significantly worsens the psychological conditions of the personnel of the establishment and creates a
risk of violence against prisoners.
The Public Defender believes that there is a need to increase the number of employees on duty in the
legal regime and security department, as long stays in stressful and isolated environment and busy work
schedule can demotivate employees, which can negatively affect the quality of work performed and also
lead to the outflow.
2.3.4. Deficiencies in detecting and documenting ill-treatment
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
obliges States to ensure a timely and impartial investigation of the allegations of torture and illtreatment.88 To this end, the country is obliged to introduce an effective mechanism for detecting cases
of violence, so that the facts of serious human rights violations do not go unpunished.89
An important role in detecting cases of violence in the penitentiary system should be played by the
doctors of the establishments, who should make every effort to record injuries on the bodies of prisoners
in accordance with the "Istanbul Protocol".90 The mechanism for documenting cases of violence in
penitentiary institutions is regulated by the Order N633 of the Minister of Justice of Georgia91, according
to which if a prisoner tells a doctor about torture and other cruel, inhuman or degrading treatment or if
the doctor himself suspects It should be recorded in a special form approved by the said order, photos
of the injuries should be taken and a report should be sent to the State Inspector's Office.
According to information received from the Special Penitentiary Service, in 2020, doctors in penitentiary
institutions registered only 10 cases in accordance with the above rule.92 It is noteworthy that, similar to
2019, in 2020 doctors in penitentiary establishments did not document any cases where the alleged
abuser would be an employee of the institution. In all cases the documentation was carried out at the
moment of a detainee being taken into the facility, when the detainee was indicating an employee of the
Ministry of the Interior as the perpetrator of alleged torture and other cruel, inhuman or degrading
treatment.93 The Public Defender believes that even in the case of documenting the injuries of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 12.
See the Judgment of the European Court of Human Rights on the case of Keenan v. United Kingdom Appl. No. 27229/95,
para. 122. See also Velasquez-Rodriguez v. Honduras, Inter-American Court of Human Rights, para. 174. 09.07.2020.
Available: https://www.corteidh.or.cr/docs/casos/articulos/seriec_04_ing.pdf [last visited: 28.01.2021].
90
Handbook on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment - Istanbul Protocol / UN, 2004. Available in Georgian: < https://bit.ly/3apCg2K >, [last visited: 31.01.2021].
91 Order N633 of the Minister of Justice of Georgia of November 30, 2020 on approving the rules for registration of injuries
of accused/convicts as a result of possible torture and other cruel, inhuman or degrading treatment in penitentiary
establishments. The mentioned order replaced the order N131 of October 26, 2016 of the Minister of Corrections and
Probation of Georgia from December 1, 2020.
92 According to the letter N367169/01 of the Special Penitentiary Service of the Ministry of Justice of Georgia dated
December 9, 2019, from January 1, 2019 to October 31, 2019, in accordance with the rule approved by the Order N131 of
the Minister of Corrections and Probation of October 26, 2016, in N8 and N2 penitentiary establishments injuries were
documented for 15 accused. Even in this case documentation was done during the eviction of the accused.
93 Letter №274047/01 of November 15, 2020 and letter №19222/01 of January 27, 2021 of the Head of the Medical
Department of the Special Penitentiary Service of the Ministry of Justice of Georgia.
88
89
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