The Association of Young Lawyers of Georgia appealed to the European Court of Human Rights regarding the death of 55-year-old Zviad Mtavrishvili, a resident of Kachreti village, Gurjaani district. According to the family members, Zviad Mtavrishvili was beaten by police officers a few days before his death, during which he suffered fatal head injuries.
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According to the Association of Young Lawyers, there is a violation of the rights protected by the 2nd (right to life) and 3rd (prohibition of torture) articles of the European Convention by the state.
Zviad Mtavrishvili was arrested by the police on March 22, 2019. The police explained that the man's underage niece called 112 and said that her uncle was going to throw her family members out of the house. According to the information of the Ministry of Internal Affairs, a restraining order was issued against the man and he was prohibited from any communication with the mother of the minor.
Ten days after the incident, on April 1, unconscious Zviad Mtavrishvili was admitted to Gurjaani hospital. As a result of examinations, it was confirmed that he had a traumatic subdural hemorrhage. On the same day, he was transferred to Ghudushauri clinic in Tbilisi, where he died on April 15.
In the report issued on the state of health, it is noted that Zviad Mtavrishvili was diagnosed with "coma, closed skull-brain injury, traumatic subdural hematoma of the left hemisphere, contusion of the brain, damage to the intermediate structures, acute respiratory failure."
According to family members and relatives, before Zviad Mvarishvili fell into a coma, he told them that on March 22, after his arrest, the police tied his hands and beat him severely on the head.
"When he returned home, he complained of a headache. His health condition deteriorated from the second day. He started having problems with memory. He did not go to the doctor. On April 1, when he lost consciousness, we took him to the hospital," recalls the sister of the deceased.
The Ministry of Internal Affairs denied the allegation of inhuman treatment and torture immediately after the death of Mtavrishvili. The ministry said that they looked at the video camera recordings in the Kachreti police station, interviewed the policemen who had direct contact with Zviad Mtavrishvili, but no violence or abuse was confirmed.
The Kakheti District Prosecutor's Office has started an investigation into the death of Zviad Mtavrishvili, under Article 333 of the Criminal Code - which means exceeding official authority by violence or using a weapon.
The sister of the deceased were recognized as a victim two years later, and the investigation has not been completed even three years after the incident.
According to the Association of Young Lawyers, the investigative body has not been able to ensure the appropriate examination, and the conducted procedural and investigative actions are characterized by a number of shortcomings. In the complaint submitted to the Stasburg court, Saya disputes that the state not only violated the obligation to conduct an effective and complete investigation into the case, but also that Zviad Mtavrishvili's death is probably a direct result of the actions of state officials - police officers.
