date; we do welcome the fact though that, as the Ministry of Corrections informed us,
Minister agrees with the recommendation and has started elaboration of new forms
for registration of prisoner injuries.
Along with documenting injuries, it is equally important, in the interests of torture
prevention, to immediately report possible cases of ill-treatment to the relevant
authorities,. Reporting to the relevant authorities of and subsequently launching an
investigation into what might constitute ill-treatment is mandatory under both the
national legislation and the international standards.
Prison doctors must bear in mind the best interests of the patient and their duty of
confidentiality to that person, but the moral arguments for the doctor to denounce
evident maltreatment are strong. Where prisoners agree to disclosure, no conflict
arises and the doctor’s moral obligation is clear. If a prisoner refuses to allow disclosure,
doctors must weigh the risk and potential danger to that individual patient against the
benefits to the general prison population and the interests of society in preventing the
perpetuation of abuse.21
The inspection visits paid by the National Preventive Mechanism during the reporting
period have shown that prisoner injuries discovered on admission get reported by
prison authorities to the Prosecution Office, while injuries occurred while in prison are
reported to the Investigation Department of the Ministry of Corrections.
During its inspection of the Institution no. 3 of the Penitentiary Department, the Special
Preventing Group discovered that two cases of injured prisoners were not reported
to the Investigation Department of the Ministry of Corrections and that happened
against the background that all other cases of injuries were reported.
2.2.2. PROVISION OF LEGAL AID TO POSSIBLE VICTIMS OF ILL-TREATMENT
Article 14(1) of the United Nations Convention against Torture stipulates that “Each
State Party shall ensure in its legal system that the victim of an act of torture obtains
redress and has an enforceable right to fair and adequate compensation including the
means for as full rehabilitation as possible.”
The United Nations Committee against torture highlights the importance of affirmatively
ensuring by the States Parties that victims and their families are adequately informed
of their right to pursue redress. In this regard, the procedures for seeking reparation
should be transparent. The States Parties should moreover provide assistance and
support to minimise the hardship to complainants and their representatives. Such
proceedings should not impose a financial burden upon victims that would prevent
or discourage them from seeking redress. The Committee recommends implementing
mechanisms that are readily accessible. Judicial remedies must always be available to
victims, irrespective of what other remedies may be available. States Parties should
21
The Istanbul Protocol, par. 72.
24 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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