Penitentiary Service is to pay GEL 30 000 a Victim of Torture in Moral Damages

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In the case of torture, inhuman and degrading treatment committed in the penitentiary system of Georgia, the Special Penitentiary Service was imposed with payment of GEL 30 000 in favour of the person for whom HRC was pleading the cause.

HRC continues to protect the rights of individuals who have been subjected to torture, inhuman and degrading treatment at various times and who have become victims of systemic crimes.

For years, the problem persists in terms of the procrastinated hearings in the general courts of the cases of the offenses committed in the penitentiary facilities of Georgia during 2006-2012 namely that of the victims of torture, inhuman and degrading treatment with the procrastination caused inter alias by the refusal of the penitentiary service to pay compensations for the damages inflicted and also because the Service pleads the case to the end against the victims. Until the disputes are through in all instances of court, the state in fact refrains from fulfilling its obligations vis-à-vis a large part of the victims refusing to provide them with legal and psychosocial rehabilitation, or to pay them moral damages and compensations. 

A beneficiary of HRC, L.K., for many years was a victim of torture and ill-treatment by the administration at Penitentiary Facility N8, leaving a heavy mark on his health. L.K. was recognized as a victim based on the prosecutor's decision from 2017. 

In accordance with the judgment of conviction over the case of L.K. which became effective from November 12, 2019, certain officials and officers of Penitentiary Facility N8 were convicted of the offense under Article 1441 (2)(a)(d)(e)(g) of the Criminal Code of Georgia (meaning the torture i.e. treating a person in the way that in its nature, intensity and duration, causes severe physical pain, mental and moral suffering and which is intended to obtain information, intimidate, coerce and punish a person, and this committed by an officer or a person equal to an officer using his/her official position, in a group, or against a person deprived a liberty in any manner).   

On July 1, 2020, HRC filed a claim with a court to order payment of compensations in favor of L.K. in moral damages he received from the offense. 

On November 15, 2022, Tbilisi City Court announced the judgment allowing the claim and the Special Penitentiary Service was ordered to pay GEL 30 000 to the plaintiff. 

Human Rights Center