Public Defender’s Statement on Mikheil Saakashvili's Detention Conditions

Published in Society
Thursday, 14 October 2021 11:56

The Public Defender's Office has visited the third President of Georgia, Mikheil Saakashvili, who is placed in Penitentiary Establishment No. 12, several times. We have been observing in detail the state of his health and conditions in the penitentiary establishment. We have intensive communication with the administration of the penitentiary system, as well as medical personnel, regarding Saakashvili’s health condition, with the consent of the latter.

It should be noted that no breaches have been reported so far in terms of provision of living conditions for the third President; adequate attention is paid to him by the medical staff of the penitentiary facility.

At the same time, the Public Defender of Georgia would like to respond to the information spread by the Special Penitentiary Service about Mikheil Saakashvili's health condition (blood pressure, pulse, saturation, glucose) and other personal data (items purchased by him). While it is clear that there is a high public interest in the health condition of the third President of the country, the agency has an obligation to inform the public only within reasonable limits. Health-related information belongs to special category data and its disclosure in detail, without the permission of the person concerned, poses a risk of violation of the law on the one hand and may contribute to the prisoner’s distrust towards the penitentiary system on the other hand, including towards the medical personnel.

The issuance of such statements by the Penitentiary Service or high political officials poses an additional risk that the prisoner, who is on a hunger strike, may also refuse to receive medical care. Therefore, we negatively evaluate any statement that pushes the prisoner to resort to a more severe form of hunger strike and further aggravates his health condition.

The Public Defender's Office will continue to monitor the rights situation of the third President of Georgia and will periodically provide information to the public.

Read 58 times

Related items

  • Georgian politicians should fully respect the independent mandate of the Public Defender

    Strasbourg, 23 November 2021 - "Public attacks by members of the Georgian Parliament against the Public Defender of Georgia, in connection with her and her Office’s work related to the imprisonment of the former President of Georgia, Mikheil Saakashvili, and his hunger strike, are unacceptable", said today Council of Europe Commissioner for Human Rights, Dunja Mijatović. 

    "I commend the Public Defender and her Office for their efforts to uphold the highest possible standards of protection of the human rights of all individuals over whom the Georgian authorities exercise jurisdiction.

    This issue was high on my agenda during the meeting I had yesterday in Strasbourg with the Chairman of the Georgian Dream Party, Irakli Kobakhidze, and the Chair of the Committee on European Integration in the Georgian Parliament, Ms Maka Botchorishvili.

    Under the Venice Principles, member states are obliged to effectively protect their Ombudsman institutions from any threats or action aiming at or resulting in any hurdles to their effective functioning. I call on the Georgian authorities to ensure that the Public Defender, her office and associated experts can operate in a climate that is conducive to them carrying out their mandate independently, effectively and safely, in line with the Recommendation (2021)1 of the Committee of Ministers of the Council of Europe on the development and strengthening of effective, pluralist and independent national human rights institutions.

    It is crucially important first and foremost for all citizens of Georgia but also for Georgia’s international partners, including the Council of Europe, to be able to count on the expertise of an Ombudsman institution which is able to discharge its works independently and effectively, in full compliance with international standards, including the Paris Principles and the Venice Principles. I look forward to discussing this and other human rights issues during my forthcoming visit to Georgia in February next year."

    Source: https://bit.ly/3xeG7ud

  • Statement by President Salome Zourabichvili

    I welcome the plan to transfer the former President to the Gori Military Hospital as a place that meets all medical and security standards.

    This decision fully responds to the request of the European Court of Human Rights, to which the former President agreed to end his hunger strike if transferred to a multidisciplinary clinic.

    I also welcome Elene Khoshtaria's decision to end her hunger strike.

    The readiness of the opposition to not hold protests in the vicinity of the clinic is important and the right thing to do, as is the decision of some parties to end their parliamentary boycott.

    Today's decisions are steps forward that will ensure the peace of society and the stability of the country.

  • Public Defender Demands Mikheil Saakashvili’s Involvement in His Trial

    Restricting the 3rd President of Georgia, Mikheil Saakashvili, from participating in his own trial grossly violates the right to a fair trial enshrined in the Constitution of Georgia and the European Convention.

    Mikheil Saakashvili has not been allowed to appear before court three times since his arrest. In all three cases, the Special Penitentiary Service refused to bring Mikheil Saakashvili to court and the court endorsed the refusal without critical deliberation.

    The Penitentiary Service named (1) the refusal of a substantial part of treatment by Mikheil Saakashvili and (2) the investigation being carried out by the State Security Service as reasons for refusing to bring the defendant to court.

    First of all, it is noteworthy that an abstract reference to the fact that the transfer of the prisoner due to his hunger strike would be a risk to his health cannot be considered as a substantiated argument. This will virtually deprive all prisoners that are on hunger strike of the opportunity to participate in their own judicial proceedings and exercise their right to a fair trial. Moreover, legislation reviews the protocol of action in a similar case and requires that, in case of health risks, the accused be accompanied by a medical worker during transfer.[1]

    As for the refusal to transfer Mikheil Saakashvili to court for the so-called security reasons, it is noteworthy that the procedural law does not provide for such an opportunity. The subordinate normative act explicitly and unequivocally states that an accused/convicted person shall be escorted to court at the request of the relevant authorized person of common courts, which does not require additional decision-making.[2]

    In addition, legislation does not recognize the possibility for the Penitentiary Service to refuse to transfer an accused person to court due to a pending investigation into any case. It should be noted that the maximum statute of limitations for the investigation carried out by the State Security Service is ten years.[3] This allows the Penitentiary Service to illegally, arbitrarily and permanently refer to the investigation ongoing in the State Security Service, which would be a de facto annulment of the defendant’s right of defence.

    In addition, the European Court of Human Rights considers that security issues must be clearly defined and meet the criteria of necessity. Judges should consider all possible alternatives to ensure safety and security and give preferencetoa less strict measureover a stricter one when it can achieve the same purpose.[4] Guarantees of a fair trial and public hearing are considered violated when the domestic court fails to explain why the state security system would not be able to deal with the security risks.[5]

    Thus, the Public Defender believes that at this moment there is no proper argument on the basis of which Mikheil Saakashvili should be restricted from appearing before court in person. The position presented by the Special Penitentiary Service cannot outweigh the right to a fair trial guaranteed by the Constitution of Georgia and the European Convention on Human Rights, which among other guarantees includes the right of the accused to personally and directly participate in oral, public hearings, with full observance of the principles of equality of arms, adversarial process and examination of evidence.

    The Public Defender calls on the Special Penitentiary Service to properly and conscientiously perform its rights and duties and ensure that Mikheil Saakashvili is brought before court, by providing appropriate guarantees for his health and safety. The Public Defender also calls on the court to give the accused the opportunity to state his position, participate in the examination of evidence and protect his rights within the framework of all three ongoing cases.


    [1] Order No. 149 of the Minister of Corrections of Georgia on the Approval of the Rules for Escorting/Transferring Defendants/Convicts, 19.10.2015, Annex No. 1, Article 37

    [2] Order No. 149 of the Minister of Corrections of Georgia on the Approval of the Rules for Escorting/Transferring Defendants/Convicts, 19.10.2015, Annex No. 1, Article 4, suparagraph 4.

    [3] Part 1 of Article 315, part 3 of Article 12, subparagraph "c" of part 1 of Article 71 of the Criminal Code of Georgia and Article 103 of the Criminal Procedure Code of Georgia.

    [4] Riepan v. Austria, 35115/97, paragraphs 28-29; Krestovsky v. Russia, 14040/03, paragraph. 29.

    [5] Krestovsky, 29-30; Luchaninova v. Ukraine, 16347/02, 56-57.

  • Interim measures indicated concerning Georgia

    The Court has decided to indicate interim measures in the case of Saakashvili v. Georgia and has asked the Georgian Government to provide it with information on the applicant’s state of health, to guarantee his safety in prison and to provide him with appropriate medical care.

    The applicant, Mikheil Saakashvili, is the former President of Georgia. Having been convicted for a number of offences committed while in office, he is currently serving a prison sentence. The applicant claims he is a victim of ‘political persecution’ and has been on hunger strike for 41 days.

    Source: https://www.echr.coe.int/Pages/home.aspx?p=home

  • Public Defender Visits Mikheil Saakashvili in Medical Establishment No.18 of Penitentiary Service

    On November 8, 2021, Public Defender Nino Lomjaria visited third President of Georgia Mikheil Saakashvili, who was transferred to Medical Establishment No. 18 of the Penitentiary Service, Public Defender reports.

    At the meeting, Mikheil Saakashvili told the Public Defender that he had no information about his transfer to Establishment No. 18, as he was informed at Establishment No. 12 that he would be transferred to a multifunctional civil clinic on the basis of the decision of the medical council, which he agreed to.

    It should be noted that representatives of the Public Defender's Office visited Establishment No. 12 as well, where they could not find any document about provision of information to Mikheil Saakashvili or his consent relating to his transfer to Establishment No. 18.

    Speaking to the Public Defender, Mikheil Saakashvili explained that despite his refusal, he was forcibly placed in Establishment No. 18. The Public Defender's Office immediately informed the State Inspector's Office about the above for the purpose of launching an investigation.

    Particular attention should be paid to the environment in which Mikheil Saakashvili is placed, which grossly violates human rights. In particular, insulting and threatening shouts by prisoners of Establishment No. 18 are heard against Mikheil Saakashvili, which can be heard in Saakashvili's cell as well and clearly represents psychological pressure. Upon entering the penitentiary facility, voices of insult were heard by the Public Defender and her representatives. It is highly probable that a similar situation will continue and Mikheil Saakashvili's lawyers and other visitors will be subjected to similar verbal aggression.

    The Public Defender has repeatedly stated in her statements that the transfer of the prisoner from Establishment No. 12 to Establishment No. 18 would lead to the disorganization of Establishments Nos. 8 and 18 due to the significant risk of verbal aggression, noise and harassment.

    It should be noted that the Public Defender's Office checked the documents on the admission of prisoners to Establishment No. 18, as a result of which it was established that no other inmates of Establishment No. 12, except Mikheil Saakashvili, have been admitted to this facility since January 18, 2021. Information about the period before January 18, 2021 is yet unknown due to the inability to access the special archive at night hours.

Business News

Consideration of 2016 budget next Week starts next Week

Consideration of 2016 budget next Week starts next Week

The Georgian Parliament will start consideration of the 2016 budget next week. The Committees schedu...

1 US Dollar equals 2.3906 GEL

1 US Dollar equals 2.3906 GEL

Georgian Lari slightly gained value against US Dollar. Georgian National Bank set the new exchange r...

Silk Road Tbilisi Forum 2015 has started

Silk Road Tbilisi Forum 2015 has started

Silk Road Tbilisi 2015 forum started today. Following the success of the inaugural Routes Silk Road...

Agreement between SES and GEE

Agreement between SES and GEE

A new multi-year agreement was signed between worldwide satellite operator SES and Global Eagle Ente...

MOST READ

« November 2021 »
Mon Tue Wed Thu Fri Sat Sun
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30          

About

The News Agency,
NEWSDAY.GE is
a part of STARVISION
Media Group.
It made its first
appearance on the Internet..More

 

Contact

NEWSDAY Ltd.
Lechkhumi street.43

Georgia,Tbilisi

Phone: (+995 32) 257 91 11
E-mail: avtandil@yahoo.com

 

 

 

Social Media