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19 Nov 2021

Statement Of The State Inspector’s Service

As it is known to the public, the State Inspector’s Service is investigating the fact of alleged inhuman treatment against the third president of Georgia Mikheil Saakashvili.

Since the beginning of the investigation, the State Inspector’s Service has been intensively conducting investigative and procedural actions: interviewing witnesses, requesting documents and video recordings, inspecting scenes being in the interest of the investigation, arranging examinations etc.

In parallel with the investigation, it is essential to protect the health, life, honor, dignity and safety of the party to the proceedings.

Regardless of the fact that, according to the Georgian legislation, the State Inspector’s Service is not authorized to imperatively request from the Special Penitentiary Service to transfer an accused/convicted person from one penitentiary institution to another (including a medical institution), after interviewing the third president of Georgia Mikheil Saakashvili, the State Inspector’s Service immediately (on 11 November 2021) wrote a letter to the Ministry of Justice of Georgia requesting to place Mikheil Saakashvili in conditions that would ensure the protection of his health, honor, dignity and safety.

The lack of legislative levers to protect an accused/convicted person and the need for legislative changes in this respect is underlined in the latest report submitted to the Parliament by the State Inspector’s Service - “none of the special protection measures provided for in the Criminal Procedure Code are tailored to the protection of a party to the proceedings placed in a penitentiary establishment. In practice, the Service has addressed a penitentiary establishment with a request to transfer a prisoner/convict to another institution and this request has been taken into account, although this depends on the free will of the penitentiary establishment. In view of the above, it is necessary to establish an effective system for the protection of witnesses with respect to alleged crimes committed by officials and regulate it at the legislative level” (page 184).

The State Inspector’s Service calls on all authorized persons, to take all necessary measures to protect the health, life, honor, dignity and safety of Mikheil Saakashvili. At the same time, we hope that effective steps will be taken to improve legislation in this direction.