Based on the above arguments, we believe that it will be a significant step forward in terms of improving legal safeguards for arrested persons to ensure that arrestees are taken straight to a TDI immediately upon their arrest.156 However, in order to ascertain whether this step will actually bring results, we find it expedient to implement this change in a pilot test in several less busy TDIs, according to regions. Under Article 21 of the Organic Law on Police, the police may invite a person by a notification to interview him/her at a police station. This person does not legally have any status and his/her appearance before police authorities and leaving police premises are formally voluntary. In the cases of abuse of power by police, pressure or physical violence against individuals invited by this procedure, citizens are not protected by procedural safeguards from ill-treatment. Moreover, there is no record of their entering and leaving the police station which could be used to prove that certain person indeed stayed with the police. Therefore, we believe that any person that is kept in police should enjoy procedural safeguards, irrespective of his/her status.157 To this end, it is important to develop a mechanism which will enable the monitoring bodies to receive credible information about a person’s status, his/her entering and leaving a police satiation. Judge’s role – A judge can play an important role in terms of avoiding incidents of ill-treatment from police. This role is acknowledged by Article 2.1 of the UN Convention Against Torture, which refers to the importance of judicial preventive measures against torture.158 The Public Defender’s Office welcomes and considers it to be an important change – the amendment to the Criminal Procedure Code of Georgia that will come into force on 1 July 2019. From this date, judges of Georgia will have a legal possibility to apply to a competent investigative authority in case of suspicion concerning torture or other ill-treatment an accused/convicted person could be subjected to or when an accused/convicted person him/herself states about it before the court.159 We maintain that judges should be given such possibility also in administrative proceedings on administrative violations with regard to individuals imposed with administrative responsibility. 156 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on his mission to Georgia A/HRC/31/57/Add.3, 06.11.2015, para. 108. 157 Report to the Ukrainian Government on the visit to Ukraine carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 8 to 21 December 2017, CPT/Inf (2018)41, 06.09.2018, para. .29, available at: https://rm.coe.int/16808d2c2a, (accessed 04.03.2019). 158“Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.” The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 2.1 159The Criminal Procedure Code of Georgia, Article 1911. 61

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