provide adequate legal aid to those victims of torture or ill-treatment lacking the
necessary resources to bring complaints and to make claims for redress.22
The possibility for persons taken into custody to have access to a lawyer is a fundamental
safeguard against ill-treatment. The existence of that possibility will have a dissuasive
effect upon those minded to ill-treat detained persons. Further, a lawyer is well placed
to take appropriate action if ill-treatment actually occurs.23
In Georgia, State-funded legal assistance is governed by the Law on Legal Aid, which
provides that such legal assistance shall be administered by the Public Law Entity “Legal
Aid Service”. Normally, only insolvent individuals are eligible for free of charge legal
aid, with a number of exceptions in certain circumstances. The mandate of the PLE
“Legal Aid Service” does not envisage provision of free-of-charge legal representation
to victims of torture at remand facilities and places of deprivation of liberty. This
means eventually that persons who may become subjected to ill-treatment during
their detention are not always eligible for a fundamental legal guarantee such as
access to a lawyer.
In order for torture victims to be involved in redress procedures for the restoration
of their rights, they must be provided with qualified legal assistance, which includes
drafting legal documents and representation before judicial and law enforcement
authorities. It is important that legal aid be ensured to these individuals from the
moment they wish to complain about any ill-treatment administered against them.
Under the Government Action Plan for 2014 – 2015 approved by the Georgian
Government Resolution No. 445 dated 9 July 2014, one of the projected activities is
improvement of effective legal aid for torture victims through financial and technical
support of the Free Legal Aid Service (including by funding the necessary expenses
required for effective defense). Unfortunately, this activity has not been implemented
this far.
2.2.3. PROTECTION OF VICTIMS AGAINST REPEATED ILL-TREATMENT
Pursuant to Article 13 of the United Nations Convention against Torture, each State
Party shall ensure that any individual who alleges he has been subjected to torture in
any territory under its jurisdiction has the right to complain to and to have his case
promptly and impartially examined by its competent authorities. Steps shall be taken
to ensure that the complainant and witnesses are protected against all ill-treatment or
intimidation as a consequence of his complaint or any evidence given.
One of the fundamental criteria for effective investigation of allegations of illtreatment, according to the Committee for the Prevention of Torture, is that for so
22 3rd General Report of the European Committee for the Prevention of Torture, 2012, paras. 29 and
30
23 23rd General Report of the European Committee for the Prevention of Torture, 2013, par.18
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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