to the absence of a nurse, the physician had to take up those duties. It is important that the TAC should
be able to contract a nurse in such cases.
The CPT is of the view that it would be advisable to recruit nursing staff and organise a 24/7 health-care
coverage at the TAC.192
Proposal to the Parliament of Georgia:
In 2019, amend the Law of Georgia on Legal Aid to the effect of determining that an alien set
to be removed shall be eligible for legal aid at the state’s expense.
Recommendation to the Ministry of Internal Affairs of Georgia:
In 2019, amend the Rules of Arresting and Placing a Foreigner in the Temporary
Accommodation Centre approved by Order no. 631 of the Minister of Internal Affairs of
Georgia of 19 August 2014 and determine the power of the arresting authority, at any stage of
the arrest procedure and motion before the court regarding the application of alternative
measures instead of applying for placing the foreigner into custody;
Differentiate strip-search and cavity search; establish the respective procedures for each;
In 2019, amend Order no. 631 of the Minister of Internal Affairs of Georgia approving Arresting
a Foreigner and Placement in the Temporary Accommodation Centre to the effect of:
o
determining that personal examinations and strip-searches are only conducted based
on concrete and reasonable suspicion;
o
determining that removal of all the clothes at the same time, doing squats during
personal examinations and strip-searches are prohibited; and
o
laying down the right of an arrested person to opt for an alternative method of full
search (scanner) when personal examinations and strip-searches are necessary.
In 2019, take all necessary measures to ensure that medical examination in the TAC is carried
out in accordance with the standards of medical service instructions applicable to persons
placed in TDIs approved by Order no. 691 of the Minister of Internal Affairs of Georgia.
Furthermore, ensure the retraining of the medical personnel in documenting injuries in
accordance with the instructions;
In 2019, arrange a recreational room in the TAC, equipped with recreational means (for
instance, table games);
In 2019, offer organised activities (e.g., lectures, handicraft, art and cooking classes) to persons
placed in the TAC for up to 9 months;
192
Report to the Georgian Government on the visit to Georgia, carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 September
2018, (CPT/Inf (2019) 16), para. 37, available in English at: https://rm.coe.int/1680945eca, (accessed 17.06.19).
73
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