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Friday, 11 March , 2022
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Another Victory of Georgia Over the August 2008 War

After the Strasbourg court case, Georgia won another victory at the International Criminal Court (ICC) in the Hague in connection with the August 2008 war. This decision proves once again that the serious violations committed against the population of Georgia during the August war will be attributed to specific representatives of the Russian Federation and the separatist regimes.

In particular, according to the information published by the Hague Tribunal, during the episode of torture and ill-treatment of Georgian civilians during the August war, the court prosecutor issued arrest warrants against 3 defendants: Mikhail Mindzaev (the so-called Minister of Internal Affairs of the Tskhinvali region); Hamlet Guchmazov (head of the pre-trial detention isolator of the so-called Ministry of Internal Affairs of the Tskhinvali region during the mentioned period); David Sanakoev (so-called Public Defender in the mentioned period). The investigation also reveals the role of the late Vyacheslav Borisov (Major General and Deputy Commander of the Air Force of the Russian Federation at the time), who, according to the investigation, intentionally facilitated the commission of the above-mentioned crimes.

The appeal of the Prosecutor's Office regarding the issuance of arrest warrants is specifically related to the facts of illegal detention, inhuman treatment, hostage-taking and further illegal movement of Georgian civilians during the Russian occupation. It should be noted that, like the Strasbourg court, the prosecutor of the Hague tribunal directly states that the territories of Georgia are occupied by Russia.

Since 2016, the Government of Georgia, in coordination with the Ministry of Justice of Georgia, with the involvement of the Prosecutor General's Office and all relevant agencies, has been actively cooperating with the Office of the Prosecutor of the Hague Tribunal and providing comprehensive information and evidences necessary for proper investigation. The prosecutor's office was provided with, among other things, hundreds of pieces of evidence collected and submitted to the Strasbourg court in connection with the August war case.

The current decision of the Office of the Prosecutor of the Hague Tribunal is the result of the submission of the above evidence by the Government of Georgia and a logical continuation of the historic victory of Strasbourg.

The Government of Georgia will continue to work actively with the Hague Tribunal to bring to justice all other crimes committed against the people of Georgia.

With regard to the execution of arrest warrants, all member states of the Rome Statute (the founding document of the International Criminal Court) have an obligation to co-operate with the Hague Tribunal on the arrest and extradition of a person to a court. To this end, Georgia will cooperate fully with the court to bring the perpetrators to justice. Together with the historic decision of the Strasbourg Court in the August war case of January 21, 2021, this decision of the Hague Tribunal represents another significant victory of the Georgian side in the international courts against the Russian Federation and confirms that during the 2008 war the Georgian military acted in accordance with international law.

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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.