installed at a workplace only in exceptional cases if it is necessary for human security and property
protection or to protect secret information and examination/tests and if these goals cannot be reached
by other means.”
The security of the arrested person, his/her protection from torture and other ill-treatment is a
legitimate aim which will justify installing surveillance system at such places.
The Public Defender’s Office welcomes the process of updating the video surveillance system in the
agencies under the Ministry of Internal Affairs to improve their technical specifications. The ministry
informed us that the respective works have been completed in all police divisions of the Tbilisi Police
Department (40 units), 15 divisions in Shida Kartli, 27 divisions in Kvemo Kartli, 9 units in MtskhetaMtianeti and 16 division in Kakheti. The rest of the units will have been equipped with surveillance
systems by the end of March 2019. As regards the terms of storing recordings of surveillance systems,
the ministry informed us that the new recorder of the surveillance system has the capacity to store
recordings for the term recommended by the Public Defender of Georgia, i.e., minimum 14 days.148 It
should also be pointed out that it is important to determine statutorily the term of storing video
recordings of surveillances systems and we hope that the above recommendation will be fulfilled in the
near future.149
Equipment of police officers with body cameras and conducting video recording of communication
with citizens is a significant safeguard against ill-treatment. The Public Defender has been
recommending to the Ministry of Internal Affairs for years to determine by a normative act the
obligation of police officers to video record their interaction with citizens as well as the procedure and
terms of storing video recordings. On 26 December 2018, Order no. 1310 of the Minister of Internal
Affairs of Georgia of 15 December 2005 concerning approving instructions On the Rules of Patrolling
by the Office of the Patrol Police of the Ministry of Internal Affairs of Georgia was amended. In
particular, Article 121 was added to the order. Under Article 121, a patrol officer is obliged to place the
recordings obtained through body camera attached to the uniform on the special server where the
recordings will be stored for 30 days. Unfortunately, this change did not apply to patrolling police
officers and under the wording in force a patrolling police officer has the right to carry out recording
with the use of technical means as established by law.150 Accordingly, the law still does not determine
the obligation of video recording of patrol officers’ communication with citizens and video recording
148
Letter no. MIA 1 19 00309059 of the Chief of Administration of the Ministry of Internal Affairs of Georgia,
dated 6 February 2019.
149 The recommendation made by the Public Defender to the Ministry of Internal Affairs in the 2017 report
concerned amending Order no. 53 of the Minister of Internal Affairs of Georgia of 23 January 2015 on
Determining the Terms of Storage of File Systems of the Ministry of Internal Affairs and the Data Therein and
determining 14 days as the minimum term of storing video recording obtained through surveillance systems.
150 Order no. 1310 of the Minister of Internal Affairs of Georgia of 15 December 2005 concerning approving
instructions On the Rules of Patrolling by the Office of the Patrol Police of the Ministry of Internal Affairs of
Georgia, Article 14.1.
58
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