Torture (Article 144¹ of the Criminal Code of Georgia) is an extremely serious crime involving the infliction of severe physical or mental pain/suffering on a person. The purpose may be to obtain information (confession), punish, intimidate, or discriminate. Torture is often associated with public officials (police, prison administration), although private individuals can also be subjects. Besides torture, legislation covers the threat of torture (Article 144²) and degrading or inhuman treatment (Article 144³), which are also strictly punished. These crimes fall under international human rights law and are often viewed through the lens of the European Court of Human Rights (ECHR) practice. The charge is very serious and carries long-term imprisonment. The lawyer's role is twofold: to protect the victim of torture and achieve justice, or to defend the accused from baseless charges and prove that the act did not contain signs of torture (e.g., was a necessary use of force).
What does Torture Defense service cover?
Lawyers experienced in human rights protection offer:
- Applying international standards: Conducting the case in accordance with Article 3 of the European Convention (Prohibition of Torture).
- Medical and psychological expertise: Conducting examinations based on the Istanbul Protocol to detect traces of torture (physical and psychological).
- Representation in the State Inspector's Service: Filing complaints and monitoring investigations into crimes committed by law enforcement.
- Defense of the accused: Proving that the use of force was proportional and lawful (e.g., by a police officer during arrest while facing resistance).
- Strasbourg Court (ECHR): Preparing and filing applications to the European Court of Human Rights if justice is not served at the national level.
Common Situations and Scenarios
Torture allegations are often related to:
- Police custody: Physical or psychological pressure on a detainee to obtain a confession.
- Penitentiary institutions: Inhuman treatment of prisoners by administration or other inmates.
- Kidnapping: Torturing a victim while demanding a ransom.
- Discriminatory motive: Particular cruelty towards a person based on ethnicity, religion, or sexual orientation.
Georgian Legislation and Legal Framework
Articles 144¹-144³ form the legislative framework against torture. Torture is punishable by imprisonment from 7 to 10 years, and in aggravating circumstances — from 9 to 15 years. The Constitution of Georgia and international acts prohibit torture under any circumstances (absolute right). The defense strategy depends on the client's position: for victims — gathering evidence (medical reports); for the accused — distinguishing the act from torture (e.g., exceeding authority or bodily harm, which are lesser charges).
Service Delivery Process
The lawyer immediately requests a medical examination to document injuries. If the case involves an official, the Special Investigation Service gets involved. The lawyer works with the Public Defender's Office and human rights organizations for case publicity and monitoring.
Why choose a specialist on Legal.ge?
Torture cases require a highly qualified lawyer with experience in international law and human rights. Legal.ge gives you access to professionals who can withstand systemic pressure and achieve justice in the most severe cases.
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