3. SITUATION IN THE AGENCIES UNDER THE CONTROL
OF THE MINISTRY OF INTERIOR OF GEORGIA
3.1. INTRODUCTION
The present report provides a review of findings resulting from the monitoring missions
by the National Preventive Mechanism at the Public Defender’s Office to police
departments and agencies under the control of the Ministry of Interior of Georgia.
It is worth mentioning that during the monitoring the members of the National
Preventive Mechanism were not impeded by any means and obstruction and moved
freely within the district departments and detention facilities under the control of
the Ministry of Interior. During the visits all staff members of the departments and
detention facilities fully complied with the law and cooperated with the representatives
of the Public Defender thus enabling the latter to implement a full-scale monitoring.
According to the Minister of Interior’s Decree 108 of February 1, 2010195 ‘the
following registration-identification logs of various purposes, electronic systems and
documentations will be used to facilitate smooth operation of detention facilities: a)
unified electronic database for registering detainees in detention facilities b) detainees
registration log c) registration log for detainees’ medical assistance d) communications
registry e) parcel registry f) protocols of detainees’ external examination g) list of prisons
subject to guarded transfer h) watches’ paper i) protocol of personal examination j)
archive card
The monitoring team examined the registry of detainees and the logs of those
transferred to detention facilities. The monitoring revealed that often registry and log
entries were incomplete and inaccurate. More specifically, it is always clear when a
person was detained by the police, when s/he was brought in the police department.
Nor was follow up information provided. In addition, numbering tends to be incorrect
and no indication of details pertaining to the breach of law. There are many cases
when sections are left blank in the logs.
Registries and logs run by the departments of Baghdati, Zestaponi, Tsageri, Sachkhere,
Chiatura, Ambrolauri, Tkibuli, Samtredia and Terjola contained the most errors, while
Vani, Khoni and Lentekhi district police departments turned out to be most consistent
and accurate.
3.2. PROTECTION FROM INAPPROPRIATE TREATMENT
The right to protection from torture, inhuman and degrading treatment is one of the
fundaments of a democratic state, enshrined in Article 3 of the Convention for the
195 Decree 108 of February 1, 2010 of the Minister of Interior of Georgia on Approving Additional
Instructions for Standard By-laws, Statutes of Detention Facilities and Operations of Detention
Facilities under the Ministry of Interior. Annex 3, Article 5
154 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents