stipulates that when registering injuries, in case of a patient’s consent, a health-care professional is obliged to take a colour photo of the injury.
The Public Defender of Georgia welcomes the fact that the issue at stake has been legally
regulated and considers that the approval of the above-mentioned procedure is clearly a
step forward. It is, however, noteworthy that the new procedure of registering inmates’
bodily injuries was not enacted in the reporting period.35 Registering of injuries was conducted, as in previous years, in accordance with the procedure in force, therefore failing
to ensure effective identification of the incidents of alleged treatment and their documentation.
Furthermore, the Public Defender of Georgia believes it is necessary to make certain
amendments to the aforementioned procedure for the effective identification of alleged
ill-treatment. These considerations are discussed below.
Firstly, it should be pointed out that Article 6 of the Procedure for Registering Injuries of
Remand/Convicted Inmates at the Penitentiary Establishments of the Ministry of Corrections Sustained as the Result of Alleged Torture, and Other Cruel, Inhuman or Degrading
Treatment as approved by Order no. 131 of the Minister of Corrections of Georgia, dated
26 October 2016, in cases where a health-care professional has suspicions about torture
and other cruel, inhuman or degrading treatment, he/she has to inform the Investigative
Department of the Ministry of Corrections.
The Public Defender welcomes the fact that the obligation of a health-care professional
to inform investigative authorities has been statutorily stipulated. However, the Public
Defender still believes that initiating and conducting investigation by the Investigative
Department of the Ministry does not fulfil the obligation to carry out an independent,
impartial and effective investigation.
In the Parliamentary Report of 2015, the Public Defender of Georgia issued a recommendation to the Minister of Corrections with regard to informing investigative authorities
on alleged ill-treatments. It was recommended to provide in a respective sub-legislative
normative act for the obligation of a penitentiary establishment’s doctor to notify directly
the Office of the Chief Prosecutor of Georgia upon receiving information of, or finding, an
inmate who could have been possibly subjected to ill-treatment.
According to the Ministry of Corrections, the practice of notifying the Investigative Department of the Ministry is dictated by the regulation on Determining Investigative and
Territorial Jurisdiction of Criminal Cases as approved by Order no. 34 of the Minister of
Justice, dated 7 July 2013. In accordance with the aforementioned regulation, the investigators of the investigative unit of the Ministry of Corrections of Georgia have the jurisdiction over crimes allegedly committed on the premises of penitentiary establishments
within the system of the Penitentiary Department.
Stemming from the above-mentioned, the recommendation at stake has not been fulfilled and, therefore, the position of the Public Defender on this issue remains the same.
Furthermore, the Public Defender deems it necessary that the respective sub-legislative
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Will be in force as of 1 April 2017.
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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