procedures and include measures such as: informed consent of the victim and implementation of
measures for his/her protection; ensuring conditions for conducting the investigation; safety of witnesses
etc.336 To establish a complete picture of ill-treatment, it is first necessary to gain the trust of the alleged
victim, which requires allotment of sufficient time to the interview, creating a confidential and safe
environment.
Through reviewing the data in the temporary detention isolator, the Public Defender examined the rate
of timely appearance of the State Inspector's investigator in the temporary detention isolator, as well as
the duration and conditions of the interview with the detainee. Analysis of the data processed by the
Special Prevention Group reveals that the State Inspector’s investigator met the detainee in 274 cases,
from which, the State Inspector’s investigator averagely met the detainee within 7 hours after the
notification was sent from the temporary detention isolator which is not a bad figure. However, out of
the given 274 cases, the duration of the meeting between the detainee and the inspector lasted for 1-3
hours in 41 (15%) cases, from half an hour to 1 hour in 89 (32.5%) cases, for 21-30 minutes in 58 (21.2%)
cases, for 11-20 minutes in 59 (21.5%) cases, and for 0-10 minutes in 27 (9.8%) cases. This data shows that
the meeting between the inspector and the detainee is often very short, which raises questions whether
it is possible to explain the mandate of the SIS to the detainee in such a short time, gain confidence,
assess the detainee's physical and psycho-emotional condition, and conduct a thorough interview,
especially remotely.
It should be noted with regret that according to the information received during the preventive visits to
the temporary detention isolators, in 2020, due to the pandemic, the meeting with the investigators of
the State Inspector's Service was mostly carried out remotely. Due to the fact that the temporary detention
isolators do not have well-isolated infrastructure and the detainee is not left alone in the room used for
remote meeting, a confidential environment is not provided during remote interviewing, which affects an
honest conversation with the investigator of the State Inspector's Service. In addition, a face-to-face
meeting is crucial for the investigator to provide more information about the State Inspector’s Service
and gain trust.
Judges can play an important role in preventing cases of ill-treatment. Their role is recognized by the first
paragraph of Article 2 of the UN Convention against Torture, which indicates the importance of taking
judicial measures to prevent torture.337 Under the Georgian legislation, at any stage of criminal
proceedings, a judge applies to a competent investigative authority if he/she suspects that an
accused/convicted person was subjected to torture, inhuman or degrading treatment, or when an
accused/convicted person him/herself states about it before the court.338 According to the information
Office of the United Nations High Commissioner for Human Rights, Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), Chapter
three,
legal
investigation
of
torture,
available
in
English:
https://www.ohchr.org/documents/publications/training8rev1en.pdf [last visited: 10.01.2021].
337 „Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in
any territory under its jurisdiction.” UN Convention against Torture, Article 2(1).
338 Criminal Procedure Code of Georgia, Article 1911.
336
106
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