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Saturday, 24 September , 2022
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The Committee of Ministers of the Council of Europe Adopts Decision on So-called War Case

As the public will be informed, on January 21, 2021, the European Court of Human Rights (ECHR) published its decision on the case - "Georgia v. Russia (II)" (the so-called "War Case"). The decision refers to the administrative practice of massive human rights violations against the population of Georgia during the August 2008 war and subsequent occupation by Russia, which exercised effective control over the Tskhinvali region and Abkhazia.

At the meeting of the Committee of Ministers in September of this year, the Georgian side spoke about the importance of the decision and stated a clear position that despite the termination of the status of a member of the Council of Europe for the Russian Federation, the respondent state still has an unconditional obligation to strictly implement the court's decision.

It is significant that the Committee of Ministers fully supported the Georgian side and emphasized the severity and scale of the established violations. The Ministerial Committee strongly called on Russia to submit as soon as possible a comprehensive action plan to implement the decision of the Grand Chamber of January 21 and to start taking effective steps to eliminate the root cause of the violations (i.e. the continued occupation) and to prevent the recurrence of similar human rights violations.

The Committee also expressed deep concern that the Russian Federation, which exercises effective control over Abkhazia and the Tskhinvali region, still does not allow the internally displaced ethnic Georgian population to return to their homes and called on Russia to implement effective measures in this direction in order to implement the decision.

At the initiative of the Georgian side, the Committee will return to the consideration of the War Case at the next session, in December 2022.

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Minister of Justice of Georgia, Rati Bregadze, Welcomes Delegation from the European Committee for the Prevention of Torture (CPT)

The Minister of Justice of Georgia, Rati Bregadze, hosted a delegation from the European Committee for the Prevention of Torture, Inhuman and Degrading Treatment or Punishment (CPT) of the Council of Europe during their 7th periodic visit. The meeting provided an opportunity to discuss ongoing reforms in Georgia's penitentiary system and showcase the innovations introduced in response to recommendations from previous visits.

During the meeting, Minister Bregadze highlighted key advancements, including the adoption of the new Penal Code in 2023, which strengthens protections for the rights of convicts and accused persons, while also enhancing working conditions for penitentiary staff. He introduced the delegation to several innovative initiatives, including the Digital University, a project enabling inmates to pursue higher education remotely through daily interaction with lecturers. The Digital University was recently recognized as one of the top three projects by the European Organization of Prison and Penitentiary Systems (Europris).

The Minister also presented the Public Service Hall initiative within penitentiary institutions. This project provides up to 50 essential public services to inmates in seven facilities (Nos. 1, 2, 5, 8, 10, 12, and 16). Additionally, he introduced the online clinic service, which ensures swift and effective access to medical care for inmates, and the Saakadze Training Base, which offers specialized training for staff across the Penitentiary Service, Probation Agency, National Bureau of Enforcement, and General Inspectorate.

Significant infrastructural advancements were also noted, including the opening of a modern penitentiary facility in the Laituri district in 2023, with another small-scale facility slated to open in Rustavi in early 2025. These upgrades align with the implementation of the penitentiary system’s Sports Strategy, aimed at enhancing physical and mental well-being within the facilities.

Minister Bregadze also emphasized the success of rehabilitation and resocialization programs for inmates, such as the Re-market project, which provides a platform for selling handicrafts made by convicts, fostering both skill development and economic opportunities.

The Minister highlighted a key achievement: since 2012, the European Court of Human Rights (ECHR) has not received a single case originating from Georgia’s penitentiary system—a testament to the country’s progress in ensuring the humane treatment of detainees.

The CPT delegation is set to meet with representatives from the Ministries of Internal Affairs and Health, the Special Investigation Service, and the Public Defender’s Office. They will also visit closed penitentiary and psychiatric institutions, as well as temporary detention facilities.

Deputy Minister of Justice Beka Dzamashvili, Director General of the Special Penitentiary Service, Nika Tshvarashvili, Head of the Department of International Relations and Legal Cooperation of the Ministry of Justice, Ketevan Sarajishvili and Head of the Medical Department of the Special Penitentiary Service, Malkhaz Urtkhmelidze were also present at the meeting.