All refusals would be a violation of the Convention against Torture... When a person is seeking medical assistance, the court is obliged to respond - Nika Gvaramia

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Mikheil Saakashvili's lawyer Nika Gvaramia explained the petition submitted to the judge. It is about the non-admission of doctors.

Nino Chakhnashvili rejected the lawyers' petition, handed down the verdict and instructed the Special Penitentiary Service to investigate the fact.

"I think the main thing that happened in this process was that the prisoner said three times that he has health problems, that he needs a doctor and he does not have his doctor, and he asked for doctors to be allowed in, and in general he asked for help. because he has health problems.

We filed a petition under Article 191 of the Code of Criminal Procedure and the Convention against Torture,
That a person, a prisoner, who has applied for medical treatment and has stated that he has been treated inhumanely and that he has not been given proper medical care, the court must apply to the director general of the penitentiary institution and instruct him to investigate the case. Thus, the court does not establish that torture has taken place, as this is not a case where torture is considered, but the court is obliged to respond to such an allegation.

The judge explained, especially to the Prison Service, that they did have a duty to provide any assistance to the prisoner, although they stated that they had not complied with the motion at this stage.

The next stages will be. I assure you there will be such a statement in every court session if Mikheil Saakashvili is not assisted again and doctors are not allowed, and all judges will be obliged to discuss it and all refusal will be considered a violate of the Convention against Torture and a criminal act. You know we bring those refusals and violations to where they are needed," Nika Gvaramia said.

He said the judge asked the lawyers for a document supporting the petition, but that document does not exist, and the judge may be guided by the opinion of the Ombudsman's Medical Council that Mikheil Saakashvili is not receiving proper medical care.

"The fact is that we are not given such a document, and the only thing the judge should rely on is the document promulgated by the Public Defender that he was not given proper medical care. This is how it is and the judge should use this fact to make an adequate decision

Explanation of the judge is a step forward, to say 'no' at this stage is a step forward and  that the prosecutor's office did not oppose this motion, is also a step forward" said Nika Gvaramia.

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