cases, detainees are either not given any or are provided only with partial information on their rights
during the detention or pre-interview period. In an interview with a special preventive group lawyers also
focus on this issue, noting that the detainee first received information about his or her rights from a
lawyer.
The Public Defender welcomes the placement of posters in police stations in order to raise the level of
awareness about the rights of detainees. In the vast majority of police facilities and temporary detention
facilities visited by the Special Preventive Group in 2020, large posters containing information on
procedural rights were placed at the entrances. However, in addition to informing through posters, which
the detainee may not even be able to read, it is important to provide timely information to the detainee
in an understandable language. It should also be noted that a list of procedural rights is available in
temporary detention facilities in different languages.295
3.4.2. Access to a lawyer and informing the family
Access to a lawyer
Timely access to a lawyer is the most important guarantee for the prevention of ill-treatment of a detainee
by the police, as the person is in the most vulnerable position during the first hours of detention. 296
According to the data processed using a statistical program by the special preventive group, in 2020, the
rate of involvement of a lawyer in the case within the first 24 hours has significantly improved. In particular,
in 2020, in criminal cases (430 cases in total), a lawyer was involved in 45% of cases in the first 24 hours,
and in 29% in 48 hours.297 In 2020, a very small number of detainees interviewed by a special preventive
group met a lawyer at a police station.298 In focus groups conducted in 2020, lawyers noted that it is rare
for a detainee to meet a lawyer at a police station. The same trend is confirmed by the results of an online
survey of lawyers.299 It should also be noted that the time of request or contact with a lawyer by the
detainee is still not recorded.300
In 2020, lawyers participating in the focus group noted that in some cases, their meeting with the detainee
was artificially delayed after they arrived at the police station. In these cases, police officers told them they
did not know if the detainee was in the building or if they really wanted to meet with a lawyer.301 In 2020,
more than half of the lawyers in the focus group and online survey said that if they had difficulty locating
In Georgian, Russian, English, Azerbaijani, Armenian, German, French, Arabic and Turkish.
According to the data processed by the SPSS program, the average length of time under police control is 4.5 hours,
and in rare cases, it has been longer. Namely: 8 hours (4 cases), 9 hours (8 cases), 10 hours (6 cases), 11 hours (1 case), 12
hours (1 case), 13 hours (2 cases), 14 hours (2 cases) , 15 hours (1 case), 16 hours (1 case), 17 hours (1 case) and 19 hours (1
case).
297 Statistics on the involvement of a lawyer during the first 24 hours by years: 2017 -15%, 2018 -11.9%; 2019 - 24.6%.
298 Out of the 58 respondents, 5 inmates reported that the lawyer met at the police station.
299 Results of an online survey of lawyers: 28% stated that they mostly meet at a police station; 62% percent say they mostly
meet the detainee in the isolator, 10% elsewhere.
300 See Chapter on Implementing the Recommendations.
301 21% of lawyers surveyed online stated that they could not determine the whereabouts of the detainee often or very
often in 2020, 13% said that in 2020 there were at least 1 case where the location of the detainee could not be determined.
The same trend is confirmed by more than half of the lawyers participating in the focus group.
295
296
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