Published on 2 November 2022

FIFTH SECTION

Application no. 43370/22 Koba KVINIKADZE and Gela KVINIKADZE against Georgia lodged on 18 August 2022 communicated on 11 October 2022

SUBJECT MATTER OF THE CASE

The application concerns the alleged ill-treatment of the applicants by several police officers and the ineffectiveness of the investigation conducted into the incident. In particular, the applicants allege that a verbal altercation with the head of the Kharagauli police department on 18 November 2018 erupted into their physical and verbal assault, which continued, after their arrest, at the police department. According to the available medical evidence, both applicants sustained various injuries to their body and face. On 19 November 2018 criminal proceedings were initiated into their allegations of ill-treatment. Since then, the investigation has been ongoing; no charges have been brought to date. The applicants rely on Article 3 and Article 13 of the Convention.

QUESTIONS TO THE PARTIES

1. Have the applicants 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?

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