Based on the information supplied, there are cases identified where arrested persons were kept under
police control before being taken to a TDI for a lengthy period without any need.155 Moreover, in rare
cases, there have been no investigative actions conducted with regard to arrested persons in police
stations, including questioning. If the necessity to bring an arrested person to a police station is
explained by drawing an arrest report and/or to have it signed by the head of a police station, we believe
these activities require rather a short period of time and unreasonable delay of arrested persons at police
stations cannot be justified with this argument. As regards the need to question arrested persons in
police stations, we believe that it is also possible to conduct questioning in a TDI based on the respective
infrastructural changes.
It is common knowledge that in case of lengthy stays under police control there is a high risk of physical
violence and psychological pressure from police officers. The Public Defender’s Office believes that
there are strong arguments in favour of bringing arrested persons to a TDI right after arrest.
First, it should be noted that there are stronger safeguards in TDIs for arrested persons against their illtreatment than in police stations. For instance, when an arrested person is taken to a TDI, he/she
immediately undergoes medical examination in accordance with the Istanbul Protocol.
Second, unlike police stations, the TDI employees rigorously register the timestamp of bringing an
arrested person in a respective logbook. If arrested persons are taken to TDIs straight after their arrest,
it will enable us to ascertain the actual time of those persons’ arrest, since in this case it is simpler to
calculate the time needed for bringing a person to a TDI. As regards police stations, in the inspection
conducted by the Special Preventive Group it was identified that, similar to the previous years,
documentation about arrested persons are still erroneously maintained in the of territorial agencies. In
particular, logbooks on Registering Arrested Persons and on Persons Transferred to a Jail (a TDI) are
maintained in duty stations of territorial police agencies. In certain cases, the following cannot be
determined from the information entered into these logbooks: when a person was arrested; the date
and time when an arrested person was taken to a police station; and the time when a person was taken
to a TDI and released (the respective columns are empty).
Third, in terms of material conditions (WC, rooms for meeting with a lawyer, rooms for medical
examination, etc) are better in TDIs than in police stations Fourth, a TDI is the place where an arrested
person can open up more and file a complaint against his/her arresting official and report ill-treatment
he/she was subjected to that in police stations, where, usually those very arresting officials are
employed.
155
For instance, a person arrested by the Gori District Division was held for 11 hours until taking that person to
the Khashuri TDI. During this period, the arrested person was questioned for 15 minutes and an arrest report was
drawn with the arrestee’s participation, which needed 53 minutes. Accordingly, the rest of the time,
approximately 10 hours, that person was held under police control without any need.
60
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