additional safeguards against torture and other ill-treatment.145 The Committee Against Torture
(hereinafter the “CAT”) welcomes implementation of video surveillance systems in police stations.146
According to the Georgian legislation, interrogation/interview of arrested persons in police stations is
not mandatory and is within the discretion of the police.
In 2018, adequate coverage of internal and external premises of police divisions by video cameras
remained a problem. There are no video cameras installed either on internal or external premises in
some of the district divisions.147 Furthermore, it should be noted that in the absolute majority of those
police divisions where surveillance is conducted on the internal premises, the cameras are mostly
installed at the building entrance, in front of the space allocated for an officer on duty. In this context,
it is crucial to have video cameras installed in interrogation rooms for arrested persons. As mentioned
above, video recording of arrested persons’ interrogation is a well-established standard of the European
Committee for the Prevention of Torture. It should also be pointed out that installing video cameras in
police stations in those places where an arrested person, a witness or a person agreeing to be
interviewed voluntarily, among others, in offices, does not contradict the Georgian legislation and
cannot be deemed as a breach of police officers’ right to respect for private life. In particular, under
Article 12.3 of the Law of Georgia on Personal Data Protection, “A video surveillance system may be
145
Report to the Government of Cyprus on the visit to Cyprus carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 2 to 9 February 2017,
para. 16, available at: https://rm.coe.int/16807bf7b4, (accessed 04.03.2019); Report to the Government of Serbia
on the visit to Serbia carried out by the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) from 31 May to 7 June 2017, para. 41, available at:
https://rm.coe.int/16808b5ee7, (accessed 04.03.2019); see also Report of the Special Rapporteur on the question
of torture submitted in accordance with Commission resolution 2002/38 to the UN General Assembly,
E/CN.4/2003/68, 17 December 2002, para. 26(g).
146 The concluding observations on the sixth periodic report of the Russian Federation, CAT/C/RUS/CO/6,
28.08.2018, available at: https://goo.gl/JYvzY2, (accessed 11.03.2019); in the concluding observations of 2018 the
CAT recommended to the Russian Federation to ensure that video recordings of all interrogations are maintained
and video surveillance installed in all areas of custody facilities where detainees may be present. In the concluding
observations on the sixth periodic report of Spain, the CAT considered the following to be exceptions from the
above rule: the possible violation of the detained person’s right to respect for private life and confidentiality of
legal and medical consultation. Such recordings should be kept in secure facilities and be made available to
investigators, detainees and their lawyers. See the concluding observations on the sixth periodic report of Spain,
CAT/C/ESP/CO/6,29 May 2015, available at: https://goo.gl/gCjR69, (accessed 04.03.2019) The CAT made the
following recommendation to Spain: “The State Party ensure the audio visual recording of all procedures in police
stations and places of detention involving persons deprived of their liberty, including those in incommunicado
detention, except in cases where it might violate the right to privacy or detainees’ right to confidential
consultation with their lawyer or doctor. Such recordings should be kept in secure facilities and be made available
to investigators, detainees and their lawyers.”
147 The Zhandukheri Unit of the Lentekhi District Division; the third unit of the Batumi City Division; the fourth
unit of the Batumi City Division; the Borjomi District Division; Bakuriani Unit of the Borjomi District Division;
the Mokhe Police Unit of the Adigheni District Division; the Aspindza District Division; the Gandzi Unit of the
Ninotsminda District Division; the Gorelovka Unit of the Ninotsminda District Division.
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