To the Prosecutor General of the Republic of Abkhazia  Z.Achba

Dear Zurab Shotovich,

The Ombudsman of the Republic of Abkhazia urges the Prosecutor General to conduct a thorough investigation of the case of torture, that took place in the Ministry of Internal Affairs of RA. 

According to the information received from the General Prosecutor's Office, on July 11, 2019, Anzor Valikovich Tarba, born in 1969, who was detained for an administrative offense and subjected to an arrest for 15 days, died in one of the offices of the Ministry of Internal Affairs of the Republic of Abkhazia. It was later reported that brutal torture was used against citizen Tarba. 

On July 13, 2019, the Prosecutor's Office opened a criminal investigation against the employees of the Ministry of Internal Affairs of RA, alleged to be responsible for exceeding statutory powers in the line of duty. Employees who were suspected of involvement in Tarba’s death were suspended on July 15, 2019. On July 19, 2019, the City Court of Sukhum considered the petition of the Prosecutor General's Office for the security measure of house arrest to be used against officials of the Ministry of Internal Affairs of the RA, suspected of committing a crime under paragraphs "a" and "c" of Part 3 of Article 288 (abuse of power, violence and causing grave consequences) of the RA Criminal Code.

While carefully monitoring Tarba’s case, and given the seriousness of the crime committed, we consider it our duty to urge authorities to carry out an exhaustive and impartial investigation of the events that took place in the building of the Ministry of the Interior, so that perpetrators do not escape justice. 

We believe it is important to draw the attention of investigative authority to the violation of the norms of the RA criminal procedure legislation on the stage of pre-trial investigation. Namely: delaying criminal proceedings. Following part 2 Article 139 of the CPC of the Republic of Abkhazia, when sufficient information indicating that a crime has been committed is available, this shall serve as justification for initiating criminal proceedings. This information was available since the inspection of the incident on the night of July 11, 2019, in particular:

1.        The fact that the detained Tarba was held in MIA of RA after midnight and was transferred from the Tkuarchal District Department of Internal Affairs to the Gulrypsh District Department of Internal Affairs. This indicates misconduct. 

2.        The fact that the body of A.Tarba showed signs of torture, namely: multiple abrasions and bruises indicating bodily harm;

3.        Inconsistencies in the information reported by the leadership of the RA Ministry of Internal Affairs on the cause of Tarba's death.

Moreover, according to clause 2.2 of the order of the RA Prosecutor General of September 8, 2018, No. 50 “On prosecutorial supervision over the compliance with state law at the stage of pre-trial proceedings”, it is unacceptable to delay criminal proceedings, when elements of a crime are in place.

Under paragraph 2.5 of the same order, the prosecutor should have initiated criminal proceedings on the spot. However, the case was only opened on 13 July 2019, two days later. 

In addition, officials suspected of involvement in the acts of torture, with exception of A. Autlev and V. Kulov, who fled, were detained only on the evening of July 15, 2019, while the grounds for their arrest were established earlier by Article 91 of the RA Criminal Procedure Code.

The Ministry of Internal Affairs also ignored the norms set out in part 21 of article 216 of the RA Code "On court procedures in cases of administrative offenses", which prohibit interrogating persons held in administrative detention without the participation of a lawyer. Moreover, Tarba's presence in office # 303 after 22:00 indicates that the police officers also violated the norms set in Articles 164 and 187 of the RA Criminal Procedure Code. 

According to the hierarchy, supervision over the Ministry of Internal Affairs is carried out by the RA General Prosecutor's Office, which should have taken prompt action to investigate the matter. Instead, the RA General Prosecutor's Office, which had every reason to investigate the death of the administratively detained Tarba in the building of the Ministry of Internal Affairs, transfers the investigation of the case to the City Prosecutor's Office. According to the law on criminal proceedings, the investigation of such high-profile cases should be carried out only by a state-level investigation agency – The Office of the Prosecutor-General. 

Considering that the crime was committed in the building of the RA Ministry of Internal Affairs, and the suspects are officials of this ministry, the City Prosecutor's Office might not have had enough opportunities to conduct a full and impartial investigation. Therefore, we are interested in the following questions:

•            Did the Prosecutor's Office ensure the questioning of all necessary witnesses, including officials of the RA Ministry of Internal Affairs?

•            Were officials, allegedly involved in the torture and murder of A.Tarba, invited to testify? Is their testimony recorded in the case file? 

•            The absence or availability of evidence, reflecting the results of investigations, would be an indication of willingness on the side of the Prosecutor's Office to conduct an impartial investigation. 

In this regard, the actions of the General Prosecutor's Office, represented by the Deputy Attorney-General, are a matter of serious concern. On his instructions, on July 18, 2019, a few hours before applying to the court with a petition for the arrest, the case was withdrawn from the Prosecutor's Office in Sukhum, and a petition was sent to the Sukhum City Court to choose a preventive measure in the form of house arrest in relation to the officials suspected of grave breaches. It has not been taken into account that suspects who have been in positions of authority in the Ministry of Internal Affairs, may use their powers to influence the course of the investigation.

At the same time, it is important to note that the measure of house arrest was introduced in criminal procedural legislation from 1 January 2016, but the regulations providing for a monitoring procedure over this measure were not yet prepared. Consequently, the methods of control, defined in the Code of Criminal Procedure could not be applied at that moment. 

Given that this ruling sets a dangerous precedent, gravely undermining the universal prohibition of torture, we consider it necessary for the General Prosecutor's Office to respond publicly to the following questions:

1.        Who is responsible for the fact that, in violation of the rules of the Criminal Procedure Law of the RA, citizen Tarba was interrogated in one of the offices of the Ministry of Internal Affairs of Abkhazia, i.e. not in a place of detention?

2.        Who is responsible for the alleged use of torture in the offices of the Ministry of Internal Affairs?

3.        Who is responsible for the fact that, at 3 a.m., a few hours after the death of A.Tarba in room 303 of the Ministry of Internal Affairs, the body of the deceased was handed over to his relatives without a forensic examination?

In accordance with internationally recognized principles for the effective investigation of torture and other cruel, inhuman, or degrading treatment, the State should ensure prompt and effective investigations. To this end “The investigators, who shall be independent of the suspected perpetrators and the agency they serve, shall be competent and impartial. They shall have access to, or be empowered to commission investigations by, impartial medical or other experts. The methods used to carry out such investigations shall meet the highest professional standards and the findings shall be made public”(Annex to United Nations General Assembly resolution 55/89 of 4 December 2000). 

“Those potentially implicated in torture or ill-treatment shall be held accountable and liable to severe penalties, including officials in charge of the place of detention where the prohibited acts were committed”. (UN General Assembly resolution 55/89 of 4 December 2000).

Numerous violations of investigative procedures give reason to question the competence and impartiality of the investigators. We consider it necessary to establish an independent commission that would investigate the previously mentioned allegations. Members of such commission should be chosen for their recognized impartiality and competence. 

To prevent and effectively investigate such abuses, we strongly advise for the Office of the Attorney-General:

1) To conduct thorough investigations, taking into account the nature of the crime committed, following the Criminal Procedure Code and the RA Criminal Code to implement fundamental principles of criminal procedure - non-exemption from punishment.

2) To put in place effective monitoring mechanisms over the implementation of the priority area of prosecutorial supervision - the observance of human and civil rights and freedoms.

3) Strengthen mechanisms for the implementation of norms that eradicate torture and other cruel, inhuman, or degrading treatment.

4) Adopt rules requiring observance of the principles of the effective investigation of torture and other cruel, inhuman, or degrading treatment.

Only commitment to human rights and intolerance to violence, adherence to the constitution of the Republic of Abkhazia, and international norms on human rights, can strengthen the rule of law in the country.

                                                                                                             A.G. Shakryl