can be suspended from office only if he/she is formally found accused. Further, the law
does not contain any mandatory provision obligating the relevant authorities to move
a possible victim of ill-treatment to another institution.
We welcome the fact that the Interagency Coordination Council for the implementation
of measures against Torture, Inhuman, Cruel or Degrading Treatment, which has been
established by a Government Resolution no. 341 dated 7 May 2014, drafted a set of
amendments to the effect of increasing the role of judges in combating torture. The
amendments propose the following new regulations:
•• If, at any stage of hearing/proceedings, a judge doubts that the accused/con-
victed person has been subjected to torture, degrading or inhuman treatment, he/she will be authorized to request that the relevant investigative
body commence investigation;
•• A judge may issue a judicial order obliging the Penitentiary Department to
report to the court about the prisoner’s health status. The judicial order may
specify periodicity of such reporting;
•• If there is a likelihood that a prisoner’s life or health will be at risk if the
prisoner remains in the same remand facility / place of deprivation of liberty
or there is a supposition, including information received under paragraph
2 of this Article, that the prisoner has been or may be subjected to torture,
degrading or inhuman treatment, a judge may issue a judicial order obliging
the Penitentiary Department to move the prisoner to other remand facility /
place of deprivation of liberty.
2.2.3.1. INCOMPLIANT DETENTION CONDITIONS
According to the case-law developed by the European Court of Human Rights, Article
3 of the Convention may be violated not only by action but by the conditions in
which a person is kept detained. In Dougoz v. Greece, the Court elaborated detention
conditions/criteria, which, among others, include the standard that there should be
a normal temperature in the cell so that it is neither too hot nor too cold; bedding is
appropriate; and sanitation complies with the standards.
In Ramishvili and Kokhreidze v. Georgia, the European Court of Human Rights stated
that, under Article 3 of the Convention, the State must ensure that a person is detained
in conditions which are compatible with respect for human dignity, that the manner
and method of the execution of the measure do not subject the individual to distress
or hardship of an intensity exceeding the unavoidable level of suffering inherent in
detention.
In its judgment in Modârcă v. Moldova, the European Court of Human Rights explained
that a combination of different expressions of inappropriate living conditions may have
a cumulative effect to amount to violation of the right under Article 3 of the European
Convention on Human Rights (inhuman and degrading treatment).
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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