4.  The applicant was born in 1977 and lives in Batumi.
5.  On 2 September 2008 at 10.05 a.m. the applicant was arrested (together with his friend Z.B.) in Batumi on suspicion of possession of illegal drugs, by members of the Special Operations Unit (სოდის სამმართველო) of the Ministry of Internal Affairs (“the MIA”). According to the report of his detention and personal search, he physically resisted the arrest. As a result he sustained injuries to his face and both legs when being forced out of his car and on to the ground. The applicant signed this report without making any written comments.
6.  At 5:35 p.m. on the same day the applicant underwent an external visual examination at the Batumi no. 1 temporary detention centre. A report drawn up thereafter recorded multiple injuries on the applicant’s body, including bruises and abrasions on his face and head, both legs, and the waist area, and black and swollen eyes. A note was made to the effect that the applicant could not remember in what circumstances he had sustained those injuries and that he had no complaints about the arresting officers.
7.  Soon afterwards an ambulance was called for the applicant. He was pre-diagnosed as suffering from possible concussion and was recommended for a transfer to a medical establishment. An hour later an ambulance was called again. After the applicant had been examined, he was diagnosed with a closed head injury and concussion; bruises were noted on his chest and waist area and it was recommended that he undergo inpatient treatment in a hospital neurosurgery department.
8.  At 10.10 p.m. the applicant was taken to Batumi hospital. After a brain tomography examination and other medical check-ups the diagnosis of a head injury was not confirmed. He was diagnosed instead with a fracture of the maxillary sinus on the right side, multiple bruises, and excoriations on his face and body. He was then taken back to the temporary detention centre.
9.  On the same night the applicant’s lawyer called the hotline of the office of the Prosecutor General of Georgia, complaining that the applicant had been ill-treated. On 4 September 2008 criminal proceedings were initiated under Article 118 § 2 of the Criminal Code of Georgia (causing less serious bodily injury). On the same date the investigator dealing with the case ordered a forensic examination of the applicant. Having visually examined the applicant, the medical expert concluded on 10 September 2008 that the applicant had multiple scratches and bruises all over his body and face, as well as black eyes and a fracture of the right maxillary sinus. He noted that the injuries could have been sustained on 2 September 2008 by the impact of a hard blunt object, and cumulatively belonged to the category of less serious bodily injuries causing long-lasting damage to health.
10.  On 4 September 2008 the applicant was questioned in connection with the circumstances of his arrest. He maintained his allegations of ill treatment, claiming that he had been beaten during the arrest as well as after he was transferred to the Special Operations Unit at the MIA. He further dismissed the accusation that he had resisted arrest as untrue. On 6 September 2008 the investigator questioned two employees of the Batumi no. 1 temporary detention centre. They both confirmed that the applicant had had multiple injuries when he had arrived at the detention centre, and that in reply to their question he had claimed that he had sustained those injuries during the arrest. He had not provided any additional details, and had not made any complaints against the arresting police officers.
11.  On 17 November 2008 the investigator decided to continue the investigation under Article 333 § 1 of the Criminal Code of Georgia (abuse of power). In the meantime, on 15 November 2008, the applicant’s lawyer lodged a complaint with the General Prosecutor’s Office denouncing the investigation as ineffective. He complained about the fact that no identification parade had been carried out: this would have allowed the applicant to identify the police officers who had ill-treated him during the arrest. Nor was this done in respect of the time after he was transferred to the Special Operations Unit, where he had stayed for about seven hours. He also noted that he had requested footage from the video surveillance cameras in the street where the arrest operation had taken place, but that his request had received no response. By a letter of 15 January 2009 the prosecutor dealing with the case informed the applicant’s lawyer that the investigation was still pending, and that in view of the conflicting evidence it was impossible to establish whether the force used against the applicant during the arrest had been proportionate or not. The applicant’s lawyer was also informed that the surveillance cameras in question had not been working on the day of the applicant’s arrest, so no video recording could have been obtained.
12.  According to the Government, at the time they submitted their observations the investigation of the applicant’s allegations of ill-treatment was still pending.
13.  According to the bill of indictment, the applicant was charged with various drug offences under Article 260 § 3 (a) and Article 273 of the Criminal Code. On 18 March 2009 the Batumi City Court convicted the applicant as charged and sentenced him to fourteen years and three months’ imprisonment and a fine. His conviction was confirmed by the Kutaisi Court of Appeal and the Supreme Court of Georgia on 23 September and 18 November 2009 respectively.