medical professional as well as identifying incidents of possible torture and other ill-treatment,
documenting them and referring to the respective investigative authorities.
It is noteworthy that strip-searches can only be conducted on the basis of a concrete suspicion and in
an appropriate setting and carried out in a manner respectful of human dignity. 180 Persons who are
searched should not normally be required to remove all their clothes at the same time 181 and do squats.
An arrested person should be able to opt for an alternative method of full search (scanner) when
personal examinations and strip-searches are necessary.
The Special Preventive Group believes that medical examination in the TAC should be carried out in
accordance with the standards of medical service instructions applicable to persons placed in TDIs,
approved by Order no. 691 of the Minister of Internal Affairs of Georgia.
The CPT in its report on the visit to Georgia, carried out on 10-21 September 2018, emphases that the
same screening, recording injuries and reporting procedures be applied at the TAC as those already in
place at the TDIs with on-site health-care staff, 182 and that the doctors working at the Centre be provided
with appropriate training in this respect.
4.3. LEGAL SAFEGUARDS OF PERSONS IN CUSTODY
The right of access to a lawyer should include the right to talk with a lawyer in private, as well as to
have access to legal advice for issues related to residence, detention and deportation. This implies that
when irregular migrants are not in a position to appoint and pay for a lawyer themselves, they should
benefit from access to legal aid.183
Under Article 2.4 of resolution no. 525 of the Government of Georgia on Approving the Procedure for
the Removal of a Foreigner from Georgia, legal consultation184 is provided for a foreigner in the removal
procedure. During the monitoring, foreigners have not had any complaint regarding legal consultations
180
Report to the Bulgarian Government on the visit to Bulgaria, carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 24 March to 3 April
2014, published on 29 January 2015.
181 Report to the Czech Government on the visit to the Czech Republic, carried out by the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 10 April
2014, para. 85, published on 31 March 2015.
182 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 10 to 21 September
2018, (CPT/Inf (2019) 16), para. 38, available in English at: https://rm.coe.int/1680945eca, (accessed 17.06.19).
183
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT), Safeguards for irregular migrants deprived of their liberty, extract from the 19th General Report of the
CPT, published in 2009, para. 82, available in English at: https://rm.coe.int/16806cce8e, (accessed 01.05.19).
184 Legal consultation means legal advice available for all regarding any legal issues.
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