Protection of Human Rights and Fundamental Freedoms.196
The 1984 UN Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment defines torture as ‘any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or a confession, punishing him for
an act he or a third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on discrimination
of my kind, when such pain or suffering is inflicted by or at the instigation of or with
the consent or acquiescence of a public official or other person acting in an official
capacity. It does not include pain or suffering arising only from, inherent in or incidental
to lawful sanctions.197
The Ministry of Interior has a key role for protecting public security and order in a
democratic society. The Georgian legislation defines forms, methods and means of the
Police’s operation. More specifically, the law states that ‘a police officer shall protect
the principles of the protection of and respect for fundamental human rights and
freedoms, the right to non-discrimination, commensurability, exercise of discreet
competences, political impartiality and transparency of its operations.198 ‘Forms and
methods of the Police’s operation shall not violate human respect and dignity, the
right to life and physical inviolability and property ownership as well as other basic
rights and freedoms. Nor shall he inflict unjustifiable damage to environment.199
N
Annual Data
2013
2014
1
2
Number of placed individuals
Placed individuals with injuries
16553
7095
17087
6908
3
Claims against the Police
111
198
There were more than 87 registered cases of filing claims by detainees against the
Police in 2014. It is worth noting that during the monitoring visits no complaints or
concerns were voiced by the detainees in regards with mistreatment by the staff of
detention facilities.
The Special Preventive Group also examined the protocols of external observation of
the detainees in detention facilities. In some cases individuals did not raise any claims
against the Police noting at the same time that s/he received injuries while being
detained. In few cases the degree of described injuries and their location raises doubt
196 The Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, November
4, 1950, Article 3: ‘No one shall be subjected to torture, inhuman treatment and degrading
treatment or punishment.’
197 UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment
(1984), Article 1
198 Police Law of Georgia, Article 8, Part I
199 Police Law of Georgia, Article 9, Part I
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
155
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