ill-treatment. This document was approved through an order of the head of the service on July 31 of this year. The document is in line with the guidance provided by the European Court and allows for the clear distinction and precise qualification of ill-treatment, as well as other official misconduct.
The guideline document along with the special report of the Public Defender Office can serve as a crucial basis for the implementation of legislative changes.
“The special report of the Public Defender, which addresses the issues of qualification of ill-treatment, represents a significant and valuable study. This report is founded on cases, standards and recommendations of the European Court of Human Rights. The report provides an analysis of the practices observed within the Georgian court system. It is important to emphasize that the SIS has also elaborated a guideline document that is aligned with the recommendations of the European Court and regulates issues related to the qualification of ill treatment. We firmly believe that these two documents will play a vital role in shaping future legislative amendments," stated Koka Katsitadze, the head of the Special Investigation Service.
The event was attended by representatives from the Parliament of Georgia, the General Prosecutor's Office, the Ministry of Justice, as well as members from the international and non-governmental sectors.