provided by the Supreme Court of Georgia, judges applied to the relevant investigative authorities in 70
cases due to the suspicion that the detained person had been subjected to torture, inhuman or degrading
treatment or the person concerned himself/herself stated about it before the court.339
Regarding the court, the practice of remote court trials is noteworthy. First, remote court hearings are
conducted without respecting confidentiality in TDIs, as the staff does not leave a detained individual
alone. In addition to the staff of the temporary detention isolator, employees of the Ministry of Internal
Affairs also attend the remote court hearing. During their visits to the temporary detention isolators,
members of the Special Prevention Group themselves witnessed remote court hearings, where the
employees of the Ministry of Internal Affair were present together with the detainee.340 The staff of the
temporary detention isolator also confirms that this is a common practice. It should be further noted that
a lawyer of the detainee also participates remotely in a court hearing which makes an accused feel that
he/she is without a lawyer. The Public Defender believes that accused persons will be less motivated to
speak of ill-treatment without a lawyer and in the presence of officers of the Ministry of Internal Affairs,
which impedes the effective detection of alleged incidents of ill-treatment.
Another aspect related to the remote court hearings is the limited possibility for a judge to assess visually
the physical and psycho-emotional state of detained person.341 During a remote trial, it is extremely
unlikely that a judge will be able to identify or suspect whether a person has been ill-treated.342
3.5. Conditions in Temporary Detention Isolators
3.5.1. Physical environment
The Public Defender of Georgia/National Preventive Mechanism welcome opening of a new temporary
detention isolator and an institution for administrative prisoners in Tbilisi in August 2020. Further, it is a
positive step that new isolators are being built in Bakuriani and Gurjaani.343 In 2020, renovation works
were conducted to improve infrastructure and living conditions in temporary detention isolators.344
Letter P-1996-20 of the Supreme Court of Georgia of 8 February 2021
In Akhalkalaki, Mtskheta, Marneuli and Senaki temporary detention isolators.
341 It should also be noted that the Public Defender's Monitoring Report on Remote Court Hearings also referred to
technical flaws during remote court proceedings. There have been cases where the image of the accused did not appear
at all or appeared in a flawed and blurred manner. See Public Defender’s Monitoring Report on Remote Hearings of
Criminal Case, available at: < https://bit.ly/3p8Z6Rx >, [last visited: 10.02.2021].
342
The International Association for the Prevention of Torture, together with non-governmental organizations, has lodged
a complaint before the Inter-American Commission on Human Rights regarding a resolution for Brazil on conducting
remote trials. The International Association for the Prevention of Torture believes that it is possible to conduct trials on
preventive measures in the courtroom during a pandemic in order the judge be able to identify suspicious cases.
Information is available at: https://bit.ly/3a79BQK, [last visited: 08.02.2021].
343 Letter NMIA62100068437 of the Temporary Detention Department of the Ministry of Internal Affairs dated 12 December
2021.
344 According to the letter NMIA62100068437 of the Temporary Detention Department of the Ministry of Internal Affairs of
12 December 2021, repair works were carried out in the isolators of Ozurgeti, Senaki, Chiatura and Sighnaghi, where medical
points were arranged and started operating. Various minor repair / cosmetic works were also carried out in 19 isolators:
temporary detention isolators in Telavi, Sagarejo, Kvareli, Gori, Khashuri, Dusheti, Mtskheta, Rustavi, Marneuli, Tsalka,
Kutaisi, Zestaponi, Batumi, Kobuleti, Akhalkalaki, Akhaltsikhe, Poti, Mestia and Chkhorotsku. As part of the repair works, the
339
340
107
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents