Communicated on 27 January 2020 Published on 17 February 2020

FIFTH SECTION

Application no. 62866/19 Ucha ILASHVILI against Georgia lodged on 29 November 2019

SUBJECT MATTER OF THE CASE

The application concerns the alleged ill-treatment of the applicant by police officers and the lack of an effective investigation into the incident. The applicant alleges that on 22-23 March 2019 he was ill-treated by police officers in the Gurjaani police department with the purpose of extracting an incriminating statement against his friend. Multiple injuries were established on his body and face during his visual examination upon his transfer to Kakheti temporary detention centre on 23 March 2019. On 30 March 2019 an investigation was initiated under Article 333 of the Criminal Code (abuse of power). Since then the proceedings have been pending; the applicant was repeatedly refused the status of a victim; he has no access to the case file; he has not been allowed to participate in the investigative actions, and all his requests concerning the progress of the investigation have remained unanswered. The applicant relies on Article 3 and Article 13 of the Convention.

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 Bouyid v. Belgium [GC], no. 23380/09, §§ 114 ‑ 23, ECHR 2015), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?

3. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 3, as required by Article 13 of the Convention?