Communicated on 10 July 2019
FIFTH SECTION
Application no. 29836/19
Ketevan KHMALADZE
against Georgia
lodged on 27 May 2019
SUBJECT MATTER OF THE CASE
The application concerns the alleged ill-treatment of the applicant in the course of her arrest and subsequently in the police department. According to the available medical evidence the applicant suffered multiple bruises on her body. She additionally alleges that two fingers on her right hand were broken as a result. On 28 March 2017 criminal proceedings were initiated under Article 333 of the Criminal Code (abuse of power) into the circumstances of her alleged ill-treatment. The proceedings are still pending; no suspect has been identified to date, and the applicant’s reiterated requests for victim status have been denied.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?
2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), has the investigation in the present case by the domestic authorities been in breach of Article 3 of the Convention? What is the current state of the proceedings in question? Was the applicant given the opportunity to participate effectively in the investigation?
Full & Egal Universal Law Academy