1441 of the Criminal Code of Georgia should criminalise torture committed through the
acquiescence of a public official or other person acting in an official capacity.28 It should
be pointed out that this proposal has not been fulfilled. As the Public Defender observed
in the Parliamentary Report of 2015, the provision of legal remedies is an essential aspect
of the protection of the victims of torture and ill-treatment. It is noteworthy that the
protection of the victims of torture and ill-treatment was one of the main objectives of
the 2015-2016 Action Plan on Fighting against Torture. The task to attain this objective
involved analysing the legislation in force, its further improvement to provide victims with
effective legal aid and legal protection.29
In accordance with the Law of Georgia on Legal Aid, only indigents are as a rule entitled to
free legal services, unless otherwise stipulated by law. The mandate of the public law entity Legal Aid Service does not envisage the provision of free legal services to victims of torture at the places of deprivation or restriction of liberty. Accordingly, in the Parliamentary
Report of 2015, the Public Defender of Georgia proposed to the Parliament of Georgia to
amend the Law of Georgia on Legal Aid to provide alleged victims of ill-treatment with
adequate legal services at the expense of the state in all cases.30 This recommendation
has not been fulfilled yet.
It is noteworthy that according to the information provided by the Investigative Department of the Ministry of Corrections and the Office of the Chief Prosecutor of Georgia, not
a single staff member of a penitentiary establishment was convicted in 2016 for ill-treatment.
In 2015, the Public Defender prepared four proposals concerning alleged ill-treatment
by the staff of the Penitentiary System.31 In 2016 the Public Defender submitted three
proposals related to the alleged physical abuse by the staff of the penitentiary establishments.
During the visits made in 2016, the members of the Special Preventive Group obtained
information on isolated incidents of ill-treatment. In particular, inmates reported psychological pressure (threat and intimidation) and physical violence from the administration
of an establishment. According to the inmates, in some cases, the penitentiary establishment personnel address them rudely, raise their voice without any apparent reason and
attempt to create a conflict situation. As inspections revealed, there were isolated cases
of violence among inmates in some penitentiary establishments. The Public Defender of
Georgia did not bring these cases to the attention of investigative bodies as the inmates
refused to take legal actions.
Medical screening of inmates during their admission to closed establishments should be
observed with medical confidentiality. It is of decisive importance that an inmate should
28
29
30
31
The Report of the Public Defender of Georgia on Protection of Human Rights and Freedoms in Georgia, 2015,
p. 28.
2015-2016 Action Plan on Fighting against Torture, Inhuman, Cruel or Degrading Treatment or Punishment,
p 21, available at: http://police.ge/files/MONITORING/Documents/Action%20Plan%2015-16.pdf.
The Report of the Public Defender of Georgia on Protection of Human Rights and Freedoms in Georgia, 2015,
p. 28.
Ibid., p. 386.
NATIONAL PREVENTIVE MECHANISM (NPM), 2016
25
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