ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 2013
are investigating these cases.
In 2013, 16,533 individuals had been detained in temporary detention isolators. 7,095 of these individuals had injuries of whom 359 alleged that they had been injured either during or after arrest. Only 111 individuals complained
about how police treated them and their complaints were forwarded to the Prosecution Office for further action.
When monitoring the temporary detention isolators, the Special Preventive Group examined locally held protocols
about external injuries found on the bodies of detainees. In some cases, the detainees were not complaining about
the police behavior but indicated that they had been injured during their arrest. Sometimes the degree and the
seriousness of injuries described were such as to reasonably lead to a conclusion that the individual had been subjected to ill-treatment. On a number of occasions, the detainees stated that they had been ill-treated by the police
but refused to make any complaints either to the representatives of temporary detention isolators or on admission
to the penitentiary institutions since, as they explained, they feared the proceedings in their case would go in an
unfavorable direction if they’d start complaining about the authorities.
We would like to note a positive development that none of the individuals detained in temporary detention isolators and penitentiary institutions complained about any ill-treatment the employees of the isolators. As already
mentioned, in some cases the prisoners alleged the police treated them violently but, when it comes to the staff of
temporary detention isolators, the detainees said, they behaved correctly trying to take their needs into account as
much as possible.
The monitoring showed that when an individual is brought to a temporary detention isolator with various injuries,
the isolator administration will involve the prosecution office only if the detainee complains of the actions of the
law enforcement bodies.
In terms of effectiveness of investigation into possible ill-treatment, the European Committee for the Prevention
of Torture (CPT) has stated that when persons detained by law enforcement agencies are brought before prosecutorial and judicial authorities, this provides a valuable opportunity for such persons to indicate whether or not they
have been ill-treated. Further, even in the absence of a clearly expressed complaint, these authorities will be in a
position to take action in good time if there are other indicia (such as visible injuries, a person’s general appearance
or behavior) that ill-treatment might have occurred.103
The Public Defender has recommended many times that if the nature of the injuries on the detainee’s body suggests that the person might have been ill-treated, the administration of the temporary detention isolator should,
whether or not the detainee is complaining, notify a supervising prosecutor thereabout for the latter to examine the
origin of the injuries. Unfortunately, the Public Defender’s recommendation has not be fulfilled this far.
LIVING CONDITIONS IN TEMPORARY DETENTION ISOLATORS
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We believe the living conditions of individuals detained in temporary detention isolators must be consistent with
both national and international standards. Under Article 10 of the United Nations Standard Minimum Rules for
the Treatment of Prisoners, “all accommodation provided for the use of prisoners and in particular all sleeping
accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly
to cubic content of air, minimum floor space, lighting heating and ventilation.”
Pursuant to the Order of Interior Minister No. 108 dated 1 February 2010 approving the “A model statute for
temporary detention isolators, internal regulations of the isolators and additional instructions on the operation of
the isolators”, the floor space per each person detained under the administrative rule shall be no less than 3 square
meters; the place of administrative detention shall have a window of such properties as to allow daylight in and
provide natural ventilation; the place where administrative detainees are accommodated must also be provided with
heating appropriate to seasonal requirements; individuals detained under the administrative rule must be provided with beds, matrasses, blankets and linen that are compatible with health requirements and are appropriate for
normal sleep. Administrative detainees have the right to receive parcels, food and clothes. Individuals who have
been sentenced to administrative detention for more than 7 days and nights as well as juveniles who have been
sentenced to administrative detention for more than one day and night must be able to take a shower twice a week
103 14th General Report on the CPT’s activities, 2004, par. 28.
NPM Report
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