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LAW ENFORCEMENT / Statement

EMC Statement on teenagers’ Suicide Case

On December 17, 2019, 15-year-old Luka Siradze passed away. The teenager attempted suicide a few days prior and unfortunately medical staff were unable to save his life. Several hours of interogation regarding illegal trasspassing and vandalism of one of private schools property preceded the tragic incident. The interrogation was carried out at the first police department of Didube-Chugureti division.

As maintaend by media, Siradze was alone with police officers twice during his questioning without parental or psycologist supervision. The Georgian Young Lawyers' Association is representing the teenager's interests in this case, and according to their statements, juvenile attempted suicide due to psychological pressure that he was subjected to by the investigation staff. In addition, according to the organization, Luka Siradze was confronted to other juveniles during the interrogations at the police station. Another teenager reportedly tried to commit suicide today.

This tragic event once again reveals the systemic challenges within the state agencies. Educational and law enforcement agencies were not able to identify the individual needs of the adolescent and to take supportive social and psychological approaches tailored to their needs. This case further illustrates the systemic shortcomings and lack of communication between educational, justice and social agencies. Clearly, in this case goals of the “Juvenile Justice Code” remain elusive, whose primary function is to protect and serve in the best interests of the child in the process of justice. At the same time, the state in general pays insufficient attention to the development and implementation of a suicide prevention strategy.

Reports transmited through media channels demonstrates, that the interrogation of a teenager in the police station violated the procedural standard, which obliges the investigative agency to insure the attendance of a legal representative during the interrogation of a juvenile. In this process, the fundamental principle of juvenile justice has also been violated, which implies the protection of the best interests of the juvenile in the process of justice.

Given the importance and the hefty context of the case, it is principal that the possible crime commited by the law enforcement officielas to investigate effectively, openly and transparently, while ensuring high public trust. The State Inspector's service should provide regular reports and update the public about the ongoing investigation, to avoid questions about the inadequacy of the investigation and the impunity of specific individuals. At the same time, the response to this problem should not be limited to criminal proceedings against specific employees, and the issue of systematic reform of law enforcement agencies should be on the agenda.

It is essential that the law enforcement system properly understand the structural, social, economic and political causes of crimes and deal with them through transformational, and not just repressive and punitive approaches. In Georgia, where poverty, economic inequality, social insecurity and frustration are large-scale and on the rise, it is unacceptable for state to only resort to punishment oriented policy measures. It is vital for law enforcement system, along with other relevant social and education agencies, to work on crime prevention, through community-based and human-oriented approaches. Of course, minors will need special attention in this process, as they need even more support and protection from the state. We have been monitoring reforms and the law enforcement system for years, however, this effort did not manage to make the system more humane, socially transformative and reliable. The reason for this goes beyond the individual arbitrariness and misconduct of the police, it is rooted in the very understanding of the state as an essentially punitive mechanism. The concept of a punitive state is the prevailing view within our political elite and essentially precludes an understanding of a caring state, focused on the social transformation, development, and support of individuals and groups. It is also symptomatic that the reforms of the social services and education system over the years has been weak and inadequate. The scale of resources spent in these areas also shows that state does not consider them as high priority directions, in need of further strengthening. Naturally, it is apparent that there is weak coordination and support between law enforcement, educational and social protection systems.

Luka Siradze's tragic case is not the first and only case that reveals the repressive and carceral nature of state agencies. We have accumulated many similar cases in our state experience (including the cases of Demur Sturua, A. Kvirikashvili) and the public still has no answers as to what measures the state has taken in similar tragedies in the past.

According to the above mentioned facts, EMC calls for:

State inspectors office to

  • Investigate the case of Luka Siradze's suicide effectively, properly, in a timely manner and provide public with regular information on the progress of the ongoing investigation;
  • In the course of investigation, it is essential to see the legal responsibility of all public circles and, consequently, to take appropriate measures to insure justice;

Georgian Government to

  • Analyze fundamental challenges in juvenile justice policy with the involvement of various relevant actors and develop strategies and action plans in coordination with various agencies to address existing challenges.
  • Strengthen psychological and social protection services in schools and introduce student-oriented social policies.
  • Understand the structural and social causes of crime in the fight against crime and strengthen coordination and transformation work between relevant agencies.

Footnote and Bibliography

 

[1] https://batumelebi.netgazeti.ge/news/245523/

[2] https://gyla.ge/ge/post/arasrultslovanma-tvitmkvleloba-savaraudod-sagamodziebo-organos-tanamshromlebis-mier-gankhorcielebuli-fsiqologiuri-dzaladobis-gamo-scada#sthash.czGfxZD3.dpbs

[3] https://netgazeti.ge/news/415247/

[4] არასრულწლოვანთა მართლმსაჯულების კოდექსის 23-ე მუხლი.

[5] არასრულწლოვანთა მართლმსაჯულების კოდექსის პირველი მუხლი.

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