The above-mentioned conclusion of the European Court is based on the information provided to the court by the applicant Akaki Ochigawa, as well as reports and documents published on the basis of the fact-finding visit of the Public Defender and non-governmental organizations, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the Parliamentary Assembly of the Council of Europe, as well as, decisions of national courts.

In addition, the European Court reviewed footage published in the Georgian media in September 2012 about the ill-treatment/torture of prisoners in various prison facilities, including Gldani prison (Penitentiary No. 8) (so-called “Prison Scandal").

From the decision of the Strasbourg court, it is established once again that torture of prisoners in Georgian prisons was practiced systematically, among others, in the following forms:

The practice of necessarily beating newly placed prisoners - the so-called quarantine procedure; systematic beating of prisoners several times a week; so-called long-term confinement in solitary confinement and small solitary cells for punishment, where there was nothing but a metal bed, and prisoners had to sit on cement floors during the day. The bed was folded and attached to the wall with a lock. The staff of the institution unfolded the bed and allowed the complainant to use it only between 10 pm and 8 am; the prisoners also had to stand up the whole time if several prisoners were placed in the cell at the same time; restriction of food intake and use of the toilet for the prisoners; permanent restrictions on meeting with family members; Covering them with a special kind of helmet and stuffing a ball in their mouths so that they could not talk; conversation between the prisoners was allowed only in whispers.

The purpose of this mistreatment was to force the prisoners to obey and cooperate with the prison administration. The complainant Akaki Ochigawa experienced the aforementioned forms of torture on himself. However, in November 2011, he was beaten with extreme cruelty, as a result of which he damaged his spine and lost the ability to walk. After complaining about the mentioned fact, the investigator advised him to declare that he got injured when he fell out of bed. The applicant refused, which is why the employees of the institution broke his toes with a baseball bat. Most of his fingers were deformed from multiple fractures. In addition, the applicant was not provided with proper medical care. In addition, during one of the incidents, the prison staff stripped him in the shower room, poured cold water on him and beat him severely with batons. There was a case when the applicant lost consciousness due to beatings, and after regaining consciousness, he found himself handcuffed to a pipe in the prison morgue, among the dead.

As a result of the above-mentioned treatment in the penitentiary, the applicant has been a disabled person since March 28, 2014.

Taking into account all of the above, the European Court found that the applicant was subjected to torture in Gldani prison and that it was part of the systemic torture that existed at the time, which was characteristic of the whole system.

It is worth noting that victims of ill-treatment did not report cases of torture both during non-personal and personal (family) contacts before the government changes of October 2012. This was partly due to the lack of hope for the improvement of the situation, the fear of further punishment and the ineffectiveness of the protection mechanisms. Akaki Ochigawa was also able to speak about improper treatment only after the change of government.

As the complainant told the prosecutor, he felt safe enough to file a complaint about ill-treatment in Gldani prison after the prison scandal and the October 2012 government changes.

As a result of the investigation of the Prosecutor's Office of Georgia, in 2017, a number of people were charged with the torture of Akaki Ochigawa, and on February 6, 2018, the defendants were found guilty by the Tbilisi City Court. The judgment was left unchanged by the Tbilisi Court of Appeal and the Supreme Court of Georgia. Akaki Ochigawa, an ex-convict, was known to be a victim in this case, along with other persons.

In spite of the above, taking into account the systematic nature and scale of the violation, the European Court also found flaws in the procedural part of Article 3 of the Convention (obligation to investigate), because the arrest and trial of the responsible persons took place 5 years after the occurrence of the contested facts, which was considered a long time for the execution of justice.

The court awarded the applicant 20,000 euros for moral damages.

On February 16, 2023, the European Court of Human Rights published its decision in the case Ochigawa v. Georgia, which proved once again that the torture and ill-treatment of prisoners in Georgian penitentiary institutions until 2012 "was a problem of a systematic nature and characteristic of the entire system".

The above-mentioned conclusion of the European Court is based on the information provided to the court by the applicant Akaki Ochigawa, as well as reports and documents published on the basis of the fact-finding visit of the Public Defender and non-governmental organizations, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the Parliamentary Assembly of the Council of Europe, as well as, decisions of national courts.

In addition, the European Court reviewed footage published in the Georgian media in September 2012 about the ill-treatment/torture of prisoners in various prison facilities, including Gldani prison (Penitentiary No. 8) (so-called “Prison Scandal").

From the decision of the Strasbourg court, it is established once again that torture of prisoners in Georgian prisons was practiced systematically, among others, in the following forms:

The practice of necessarily beating newly placed prisoners - the so-called quarantine procedure; systematic beating of prisoners several times a week; so-called long-term confinement in solitary confinement and small solitary cells for punishment, where there was nothing but a metal bed, and prisoners had to sit on cement floors during the day. The bed was folded and attached to the wall with a lock. The staff of the institution unfolded the bed and allowed the complainant to use it only between 10 pm and 8 am; the prisoners also had to stand up the whole time if several prisoners were placed in the cell at the same time; restriction of food intake and use of the toilet for the prisoners; permanent restrictions on meeting with family members; Covering them with a special kind of helmet and stuffing a ball in their mouths so that they could not talk; conversation between the prisoners was allowed only in whispers.

The purpose of this mistreatment was to force the prisoners to obey and cooperate with the prison administration. The complainant Akaki Ochigawa experienced the aforementioned forms of torture on himself. However, in November 2011, he was beaten with extreme cruelty, as a result of which he damaged his spine and lost the ability to walk. After complaining about the mentioned fact, the investigator advised him to declare that he got injured when he fell out of bed. The applicant refused, which is why the employees of the institution broke his toes with a baseball bat. Most of his fingers were deformed from multiple fractures. In addition, the applicant was not provided with proper medical care. In addition, during one of the incidents, the prison staff stripped him in the shower room, poured cold water on him and beat him severely with batons. There was a case when the applicant lost consciousness due to beatings, and after regaining consciousness, he found himself handcuffed to a pipe in the prison morgue, among the dead.

As a result of the above-mentioned treatment in the penitentiary, the applicant has been a disabled person since March 28, 2014.

Taking into account all of the above, the European Court found that the applicant was subjected to torture in Gldani prison and that it was part of the systemic torture that existed at the time, which was characteristic of the whole system.

It is worth noting that victims of ill-treatment did not report cases of torture both during non-personal and personal (family) contacts before the government changes of October 2012. This was partly due to the lack of hope for the improvement of the situation, the fear of further punishment and the ineffectiveness of the protection mechanisms. Akaki Ochigawa was also able to speak about improper treatment only after the change of government.

As the complainant told the prosecutor, he felt safe enough to file a complaint about ill-treatment in Gldani prison after the prison scandal and the October 2012 government changes.

As a result of the investigation of the Prosecutor's Office of Georgia, in 2017, a number of people were charged with the torture of Akaki Ochigawa, and on February 6, 2018, the defendants were found guilty by the Tbilisi City Court. The judgment was left unchanged by the Tbilisi Court of Appeal and the Supreme Court of Georgia. Akaki Ochigawa, an ex-convict, was known to be a victim in this case, along with other persons.

In spite of the above, taking into account the systematic nature and scale of the violation, the European Court also found flaws in the procedural part of Article 3 of the Convention (obligation to investigate), because the arrest and trial of the responsible persons took place 5 years after the occurrence of the contested facts, which was considered a long time for the execution of justice.

The court awarded the applicant 20,000 euros for moral damages.

Beka Dzamashvili provided the audience with detailed information about what stage the country is in the process of joining the European Union and what legal procedures remain to be followed on this path.

At the end of the meeting, Deputy Minister and Head of the European Union Department of the Ministry of Justice, Nugzar Dundua answered the students' questions.

Face-to-face communication with the public on current issues is a priority of the Ministry of Justice. During 2022, the leadership of the Ministry held public lectures on the subject of ongoing disputes against Russia in international courts; And this year, the agency is planning series of lectures on the issues of Georgia's integration with the European Union and their legal aspects.

The public lecture "Legal aspects of Georgia's integration into the European Union" was held in cooperation with the organization "Encom".

The charity exhibition-sale of the works of artistic employees of the Ministry of Justice was held last year as well and has already become a tradition. More than 50 persons working in the system of the Ministry are participating in the event. Minister of Justice, Rati Bregadze visited the exhibition together with his deputies.

The exhibition space of the National Archives of Georgia will host visitors from 11:00 to 19:00 until February 12.

“Justice Artists" - that's the name of the exhibition, where handmade items, paintings are presented to the visitors. Part of the money received from the event will be used for the beneficiaries of the Juvenile Referral Center.

The charity exhibition-sale of the works of artistic employees of the Ministry of Justice was held last year as well and has already become a tradition. More than 50 persons working in the system of the Ministry are participating in the event. Minister of Justice, Rati Bregadze visited the exhibition together with his deputies.

The exhibition space of the National Archives of Georgia will host visitors from 11:00 to 19:00 until February 12.

News in the field of archival services were also discussed - the construction of the Shida Kartli regional archive building and the design of the Mtskheta-Mtianeti regional archive building will begin this year.

At the meeting, the participants talked about the priority of the penitentiary system - replacing large semi-open institutions with small penitentiary institutions. For this purpose, a penitentiary facility for up to 700 convicts will be opened in Laituri.

In order to improve the availability and quality of higher education in the system, it is planned to expand digital education and introduce it in other penitentiary institutions within the framework of the innovative educational project Digital University. Sports festivals in various sports will continue. For this purpose, reconstruction-rehabilitation of sports fields in penitentiary institutions was carried out and it is planned to be fully equipped with sports equipment.

At the meeting, care for the employees of the Special Penitentiary Service and improvement of working conditions were emphasized as one of the main directions. For this purpose, from January 1, 2023, for the first time in the penitentiary system of Georgia, employees working in penitentiary institutions with an 8-hour work schedule are provided with one free meal; A 24-hour duty shift is provided with three meals a day.

Among the future plans, attention was focused on improving the living conditions of convicts, increasing the number of employed convicts and rehabilitation programs. It was mentioned that it is planned to develop the concept of preparation for release.

At the meeting, the participants also talked about the design and construction of a new small penitentiary institution, the design of the fire safety system in all penitentiary institutions and the introduction of modern security systems, plans to solve the needs of the institutions.

It was noted that the registration of accused/convicted persons in the penitentiary system is being produced by the new OIS program. The new OIS program is a flexible information system that not only allows obtaining complete information on each prisoner, but also creates the possibility of extracting and processing statistical and analytical data.

Activities planned in the direction of legislative activities were discussed at the meeting as well. It was noted that in 2023 it is planned to adopt a new Penal Code, which will improve the working conditions of the employees of the special penitentiary service and the legal status of persons in penitentiary institutions. For example, the accused will be granted a long appointment; All kinds of dating will become completely free; Except for high-risk convicts, everyone will have the right to receive higher education; The living conditions of accused and convicted persons will be equalized; All units of the penitentiary service will be given a special status, which will equalize and improve the conditions of employees; the circle of persons with special rank will be expanded; In addition to official and rank salary, the employees will receive a supplement for years of service.

The process of translating legal acts into the languages of Abkhazian, Ossetian and other ethnic minorities and placing them on the website of the Legislative Gazette will be actively continued. In particular, it was noted that at this stage, in total, 60 translated normative acts are available, the number of which should increase to 100 by the end of 2023.

The development of approaches based on scientific conclusions and in-depth analytics in the law-making process will again be a priority. For this purpose, intensive cooperation with higher educational institutions and the National Academy of Sciences of Georgia will continue. Also, work will be actively conducted in the format of the scientific-advisory council with the Ministry. In addition, in 2023, it is planned to publish four issues of the "Iustitia" magazine and launch a new legal online discussion platform.

In order to promote the involvement of civil society in the activities of the Ministry of Justice system, projects focused on strengthening the protection of human rights, introducing innovative services and strengthening legal security will be implemented.

At the meeting, the importance of continuous training of employees of the Ministry's system was emphasized and information about new training programs was presented. Attention was focused on the opening of a new training base for penitentiary service employees in 2023.

Another novelty of 2023 is the start of the operation of the "Justice" studio. The studio will be a professional media outlet for lawyers, will promote the legal profession, promote legal awareness and public involvement in legal discourse.

Special attention was paid to the protection of the state's interests in international courts. After Georgia won all disputes against Russia in Strasbourg and Hague courts, active work will be carried out to effectively enforce the decisions of international courts.

Attention was focused on the sharp trend of decreasing complaints against Georgia in the Strasbourg Court. In particular, as of 2023, only 155 complaints filed against Georgia will be considered in the Strasbourg Court, which is a historical minimum for Georgia during its membership of the Council of Europe. For comparison: between 2009 and 2012, the European Court considered 3,000 to 4,000 complaints filed against Georgia. The apparent decrease in complaints in the International Court of Justice is an expression of the reforms implemented by the Georgian authorities in the field of justice since 2012, as a result of which the people of Georgia have regained their trust in state institutions and they can protect their rights within the country.

The interests of the state will be actively protected in international arbitrations. This year, the priority will be the enforcement of 3 disputes won last year, within the framework of which the state avoided damages in the amount of 330 million GEL and gained the right to receive compensation in the amount of 187 million GEL. On the other hand, contracts will continue to be signed with bona fide investors, within the framework of which public and private interests will be fairly balanced.

In order to make the process of approximation of Georgian legislation with EU law even more effective, an electronic portal will be launched in 2023, where all the legal acts of the European Union, which Georgia is obliged to approximate, will be displayed, and the level of legal harmonization will be measured automatically. In parallel with the above, the Ministry of Justice will conduct a legal examination of the normative acts developed in order to bring them closer to the EU law.

In order to further deepen sectoral cooperation in the field of justice, this year high-level meetings and legal forums will be held with up to 20 states, which, on the one hand, will contribute to the consolidation of the support of partner states in the European integration process and, on the other hand, will create a legal basis for protecting the interests of Georgian citizens living abroad.

At the end of the meeting, Prime Minister of Georgia Irakli Gharibashvili gave new tasks to the Minister of Justice and his deputies.

The meeting participants discussed the plans of the Ministry of Justice for 2023. The head of the government heard information from the officials of the Ministry of Justice about all the activities that the agency is planning for the current year.

At the meeting, it was noted that three main directions remain the priority of the Ministry of Justice: protection of human rights, provision of legal security of the country and accessible services for citizens.

In the direction of state services, attention was focused on projects, such as systematic land registration and systematic addressing, which started in 2022.

Within the framework of systematic land registration, the state measures and registers land plots free of charge for citizens in 59 municipalities according to a pre-established schedule. 187,720 plots of land (57,151.26 ha) have been measured within the scope of field work since the beginning of the project. 95,617 plots (39,420.6 ha) were registered within the framework of systematic registration; Within the scope of sporadic registration, 15,833 plots (4,902 ha) were registered.

The systematic registration will be completed by the end of 2024 and as a result of the project, not only unregistered land plots will be registered, but also the overlapping/superpositions of the land plots registered years ago will be corrected, the identity of the owners will be clarified, the boundaries of the plots will be determined, disputes will be reduced/prevented, and the registered real estate will be included in the economic turnover.

Systematic addressing will be completed in 2024, and within the framework of the project, 78% of unaddressed settlements will be addressed across the country, namely: formation of streets, numbering of all immovable objects and reflection of addresses in the registry of rights to immovable objects. A single electronic database of addresses is being provided to relevant organizations (police, ambulance, post office, etc.). In addition, the borders of municipalities and settlements will be clarified.

At the meeting, the Prime Minister also heard the report on the implementation of the 2022-2025 services development strategy approved by the government in 2022. The strategy involves the development of a unified standard for the creation, delivery, quality assurance and evaluation of state services and the provision of state services to the population with this unified standard. There is an active cooperation between the agencies in order to implement the strategy, and by the end of the year it is planned that the 7 selected state agencies will be guided by a single standard in the part of state services.

During the conversation, measures implemented by the Ministry of Justice related to the implementation of the new Law on Entrepreneurs were also mentioned. The Ministry of Justice has introduced services adapted to the new law, and the agency is conducting an active information campaign to help entrepreneurs fulfill their obligations under the law, which involves bringing registered data into compliance with the new law by the end of 2023.

The Prime Minister also heard a report on increasing the availability of notary services. In 2022, the age limit for holding the position of notaries was increased; Also, the total number of notaries increased and the geographical area of notary offices expanded. As for the innovations in this direction, it is planned to strengthen cooperation within the framework of the memorandum signed with Germany, to introduce training courses for notaries, to cooperate with research centers and others.

It was mentioned at the meeting that the Ministry of Justice is planning to switch to even higher quality new generation identification documents in the near future, thus the highest standards of modern security will be observed; Digital signature (so-called Mobile ID) will be introduced and the Digital Public Service Hall application will be launched.

The conversation touched upon the construction of new Public Service Halls. In 2023, new Public Service Halls will be opened in Zestafon, Terjola, Samtredia, Akhmeta and Khashuri. Construction will begin in Khelvachauri, Tsais, Toli, Zot, Sachkhere, Shrosha, Mtskheta, Sagarejo, Gldani; The area of the Mobile Public Service Hall will be expanded, their number will increase to 20, and the innovative service will be available in all regions of Georgia.

In 2023, the Ministry of Justice will continue to introduce innovative services. Among them will be new projects of the Public Service Hall - personal assistant, self-service smart space and artificial intelligence in the field of telephone services. It is planned to open a holographic museum of law. Projects electronic assistant and rent/lease contract monitoring system will be introduced in the National Bureau of Enforcement.

The management of the Ministry of Justice noted that compared to 2020, the budget of the Ministry of Justice has actually doubled, for example in 2020 - 389,626,000 (state budget - 238,813,000 GEL, agency budget - 150,813,000) GEL, and in 2023 - 758,800,000 GEL ( state budget - 392 400 000 GEL, agency budget - 366 400 000 GEL). The Minister of Justice and his deputies thanked the Prime Minister for this support.

The conversation touched upon the probation system, emphasizing the reforms carried out, the most important link of which is the probation box. In its article, the European Probation Confederation (CEP) recognized Probbox as an innovation on a European scale. The draft of the Probation Code was discussed at the meeting as well, which, like the Penitentiary Code, will offer a number of innovations and benefits to employees of the probation system, as well as to probationers and other beneficiaries of the LEPL; The newly introduced unified electronic case management system for probationers and ex-prisoners was highlighted, which plays a vital role in the smooth and fast functioning of the LEPL.

The plan for opening new spaces for diversion-mediation and juvenile referral throughout Georgia was also presented.

In order to introduce the first, second and third level of prevention, a new project was discussed – an online crime prevention course for teachers and an orientation course for probationers. It was noted that this year the beneficiaries of the National Agency for Crime Prevention, Non-custodial Sentences and Probation will use the mobile application PROBAPP so that they can receive services related to the agency without leaving their homes. The conversation also touched on the role of the "Re-Market" store in the re-socialization process of prisoners, and the opening of two new stores in Kutaisi and Batumi was announced.

News in the field of archival services were also discussed - the construction of the Shida Kartli regional archive building and the design of the Mtskheta-Mtianeti regional archive building will begin this year.

At the meeting, the participants talked about the priority of the penitentiary system - replacing large semi-open institutions with small penitentiary institutions. For this purpose, a penitentiary facility for up to 700 convicts will be opened in Laituri.

In order to improve the availability and quality of higher education in the system, it is planned to expand digital education and introduce it in other penitentiary institutions within the framework of the innovative educational project Digital University. Sports festivals in various sports will continue. For this purpose, reconstruction-rehabilitation of sports fields in penitentiary institutions was carried out and it is planned to be fully equipped with sports equipment.

At the meeting, care for the employees of the Special Penitentiary Service and improvement of working conditions were emphasized as one of the main directions. For this purpose, from January 1, 2023, for the first time in the penitentiary system of Georgia, employees working in penitentiary institutions with an 8-hour work schedule are provided with one free meal; A 24-hour duty shift is provided with three meals a day.

Among the future plans, attention was focused on improving the living conditions of convicts, increasing the number of employed convicts and rehabilitation programs. It was mentioned that it is planned to develop the concept of preparation for release.

At the meeting, the participants also talked about the design and construction of a new small penitentiary institution, the design of the fire safety system in all penitentiary institutions and the introduction of modern security systems, plans to solve the needs of the institutions.

It was noted that the registration of accused/convicted persons in the penitentiary system is being produced by the new OIS program. The new OIS program is a flexible information system that not only allows obtaining complete information on each prisoner, but also creates the possibility of extracting and processing statistical and analytical data.

Activities planned in the direction of legislative activities were discussed at the meeting as well. It was noted that in 2023 it is planned to adopt a new Penal Code, which will improve the working conditions of the employees of the special penitentiary service and the legal status of persons in penitentiary institutions. For example, the accused will be granted a long appointment; All kinds of dating will become completely free; Except for high-risk convicts, everyone will have the right to receive higher education; The living conditions of accused and convicted persons will be equalized; All units of the penitentiary service will be given a special status, which will equalize and improve the conditions of employees; the circle of persons with special rank will be expanded; In addition to official and rank salary, the employees will receive a supplement for years of service.

The process of translating legal acts into the languages of Abkhazian, Ossetian and other ethnic minorities and placing them on the website of the Legislative Gazette will be actively continued. In particular, it was noted that at this stage, in total, 60 translated normative acts are available, the number of which should increase to 100 by the end of 2023.

The development of approaches based on scientific conclusions and in-depth analytics in the law-making process will again be a priority. For this purpose, intensive cooperation with higher educational institutions and the National Academy of Sciences of Georgia will continue. Also, work will be actively conducted in the format of the scientific-advisory council with the Ministry. In addition, in 2023, it is planned to publish four issues of the "Iustitia" magazine and launch a new legal online discussion platform.

In order to promote the involvement of civil society in the activities of the Ministry of Justice system, projects focused on strengthening the protection of human rights, introducing innovative services and strengthening legal security will be implemented.

At the meeting, the importance of continuous training of employees of the Ministry's system was emphasized and information about new training programs was presented. Attention was focused on the opening of a new training base for penitentiary service employees in 2023.

Another novelty of 2023 is the start of the operation of the "Justice" studio. The studio will be a professional media outlet for lawyers, will promote the legal profession, promote legal awareness and public involvement in legal discourse.

Special attention was paid to the protection of the state's interests in international courts. After Georgia won all disputes against Russia in Strasbourg and Hague courts, active work will be carried out to effectively enforce the decisions of international courts.

Attention was focused on the sharp trend of decreasing complaints against Georgia in the Strasbourg Court. In particular, as of 2023, only 155 complaints filed against Georgia will be considered in the Strasbourg Court, which is a historical minimum for Georgia during its membership of the Council of Europe. For comparison: between 2009 and 2012, the European Court considered 3,000 to 4,000 complaints filed against Georgia. The apparent decrease in complaints in the International Court of Justice is an expression of the reforms implemented by the Georgian authorities in the field of justice since 2012, as a result of which the people of Georgia have regained their trust in state institutions and they can protect their rights within the country.

The interests of the state will be actively protected in international arbitrations. This year, the priority will be the enforcement of 3 disputes won last year, within the framework of which the state avoided damages in the amount of 330 million GEL and gained the right to receive compensation in the amount of 187 million GEL. On the other hand, contracts will continue to be signed with bona fide investors, within the framework of which public and private interests will be fairly balanced.

In order to make the process of approximation of Georgian legislation with EU law even more effective, an electronic portal will be launched in 2023, where all the legal acts of the European Union, which Georgia is obliged to approximate, will be displayed, and the level of legal harmonization will be measured automatically. In parallel with the above, the Ministry of Justice will conduct a legal examination of the normative acts developed in order to bring them closer to the EU law.

In order to further deepen sectoral cooperation in the field of justice, this year high-level meetings and legal forums will be held with up to 20 states, which, on the one hand, will contribute to the consolidation of the support of partner states in the European integration process and, on the other hand, will create a legal basis for protecting the interests of Georgian citizens living abroad.

At the end of the meeting, Prime Minister of Georgia Irakli Gharibashvili gave new tasks to the Minister of Justice and his deputies.

The applicant disputed the legality of the preventive measure (imprisonment) applied to him within the framework of two criminal cases from July 2014 to September 2015. He also claimed that the only purpose of his imprisonment was to remove him from political scene.

According to today's decision of the Strasbourg Court, the arrest of the applicant in July 2014 was based on a reasonable suspicion of his commission of a crime, which was supported by a number of evidences obtained by the prosecution. The European Court agreed with the reasoning of the national courts to the extent that there were threats from the applicant to obstruct the investigation, influence witnesses and concealment.

The Strasbourg Court also did not share the applicant's contention that he was persecuted on political grounds. In particular, the European Court rejected the applicant's argument that the main motive of the state in the context of the investigation and the use of detention was to withdraw him from political scene. The court clarified that high political status does not mean immunity from criminal liability. The ECHR also emphasized the independence of national courts from the executive power, noting that no evidence had been presented to question the independence of national courts. Accordingly, according to the court's decision, there was no violation of Article 18 (scope of the use of rights restrictions) and the above-mentioned processes did not serve to remove the applicant from the political scene.

With today's decision, the European Court found a violation of the Convention in relation to two episodes, in both cases, the legislation and practice in force before 2015 were the subject of the European Court's criticism.

In particular, regarding the legality of the applicant's arrest, the European Court noted that under the legislation in force in 2015, there was a practice of imposing detention as a preventive measure in separate, parallel or consecutive criminal proceedings under Article 205 of the Code of Criminal Procedure, which the Constitutional Court considered on September 15, 2015 inconsistent with the Constitution of Georgia. Accordingly, the European Court shared the findings of the Constitutional Court, and considered that in July 2014, leaving the applicant in custody after 9 months of the initial period of detention constituted a violation of the Convention. The European Court also found that the applicant's continued detention was not properly justified by the national courts.

It should be noted that both issues have been eliminated by the current legislation and practice. In particular, on the basis of the above-mentioned decision of the Constitutional Court, the practice of imprisonment in parallel ongoing criminal cases has been changed. In addition, in the case of prolonged imprisonment, according to the legislation in force today, the need for continued imprisonment is automatically reviewed every two months.

Today, the European Court of Human Rights published its decision on the case "Ugulava v. Georgia" and found that the arrest of Giorgi Ugulava in 2014-2015 was not aimed at hindering his political activities.

The applicant disputed the legality of the preventive measure (imprisonment) applied to him within the framework of two criminal cases from July 2014 to September 2015. He also claimed that the only purpose of his imprisonment was to remove him from political scene.

According to today's decision of the Strasbourg Court, the arrest of the applicant in July 2014 was based on a reasonable suspicion of his commission of a crime, which was supported by a number of evidences obtained by the prosecution. The European Court agreed with the reasoning of the national courts to the extent that there were threats from the applicant to obstruct the investigation, influence witnesses and concealment.

The Strasbourg Court also did not share the applicant's contention that he was persecuted on political grounds. In particular, the European Court rejected the applicant's argument that the main motive of the state in the context of the investigation and the use of detention was to withdraw him from political scene. The court clarified that high political status does not mean immunity from criminal liability. The ECHR also emphasized the independence of national courts from the executive power, noting that no evidence had been presented to question the independence of national courts. Accordingly, according to the court's decision, there was no violation of Article 18 (scope of the use of rights restrictions) and the above-mentioned processes did not serve to remove the applicant from the political scene.

With today's decision, the European Court found a violation of the Convention in relation to two episodes, in both cases, the legislation and practice in force before 2015 were the subject of the European Court's criticism.

In particular, regarding the legality of the applicant's arrest, the European Court noted that under the legislation in force in 2015, there was a practice of imposing detention as a preventive measure in separate, parallel or consecutive criminal proceedings under Article 205 of the Code of Criminal Procedure, which the Constitutional Court considered on September 15, 2015 inconsistent with the Constitution of Georgia. Accordingly, the European Court shared the findings of the Constitutional Court, and considered that in July 2014, leaving the applicant in custody after 9 months of the initial period of detention constituted a violation of the Convention. The European Court also found that the applicant's continued detention was not properly justified by the national courts.

It should be noted that both issues have been eliminated by the current legislation and practice. In particular, on the basis of the above-mentioned decision of the Constitutional Court, the practice of imprisonment in parallel ongoing criminal cases has been changed. In addition, in the case of prolonged imprisonment, according to the legislation in force today, the need for continued imprisonment is automatically reviewed every two months.

Georgia and the United States are further enhancing their law enforcement and judicial cooperation by negotiating a bilateral extradition treaty between the two countries. From January 31 through [February 2], 2023, negotiations between the United States, represented by the Department of State and the Department of Justice, and Georgia, represented by the Ministry of Justice and the Prosecution Service of Georgia, took place in Tbilisi, Georgia.

Georgia and the United States have enjoyed a rich history of law enforcement and judicial cooperation spanning 30 years, including collaborating on large scale transnational fraud, organized crime, money laundering, human trafficking, and other serious offenses. Through many years of law enforcement cooperation, the two countries have built a strong partnership and trust, and this is the next step in building that relationship.

Once finalized and ratified, this bilateral treaty will benefit both countries by facilitating bringing criminals to justice more effectively and efficiently.

Minister of Justice, Rati Bregadze held a meeting today with Head of the Chamber of Notaries of the Federal Republic of Germany, Richard Bock.

Rati Bregadze and Richard Bock talked about the measures to be implemented in the direction of the development of notary law, within the framework of which joint educational events and trainings of Georgian-German notaries will be planned.

At the meeting, the Minister of Justice noted that the Chamber of Notaries of Georgia is a member of the International Union of Notaries and constantly takes care of its development. The agency responds to modern challenges and requirements, the result of which is the electronic registry of notarial acts operating in Georgia. Citizens receive remote services through electronic communication, and these methods are improving in the wake of the development of modern technological capabilities.

According to the Minister, the Ministry of Justice works intensively for the development of the capabilities of the Chamber of Notaries and the notaries themselves. One of the priority directions is the introduction of modern technologies in order to further simplify the process of notaries' activities and to raise the level of their service provision. In this regard, the issue of improving online and remote performance of notarial actions is particularly relevant.

While talking to Richard Bock, Rati Bregadze was interested in the issue of digitalization and preparation of electronic legal transactions.

At the end of the meeting, the Minister of Justice told the Head of the Chamber of Notaries of the Federal Republic of Germany that he plans to share the best practices of German notaries and legal specialists in this matter.

The destructive behaviour the radical opposition engages in to maintain its political vitality is no novelty to our society. Hence, it should not come as a surprise that they are trying to politicize the human health to achieve their political goals, and even make it an object of manipulation.

An active campaign, which has been underway for the past two days to have prisoner Mikheil Saakashvili transferred to an intensive care unit, is aimed to create an erroneous impression of his real health condition, artificially build emotional tension and intentionally portray as unfair the government’s actions. It was part of this campaign that Saakashvili’s lawyer and members of his political team spread the fake news the prisoner had allegedly been moved to intensive care."

When it comes to medical treatment, we rely on the opinion of healthcare professionals, rather than on the misleading and groundless allegations of some politically motivated persons. According to yesterday's statement by the Vivamed Clinic director, the patient has no swallowing problems or any other disorder that would prevent food intake. The defendant was offered a parenteral nutrition, which he categorically rejected claiming that he would only agree to it if he were placed in intensive care. Physiological parameters of the patient remain within the norm and his body mass index does not qualify him for ICU admission. This means that there is no objective reason for referring the patient to an intensive care unit. Hence, it is necessary for our society to know that the parenteral nutrition that can be freely administered in the hospital ward where defendant Saakashvili is currently placed, is made impossible by the defendant himself who refuses to be administered intravenous nutrition and prevents the medical staff from carrying out their duties. As for ultimatums and threats of self-harm, they are categorically unacceptable to us and to our society.

This refusal by the defendant is but an act of self-injury for which the responsibility rests with the defendant himself and those persons who are actively engaged in various forms of encouraging and promoting self-harm. We would like to remind our society that when the defendant went on hunger strike, the penitentiary authorities called on him to end the hunger strike, while the politically motivated persons continued to encourage him to deteriorate his health-condition by refusing food intake.

In response to his lawyers’ allegations that he might be poisoned, we offered the defendant toxicological examination which he rejected. He refuses to provide samples for forensic examination, which indicated that he is not interested in ascertaining the truth.

In line with our duty to take care of his health, we suggested to defendant Saakashvili and his lawyers to invite medical professionals from any foreign clinic,whom we would assist to engage in his treatment. However, they did not respond to this offer either.. Hunger, insufficient caloric intake, failure to submit samples required for forensic examination, selective administration of medications, constant threats and insults to medical staff and direct or indirect encouragement of such actions are far from being the behaviour of the person who is interested in the defendant’s health. Quite the contrary, this whole chain of activities is aimed at worsening the state of his health and thereby making it possible to avoid the sentence.

Undoubtedly, our duty is to take care of the health of the prisoner, which we always perform for any prisoner. The convict Saakashvili received timely medical assistance at all stages of detention, and he is still in the clinic.

Since 2012, the shameful period of torture and inhuman treatment of prisoners in penitentiaries has gone down in history in Georgia. Today’s Georgian state operates in accordance with the highest standards of human rights in relation to prisoners.

The Ministry of Justice, the Special Penitentiary Service, a medical institution and individual doctors cannot be held liable for self-mutilation of a prisoner, including failure to comply with medical prescriptions.
Considering the 500-day political campaign, the behaviour of the prisoner towards the medical staff and his regular self-harm, the employees of the Special Penitentiary Service and medical personnel have to perform their duties in difficult conditions, and it is unacceptable that these people become objects of insults and threats.

In addition, any attempt to shift responsibility for self-mutilation of a prisoner to those persons through political campaigns is categorically unacceptable. I would like to take this opportunity to thank these people for their decent service.

We are witnessing a political campaign aimed at harming the image of the state, and a completely unacceptable attempt by a particular prisoner to secure an escape from prison through self-harm. Based on the interests of the state, it is natural that the Minister of Justice cannot be loyal to this fact. Since this is a dangerous precedent that could have an encouraging effect on the behaviour of other prisoners, it may become a serious challenge to national security.

I’ll repeat again that we can only be held responsible for the proper performance of our duty, but in no way for the self-harm of a prisoner, manifested in his selective intake of non-caloric food and regular non-compliance with medical prescriptions.

Based on the best interests of the prisoner’s health, we call on everyone to immediately stop supporting the self-mutilation of prisoner Mikheil Saakashvili, call on him to follow medical recommendations that are beneficial for his health and stop politicizing the issue of the execution of the sentence.

Georgia is a state of law, which, on the one hand, protects the rights of the prisoner, and at the same time ensures the enforcement of the law, which in this case is expressed by the execution of the sentence.”

"We will make a statement regarding the campaign to transfer Mikheil Saakashvili to an intensive care unit and will give an outline of the injury acts prisoner Mikheil Saakashvili has caused to himself.

The destructive behaviour the radical opposition engages in to maintain its political vitality is no novelty to our society. Hence, it should not come as a surprise that they are trying to politicize the human health to achieve their political goals, and even make it an object of manipulation.

An active campaign, which has been underway for the past two days to have prisoner Mikheil Saakashvili transferred to an intensive care unit, is aimed to create an erroneous impression of his real health condition, artificially build emotional tension and intentionally portray as unfair the government’s actions. It was part of this campaign that Saakashvili’s lawyer and members of his political team spread the fake news the prisoner had allegedly been moved to intensive care."

When it comes to medical treatment, we rely on the opinion of healthcare professionals, rather than on the misleading and groundless allegations of some politically motivated persons. According to yesterday's statement by the Vivamed Clinic director, the patient has no swallowing problems or any other disorder that would prevent food intake. The defendant was offered a parenteral nutrition, which he categorically rejected claiming that he would only agree to it if he were placed in intensive care. Physiological parameters of the patient remain within the norm and his body mass index does not qualify him for ICU admission. This means that there is no objective reason for referring the patient to an intensive care unit. Hence, it is necessary for our society to know that the parenteral nutrition that can be freely administered in the hospital ward where defendant Saakashvili is currently placed, is made impossible by the defendant himself who refuses to be administered intravenous nutrition and prevents the medical staff from carrying out their duties. As for ultimatums and threats of self-harm, they are categorically unacceptable to us and to our society.

This refusal by the defendant is but an act of self-injury for which the responsibility rests with the defendant himself and those persons who are actively engaged in various forms of encouraging and promoting self-harm. We would like to remind our society that when the defendant went on hunger strike, the penitentiary authorities called on him to end the hunger strike, while the politically motivated persons continued to encourage him to deteriorate his health-condition by refusing food intake.

In response to his lawyers’ allegations that he might be poisoned, we offered the defendant toxicological examination which he rejected. He refuses to provide samples for forensic examination, which indicated that he is not interested in ascertaining the truth.

In line with our duty to take care of his health, we suggested to defendant Saakashvili and his lawyers to invite medical professionals from any foreign clinic,whom we would assist to engage in his treatment. However, they did not respond to this offer either.. Hunger, insufficient caloric intake, failure to submit samples required for forensic examination, selective administration of medications, constant threats and insults to medical staff and direct or indirect encouragement of such actions are far from being the behaviour of the person who is interested in the defendant’s health. Quite the contrary, this whole chain of activities is aimed at worsening the state of his health and thereby making it possible to avoid the sentence.

Undoubtedly, our duty is to take care of the health of the prisoner, which we always perform for any prisoner. The convict Saakashvili received timely medical assistance at all stages of detention, and he is still in the clinic.

Since 2012, the shameful period of torture and inhuman treatment of prisoners in penitentiaries has gone down in history in Georgia. Today’s Georgian state operates in accordance with the highest standards of human rights in relation to prisoners.

The Ministry of Justice, the Special Penitentiary Service, a medical institution and individual doctors cannot be held liable for self-mutilation of a prisoner, including failure to comply with medical prescriptions.
Considering the 500-day political campaign, the behaviour of the prisoner towards the medical staff and his regular self-harm, the employees of the Special Penitentiary Service and medical personnel have to perform their duties in difficult conditions, and it is unacceptable that these people become objects of insults and threats.

In addition, any attempt to shift responsibility for self-mutilation of a prisoner to those persons through political campaigns is categorically unacceptable. I would like to take this opportunity to thank these people for their decent service.

We are witnessing a political campaign aimed at harming the image of the state, and a completely unacceptable attempt by a particular prisoner to secure an escape from prison through self-harm. Based on the interests of the state, it is natural that the Minister of Justice cannot be loyal to this fact. Since this is a dangerous precedent that could have an encouraging effect on the behaviour of other prisoners, it may become a serious challenge to national security.

I’ll repeat again that we can only be held responsible for the proper performance of our duty, but in no way for the self-harm of a prisoner, manifested in his selective intake of non-caloric food and regular non-compliance with medical prescriptions.

Based on the best interests of the prisoner’s health, we call on everyone to immediately stop supporting the self-mutilation of prisoner Mikheil Saakashvili, call on him to follow medical recommendations that are beneficial for his health and stop politicizing the issue of the execution of the sentence.

Georgia is a state of law, which, on the one hand, protects the rights of the prisoner, and at the same time ensures the enforcement of the law, which in this case is expressed by the execution of the sentence.”

In particular, according to the assessment of the European Court, the Georgian legislation regulating the use of force/weapons by law enforcement officers met the standards established by the Strasbourg Court. The Court took into account the fact that the operation to arrest Temirlan Machalikashvili was carried out in the context of the fight against terrorism, and armed resistance was expected from him. According to the decision of the European Court, the version established by the investigation is reliable, that Temirlan Machalikashvili, during his arrest, did not obey the instruction of a member of the special forces and tried to use a hand grenade, at which time a shot was fired at him. According to the assessment of the Strasbourg court, there is no evidence that would give rise to a reasonable assumption that Temirlan Machalikashvili died under such circumstances that would trigger the state's responsibility. Accordingly, no violation of the essential part of Article 2 (right to life) of the European Convention was established.

As for the procedural issue, the European Court noted that the Prosecutor's Office immediately started an investigation into the case, although the initial investigative actions were carried out by the State Security Service as part of the counter-terrorist operation, therefore, the same body obtained the initial evidence of the person who conducted the operation.

The European Court did not share the arguments of the applicants that the investigation carried out by the Prosecutor's Office was limited only to establishing the circumstances of the wounding of Temirlan Machalikashvili and noted that the members of the special task force were also questioned about the instructions given to them before the special operation, which testifies that the Prosecutor's Office was investigating not only the conduct of the special operation, but also its planning.

The court also responded to the claim of the complainants regarding the movement of the hand grenade after the special operation and stated that since Temirlan Machalikashvili was wounded during the operation, it was necessary to provide him with first aid on the spot, which is why it became necessary to remove the items in the room, including the hand grenade. According to the court's assessment, it is true that due to the aforementioned, further investigation was hindered in establishing separate circumstances, however, the need to find first aid for a seriously injured person should be given priority over the need to keep the investigation site intact.

According to the decision of the Strasbourg Court, the authorities of the Prosecutor's Office of Georgia took a number of measures in order to fully collect the evidence. Almost everyone involved in and related to the incident was interviewed, including the appellants, the officers involved in the operation of the Special Tasks Department, their supervisors, as well as medical personnel, a number of examinations were conducted and other types of evidence were obtained, although the special forces were interviewed after five weeks because their identity was not made public and the appropriate procedures were ongoing.

The European Court positively evaluated the participation of the applicants in the present case in the investigation process. In particular, the complainants had the opportunity to familiarize themselves with the investigation material, and the investigative body met the complainants' demands regarding the conduct of investigative activities. It was at their request that the head, deputy head and officers of the anti-terrorist department of the State Security Service were additionally questioned. However, the court also noted that they could not get to know the secret part of the case until the final stage of the investigation.

Due to the individual deficiencies mentioned at the initial stage of the investigation, according to the European Court, the procedural part of Article 2 of the Convention was violated.

As for the claims of the petitioners regarding their improper treatment during the special operation, they are clearly unfounded.

The Strasbourg court, based on the documentation submitted by the government, first noted that the counter-terrorist operation served the legitimate purpose of arresting Temirlan Machalikashvili and searching his house. Accordingly, the court did not question the reasonable grounds and necessity of the counter-terrorist operation. As for the psychological impact of the operation, due to the nature of the counter-terrorist operation, the European Court found that the stress caused by the operation is an accompanying emotion, and there is no evidence within the scope of the case to prove that the applicants suffered more negative emotional effects based on the actions of the representatives of the State Security Service than those associated with this type of special operation process. While discussing this issue, the court also emphasized the fact that the applicants, at the first stage, did not make any claims regarding the actions of the representatives of the State Security Service.

The court awarded the applicants jointly EUR 10,000 for non-pecuniary damage and EUR 15,000 for costs.

The European Court of Human Rights published its decision on the case "Machalikashvili and others v. Georgia" and determined that Article 2 of the European Convention (right to life) was not violated in the essential part.

In particular, according to the assessment of the European Court, the Georgian legislation regulating the use of force/weapons by law enforcement officers met the standards established by the Strasbourg Court. The Court took into account the fact that the operation to arrest Temirlan Machalikashvili was carried out in the context of the fight against terrorism, and armed resistance was expected from him. According to the decision of the European Court, the version established by the investigation is reliable, that Temirlan Machalikashvili, during his arrest, did not obey the instruction of a member of the special forces and tried to use a hand grenade, at which time a shot was fired at him. According to the assessment of the Strasbourg court, there is no evidence that would give rise to a reasonable assumption that Temirlan Machalikashvili died under such circumstances that would trigger the state's responsibility. Accordingly, no violation of the essential part of Article 2 (right to life) of the European Convention was established.

As for the procedural issue, the European Court noted that the Prosecutor's Office immediately started an investigation into the case, although the initial investigative actions were carried out by the State Security Service as part of the counter-terrorist operation, therefore, the same body obtained the initial evidence of the person who conducted the operation.

The European Court did not share the arguments of the applicants that the investigation carried out by the Prosecutor's Office was limited only to establishing the circumstances of the wounding of Temirlan Machalikashvili and noted that the members of the special task force were also questioned about the instructions given to them before the special operation, which testifies that the Prosecutor's Office was investigating not only the conduct of the special operation, but also its planning.

The court also responded to the claim of the complainants regarding the movement of the hand grenade after the special operation and stated that since Temirlan Machalikashvili was wounded during the operation, it was necessary to provide him with first aid on the spot, which is why it became necessary to remove the items in the room, including the hand grenade. According to the court's assessment, it is true that due to the aforementioned, further investigation was hindered in establishing separate circumstances, however, the need to find first aid for a seriously injured person should be given priority over the need to keep the investigation site intact.

According to the decision of the Strasbourg Court, the authorities of the Prosecutor's Office of Georgia took a number of measures in order to fully collect the evidence. Almost everyone involved in and related to the incident was interviewed, including the appellants, the officers involved in the operation of the Special Tasks Department, their supervisors, as well as medical personnel, a number of examinations were conducted and other types of evidence were obtained, although the special forces were interviewed after five weeks because their identity was not made public and the appropriate procedures were ongoing.

The European Court positively evaluated the participation of the applicants in the present case in the investigation process. In particular, the complainants had the opportunity to familiarize themselves with the investigation material, and the investigative body met the complainants' demands regarding the conduct of investigative activities. It was at their request that the head, deputy head and officers of the anti-terrorist department of the State Security Service were additionally questioned. However, the court also noted that they could not get to know the secret part of the case until the final stage of the investigation.

Due to the individual deficiencies mentioned at the initial stage of the investigation, according to the European Court, the procedural part of Article 2 of the Convention was violated.

As for the claims of the petitioners regarding their improper treatment during the special operation, they are clearly unfounded.

The Strasbourg court, based on the documentation submitted by the government, first noted that the counter-terrorist operation served the legitimate purpose of arresting Temirlan Machalikashvili and searching his house. Accordingly, the court did not question the reasonable grounds and necessity of the counter-terrorist operation. As for the psychological impact of the operation, due to the nature of the counter-terrorist operation, the European Court found that the stress caused by the operation is an accompanying emotion, and there is no evidence within the scope of the case to prove that the applicants suffered more negative emotional effects based on the actions of the representatives of the State Security Service than those associated with this type of special operation process. While discussing this issue, the court also emphasized the fact that the applicants, at the first stage, did not make any claims regarding the actions of the representatives of the State Security Service.

The court awarded the applicants jointly EUR 10,000 for non-pecuniary damage and EUR 15,000 for costs.