depends on patrolling police officers’ discretion. Apart from patrol officers, officers of the Central
Criminal Police Department and territorial agencies also have communication with citizens as a part
of their official duties. Apart from the fact that they do not have the duty to record their
communication with citizens (this falls within the discretion of an officer), there are also no provisions
on the procedure and terms of storing the recording with regard to them.
It is commendable that patrol police officers have been equipped with body cameras with better
specifications since May 2018. The new equipment has longer working and recording modes,
centralised control and data storage capacity.151 As regards police officers of territorial agencies,
according to the information supplied by the Ministry of Internal Affairs, except for the Kakheti Police
Department units, inspector-investigators and senior inspector-investigators of districts use body
cameras when performing official duties.152 During the monitoring, the Special Preventive Group
established that police officers of territorial agencies had been given the old cameras previously used
by patrol-inspectors, the technical capacities of which in terms of making recording are weak.
Accordingly, it is important to have these old cameras gradually replaced with new ones with improved
specifications in the next year.
Duration of being under police control – unfortunately, the recommendation made by the Public
Defender’s Office on numerous occasions is still unfulfilled. This recommendation concerned
amending the Criminal Procedure Code to the effect of determining the obligation of the arresting
authority to immediately take an arrested person to a TDI.
Under the Georgian legislation, an arresting official shall immediately take an arrested person to the
nearest police station or other law-enforcement agency.153 There is no statutory term determined for
those cases where an arrested person is taken to a police station so that the arrestee can stay in that
station before they take him/her to a TDI. The monitoring revealed that, in rare cases, arrested persons
are kept in police stations before taking them to TDIs from 13 hours to 24 hours. Usually, the period
for which arrestees are kept in police stations is 5-6 hours.
As regards, the total duration of the stay under police control which includes the period from a person’s
actual arrest till placing him/her into a TDI, this indicator has not changed in 2018, compared to 2017.154
The Special Preventive Group requested information from police divisions and departments concerning
investigative actions conducted with the participation of arrested persons in particular criminal cases.
151
Letter no. MIA 1 19 00309059 of the Chief of Administration of the Ministry of Internal Affairs of Georgia;
dated 6 February 2019
152Letter no. MIA 8 18 02975975; Dated 10 December 2018. According to the letter, the units of Kakheti Police
Department of the Ministry of Internal Affairs are unable to use body cameras when performing official duties
due to technical problems.
153The Criminal Procedure Code of Georgia, Article 174.2.
154 The monitoring conducted by the Special Preventive Group in the reporting period identified cases, where an
individual was held under police control for the first 18 hours, also for 21, 22 and 24 hours.
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