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Monday, 04 April , 2022
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Rati Bregadze: “Decision of the Strasbourg Court Made it Clear that there Are no Additional Circumstances for the Application to Be Considered Further"

Minister of Justice, Rati Bregadze spoke on Imedi TV about the exclusion of Saakashvili's application from the list of cases considered by the European Court of Human Rights (ECHR). According to Rati Bregadze, the decision of the Strasbourg court, leaves no doubt that there are no special circumstances that indicated torture and inhuman treatment.

"The application referred to the third article, which deals with torture. In this context, they requested an additional investigation, in which they wanted him to be immediately transferred to the clinic and this application to be continued to be considered in the future. The court also appealed to the defense and set a deadline of December 8, that they should present additional evidence before this specific deadline,” said Rati Bregadze.

According to the Minister, this decision in Strasbourg unequivocally confirms that there are no special circumstances that pointed to and still indicate torture and inhuman treatment:

"The Strasbourg court says directly that at this stage there are no problems with this issue. Naturally, the defense, their supporters, will always try to ignore this or present it as if it's nothing at all, but it is a fact, a verdict, a decision that says very clearly and unequivocally that notwithstanding what they have been arguing about throughout this period, torture, inhuman treatment, etc., the issues is closed. Then the state inspector also wrote a report, which we have appealed in court and the Ministry of Justice and the Special Penitentiary Service are the winners in this case as well. Eventually, the truth was found at both the national and European levels that all actions taken by the state against Saakashvili when he was in the penitentiary were correct and in full compliance with European values ​​and the rule of law," said the Minister.

According to Rati Bregadze, the Ministry of Justice's priority is to properly inform the public; The agency respects the International Court of and never interprets facts.

"We always try to establish the exact facts and that is why I read an excerpt from the decision, according to which the court dismissed the application in the case "Saakashvili v. Georgia” and also pointed out a very significant phrase - in addition, the court does not consider any special circumstances, which, in accordance with the European Convention and the Protocols, requires further consideration of this application." "That is why I do not enter into certain interpretations of this case, and I will inform the public about what is written in the court decision and here is the official translation of the ruling," said Rati Bregadze.

According to the Minister, if we go into more details and look at Article 37, it also indicates that, even if there are formal preconditions, the court can still consider it further, but the court ruled it out and added that there are no additional circumstances requiring the application to be considered further. The court also said that there are no special circumstances which additionally give rise to the obligation to review the application.

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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.