In order to guarantee the presence and movement of a person only in spaces covered by video
surveillance, it is important that the corridors and connecting areas of all police facilities be equipped
with a video surveillance system. This will make it possible to know whether a person entered an area
that is not covered by cameras, who accompanied that person and how long he/she stayed there.
Duration of presence under police control – Given that the risk of ill-treatment of the detainees is still
high at police facilities, it is important to transfer detainees to a temporary detention facility
immediately after detention. According to Article 174 (2) of the Criminal Code of Georgia, after
detention, the police officer shall immediately take the detainee to the nearest police facility or other
law enforcement agency. In case of the transfer of the detainee to the police facility, the law does not
specify the period that the detainee may spend there before being transferred to a temporary detention
facility. The monitoring revealed that in rare cases, detainees spent 13 to 20 hours under police control,
while the average time was 4 hours.
If a person is under police control for a long time, there are high risks of physical violence and
psychological pressure. The Public Defender believes that the transfer of the detainees directly to
temporary detention facilities is justified on the following grounds as well: Upon entering the detention
facility, the detainee undergoes a medical examination in accordance with the Istanbul Protocol; in the
temporary detention facility, the detainee is more likely to disclose alleged ill-treatment by the police;
the time of placement of the detainee in the temporary placement isolator is accurately recorded; there
are better material conditions in the temporary placement isolators.244
According to Article 21 of the Organic Law of Georgia on Police, the police have the right to invite a
person to an interview at the police facility. From the legal point of view, the person invited to an
interview does not have any status and arriving at/leaving the police facility is formally voluntary. They
are not provided with procedural safeguards against ill-treatment, abuse of power, pressure and
physical violence by police. Moreover, no document is drawn up when a person enters or leaves the
police facility, which would have made it possible to prove that the person indeed entered the police
facility.
During interviews with the Special Preventive Group, several detainees noted that they had voluntarily
arrived at the police facilities prior to their arrest. Interviews with lawyers revealed that their clients,
rooms, is not against law and cannot be considered a violation of police officers' right to privacy. In particular,
according to Article 12 (3) of the Law of Georgia on Personal Data Protection: “A video surveillance system may
be installed in the workplace only in exceptional cases, if it is necessary to protect human security and property,
or
to protect secret information,
or
for
the
purposes
of
an
exam/test and if these goals may not be reached by other means." Clearly, the safety of the detainee – his/her
protection from torture and ill-treatment - is a legitimate aim that would justify the installation of a video
surveillance system in such places.
244 For more information, see: 2018 Report of the National Preventive Mechanism of the Public Defender of
Georgia, available at: < https://bit.ly/2J3y0Zr >, [last accessed: 03.02.2020].
89
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