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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents