Based on the above, we deem it necessary that the Ministry of Internal Affairs should study to what
degree the right of an arrested person to contact his/her family/consulate and lawyer is respected by
the agencies under its authority and to inform the Office of the Public Defender of Georgia regarding
the outcomes of the study. The monitoring bodies such as internal monitoring bodies within the
ministry and the external monitoring body – the Special Preventive Group of the Public Defender–
should have the possibility to examine whether the rights guaranteed for arrested persons are illusory
or practical and effective. Therefore, the Ministry of Internal Affairs should develop a concrete
mechanism which will enable examination of to what degree the right of arrested detained person to
contact his/her family/consulate and lawyer and the right to be notified about arrest are exercised in
practice.
As regards informing the family about arresting a person, it should be positively noted that according
to the data processed by the Special Preventive Group, the dynamics of informing families about arrests
improved in 2018. In particular, in 86.8% of the cases examined by us in 2018 and in 71% of the cases
examined by us in 2017, families were notified within 3 hours after arrests.
Access to a doctor and medical examination – during monitoring, the members of the Special Preventive
Group have not identified a single case where an arrested person was denied medical care. Medical
examination in a confidential environment remains a significant challenge in this regard. The
monitoring results show that TDI employees routinely attend medical examination of an arrested
person which compels him/her to conceal the real causes of injuries out of fear when he/she was
subjected to ill-treatment by police. It is noteworthy that the CPT also indicated this problem in its
report on the visit to Georgia in 2014.140
Unfortunately, it should be noted that the medical examination of injuries on arrested persons by TDI
doctors does not ensure achieving one of the major objectives of medical examination as determined
by the Istanbul Protocol, i.e., assessment of the incident of alleged ill-treatment by a medical
professional.141
In order to identify an incident of ill-treatment, it is most important that a medical professional
establishes a link between the injuries found on an arrested person’s body and the origin of those
standard under which the waiver of the right to legal assistance should be systematically signed by the detained
person if he/she does not wish to exercise his/her right to access to a lawyer.
140 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 1 to 11 December 2014,
available at: https://rm.coe.int/16806961f8, (accessed 04.03.2019), para. 28.
141 Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol), para. 105: In formulating a clinical impression for the purpose of
reporting physical and psychological evidence of torture, there are [the following] important questions to ask:
[...] “Are the physical and psychological findings consistent with the alleged report of torture? [...] Does the
clinical picture suggest a false allegation of torture?”
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