A/HRC/31/57/Add.3
(m) Take measures to ensure that photographic documentation of trauma
injuries becomes routine practice, including by making available appropriate cameras
and other relevant equipment in all medical services;
(n)
In order to ensure consistency in the documentation of physical and
psychological trauma, take measures to ensure full compliance with international
standards, as set out in the Istanbul Protocol, for the effective investigation of torture
and ill-treatment, including by training detention and other health professionals on
the proper forensic assessment, documentation and interpretation of physical and
psychological trauma and ill-treatment, and on the application of the Istanbul
Protocol;
(o)
In that regard, take measures to improve the current medical
registration form, including by ensuring its compliance with the Istanbul Protocol;
(p)
With regard to transfers for medical reasons, in particular from
peripheral regions to the central penitentiary hospital in Gldani, ensure that all
measures are taken to prevent the sick inmate being subject to additional stress and
pain, including by providing local medical attention as promptly as possible;
(q)
Allocate the resources necessary for adequate infrastructure and work
opportunities in order to realize its plans to design an open system for inmates soon to
be released.
110. With regard to institutional reform, the Special Rapporteur recommends that
the Government:
(a)
In order to preclude any potential regression to the practice of torture,
consolidate as State policy the reforms made over the past two years, including
through further legislation and policy directives, and through a firm commitment to
breaking the cycle of impunity;
(b)
In that regard, ensure the participation of all stakeholders and take into
account as many views and concerns as possible in the decision on how best to
organize institutional, procedural and jurisdictional resources to ensure
accountability for torture and to prevent future mistreatment;
(c)
Provide alternatives to incarceration in pretrial situations, including for
the purpose of ensuring appearance at trial.
111. The Special Rapporteur stresses that pretrial detention should be the exception,
not the rule, for persons who are presumed to be innocent until proven guilty, and
recommends that any judicial decision to remand defendants to pretrial detention be
carefully justified, in each case, and under strict criteria, including the likelihood of
the defendant of absconding or of repeating the offence allegedly committed.
112. The Special Rapporteur requests the international community to support the
efforts of Georgia to implement the above-mentioned recommendations, in particular
in its efforts to respond to the challenge of consolidating its recent reforms and
initiatives, including by designing and launching an effective framework for
investigating, prosecuting, punishing and remedying cases of torture and illtreatment.
21
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