In the opinion of the Special Preventive Group, a significant risk of ill-treatment arises from the
nefarious practice40 of placing prisoners in de-escalation rooms for lengthy periods.41
For the purpose of effectively documenting and investigating torture and other cruel, inhuman or
degrading treatment or punishment, it is necessary to ensure that forensic examinations are conducted
in the country in compliance with the Istanbul Protocol. It is noteworthy that the wording of the
findings of forensic examination conducted by the LEPL Levan Samkharauli National Forensics Bureau
regarding incidents of torture and other ill-treatment do not comply with the requirements under
chapters V, VI and Annex 1 (Principles on the Effective Investigation and Documentation of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment) of the Istanbul Protocol. In
particular, there are questions posed by the investigative authority about whether there is any kind of
injury, location and time-frame of infliction of this injury and the cause. According to the national
bureau’s conclusions, certain injuries have been inflicted for instance by a solid blunt object and is of a
minor nature; then the time-frame of the injury is indicated. It is clear that these conclusions fail to
establish a possible link between torture and other ill-treatment, on the one hand, and physical
symptoms, on the other hand. This does not comply with the guidelines of the Istanbul Protocol.
Moreover, the psychological state of an alleged victim is not assessed and the possible link of identified
symptoms with torture and other ill-treatment is not established.
According to the assessment of the Public Defender and the Special Preventive Group, it is necessary
to adopt complex measures for establishing a practice of forensic examination that would comply with
the principles of the Istanbul Protocol. This could imply the renovation of the logistical and technical
infrastructure, retraining of staff, and revision of the legislation and development of relevant
instructions. Therefore, the Government of Georgia should elaborate a plan that would be aimed at the
practical implementation of the guidelines of the Istanbul Protocol in forensic examinations.
The results of the monitoring conducted in 2018 show that the effective identification and
documentation of alleged incidents of ill-treatment is not fully ensured in penitentiary establishments.
It is noteworthy that in penitentiary establishments, from 1 January to 30 September 2018, injuries
were documented only in 8 cases in accordance with the new form of registering injuries;42 whereas,
40
The practice of placing a prisoner in a de-escalation room remains problematic. During the application of this
measure, there is no multidisciplinary intervention on the part of the establishment’s personnel to reduce and
eradicate risks. Prisoners are prohibited from maintaining contacts with the outside world and they are not
provided with clothes and items of personal hygiene. The environment and conditions in de-escalation rooms
remain problematic. The rooms are not safe and not arranged in a way to reduce the risk of self-harm to the
minimum.
41 Shortly after the expiry of 72-hour term (which is a maximum term), prisoners are placed in de-escalation
rooms again.
42Order no. 131 of the Minister of Corrections and Probation of Georgia on Approving the Procedure for
Documenting Injuries of Accused/Convicted Persons as a Result of Alleged Torture and Other Cruel, Inhuman
or Degrading Treatment in Penitentiary Establishments of the Ministry of Corrections and Probation of Georgia.
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