Under Article 65.1 of the Law of Georgia on the Legal Status of Foreigners and Stateless Persons, “The
court may decide to impose alternative measures to the placement of aliens at a temporary
accommodation centre.” Besides, Article 2142.4 of the Administrative Procedure Code also lays down
the possibility of using alternative measures by a court instead of placing migrants into the TAC.
However, it is to be noted that, under Article 4 of the Rules5 on Arresting a Foreigner and Placement
in the Temporary Accommodation Centre,176 the Migration Department is authorised to apply to a
court with a motion to place a foreigner in the TAC only. Interviews of the members of the Special
Preventive Group with the administration of the establishment revealed that, stemming from the
aforementioned rule, the TAC does not apply to the court requesting the application of alternative
measures. Considering the fact that the TAC possesses and processes important personal data about a
person in custody (identity, place of residence, financial situation and flight risk),177 it is important to
increase its role and it should be vested with the authority of filing motions on the application of
alternative measures.
4.2. ADMISSION TO THE TEMPORARY ACCOMMODATION CENTRE
Under Article 5.3 of the Rules of Arresting and Placing a Foreigner in the Temporary Accommodation
Centre, a foreigner is subject to inspection along with his/her personal items and undergoes a
preliminary medical examination. It is noteworthy that this procedure is conducted for security
reasons.178 However, obtaining information about the state of health and external examination are cited
as the objectives of the preliminary medication examination.179
During the monitoring, the Special Preventive Group learned that, when admitting arrested foreigners
to the TAC (interviews with arrested persons), the personal inspection of foreigners and their
preliminary medical examination are not completely separated in the practice and these two procedures
are conducted at the same time. Moreover, these procedures in most cases involve requests to strip
completely and squat.
The Special Preventive Group emphasises that the personal examination of an arrested foreigner should
be a completely separate procedure from the preliminary medical examination. The personal
examination is a security measure that should be carried out by security staff following a particular
procedure. The preliminary medical examination should be aimed at identifying medical needs by a
176
Approved by Order no. 631 of the Minister of Internal Affairs of Georgia of 19 August 2014.
In the motion filed with a court concerning placing a foreigner in the TAC, the migration centre refers to such
circumstances as the impossibility of identifying the person, the absence of permanent place of residence,
financial situation, etc.
178 A foreigner and his/her personal items are inspected in order to avert threats if there is a threat that a foreigner
will use his/her items to harm himself/herself, another person, or another person’s property.
179 The medical personnel of the TAC interview the person about his/her state of health and conducts scrupulous
external examination.
177
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