it with injuries, it is the responsibility of the State to explain and justify where the detainee sustained
these injuries.251
Therefore, in order to provide more safeguards against ill-treatment and prevent false presumptions of
ill-treatment by police officers, the Public Defender believes it is necessary to accurately produce
documents and bring them in line with international standards.
The role of a judge - Judges can play an important role in the prevention of ill-treatment by police. This
role is recognized by Article 2 (1) of the UN Convention against Torture, which indicates the
importance of taking judicial measures to prevent torture.252
A positive addition was made to Article 1911 of the Criminal Procedure Code in July 2019. According
to the amendment, if at any stage of criminal proceedings, the judge suspects that the untried/convicted
person was tortured, degraded and/or treated inhumanely, or if the untried/convicted person himself/
herself tells the court about the above, the judge shall apply to the relevant body for response.
Nevertheless, according to the information provided by the lawyers specialized in criminal law, judges
do not properly consider the cases of alleged ill-treatment by police officers. Some of the defendants
interviewed by the Special Preventive Group said that they had visible multiple injuries (including in
the face area), but the judge did not pay attention to it.
The Public Defender considers it important to amend the Administrative Offences Code of Georgia and
to stipulate that if a judge suspects that a person under administrative detention was subjected to
torture, degrading and/or inhuman treatment, or if a person himself/herself tells the court about the
above, the judge shall apply to the relevant investigative body for response.
3.5. Conditions in temporary detention isolators
The Public Defender of Georgia/National Preventive Mechanism welcomes the repairs carried out in
2019 to improve the infrastructure and living conditions in temporary detention isolators.253 Despite
the above, conditions in a number of temporary placement isolators still need to be improved and
brought in line with international standards.
251
Judgment of the European Court of Human Rights in the case of Selmoun v. France, para: 87.
“Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of
torture in any territory under its jurisdiction," UN Convention against Torture, Art. 2 (1).
253 Baghdati, Samtredia, Senaki, Poti, Signagi, Lanchkhuti, Ozurgeti and Kobuleti temporary placement isolators
have been repaired.
252
92
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