The investigation into the alleged ill-treatment of Zviad Ratiani has been protracted. Investigative actions have been ongoing for more than four months. Despite the abundance of evidence in the case, Zviad Ratiani has not yet been granted a status of a victim. Likewise, no issue of responsibility has been raised with respect to any of the police officers involved. The pace and intensity of the investigation, which were present at the initial stage, have been substantially reduced. These circumstances cast doubt on the existence of genuine willingness to conduct a thorough and impartial investigation.

The Public Defender’s parliamentary report on the Zviad Ratiani case states that in the course of his detention, police officers employed substantial physical force, reflected in numerous bodily injuries. The report observes that "public concerns persist with respect to the legality and proportionality of the force applied."

Furthermore, the Personal Data Protection Inspector determined that the Ministry of Internal Affairs had violated the law by allowing police officers to record Zviad Ratiani via their personal mobile phone and subsequently forward the video footage to the media. The decision underscored that a mobile phone does not constitute an authorized technical device for video recording, including during special police control operations. The Inspector further indicated that the Ministry lacked the legal authority to process evidentiary materials from court proceedings through media dissemination.

Concerning the key aspects pertaining to the investigation of the Zviad Ratiani case:

1. Incorrect classification of the offense – The investigation into Zviad Ratiani’s case has been conducted by the Tbilisi Prosecutor’s Office since 24 December 2017. The case is being investigated under the Exceeding Official Powers (Article 333, Paragraph 3(b) of the Criminal Code), which does not constitute an accurate legal assessment and classification of the incident. Conducting the investigation under the exceeding officisl power provision overlooks the intentional degrading treatment and infliction of physical pain on a person under effective police control.
2. Refusal to grant victim status – EMC has applied four times to the prosecutor requesting that Ratiani be recognized as a victim, but in all cases, the request was denied. All refusals by the case prosecutor were upheld by the superior prosecutor. Although Zviad Ratiani and his legal representative have access to the criminal case materials, the repeated refusal to grant victim status once again demonstrates the lack of willingness on the part of investigative authorities.
3. Prolonged investigative process – The Prosecutor’s Office has yet to carry out, or has insufficiently carried out, significant investigative actions. A particularly important episode in the case is Ratiani’s detention in a temporary holding facility for over an hour. According to Ratiani’s account, the police beat him inside the vehicle and on the parking lot of the temporary holding facility before he was brought inside. Video evidence in the case confirms that, prior to being brought into the holding facility, Ratiani remained in the police vehicle for more than an hour for unclear reasons. However, the investigation has inadequately examined the reasons for his prolonged detention in the police vehicle and the events that occurred during that time.

In view of these circumstances, EMC calls upon the Tbilisi Prosecutor’s Office to take the following actions:

• Amend the legal qualification of the offense and pursue the investigation under the provisions on degrading and inhumane treatment;
• Immediately confer victim status upon Zviad Ratiani without any further delay;
• To carry out, without delay, all essential investigative measures and determine those to be charged in connection with the case.

Furthermore, EMC is commencing legal action seeking redress for the moral harm suffered by Zviad Ratiani as a result of video materials obtained unlawfully by the Ministry of Internal Affairs and disseminated to the media in breach of the law. EMC is in the process of drafting a claim, which will be submitted to the Tbilisi City Court in the near future.

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