A/HRC/31/57/Add.3
107. While cases of physical violence, including corporal punishment, and verbal
mistreatment by prison staff have almost entirely disappeared, Georgia continues to
face a challenge with regard to police officers overstepping their powers, as seen in
particular in the recent allegations of police abuse.
108. Legislative and law enforcement agencies in Georgia are advised to bring all
arrested persons immediately to temporary placement isolators. All relevant
investigatory action must be conducted in the isolators, to ensure that all guarantees
of detainees are safeguarded. The recording of the time of placement and of the health
conditions of detainees protects them from ill-treatment and minimizes the risk of
arbitrary apprehension and deprivation of liberty. The practice of taking people to a
police station for an “off-the-record” conversation should be abolished, given that it
creates room for arbitrary or unregistered arrests and subsequent ill-treatment.
109. Despite the significant prosecutions and convictions for cases of torture and
abuse of the recent past, much remains to be done. Hundreds of victims are still due
an effective remedy. In promoting accountability, the Government faces the challenge
of ensuring that old, present and future cases of violations of torture and ill-treatment
committed by law enforcement officers and prison staff are properly dealt with
through prompt, effective and transparent investigation, prosecution, punishment and
remedy by an independent and impartial body.
110. To respond to the crucial need to prevent any form of retrogression, reforms
must be consolidated and developed to ensure, inter alia, better conditions of
detention. The national preventive mechanism must be strengthened, and an effective
framework for investigating, prosecuting, punishing and remedying past, current and
future cases of torture and ill-treatment should be developed and implemented.
B.
Recommendations
112. The Special Rapporteur recommends that the Government of Georgia, in a
spirit of cooperation and partnership and with appropriate assistance from the
international community, including the United Nations and other actors, take decisive
steps to implement the recommendations below.
113. With regard to legislation, the Special Rapporteur recommends that the
Government of Georgia:
(a)
Review Criminal Code article 174(2) to ensure clear rules and guidelines
for procedures to be followed immediately after an arrest, including with a view to
defining a time limit for holding the arrested person in a police station before
transferring the person to a temporary detention isolator;
(b)
In accordance with Criminal Code article 218(8), and to ensure that
offences of torture and ill-treatment are duly sanctioned, take measures to close any
gap – whether due to inadequate use of plea bargaining or erroneous interpretation of
article 144(1) – that would allow perpetrators of torture and ill-treatment to receive a
more lenient sentence;
(c)
Take steps to eliminate all coercion in plea bargaining, including by
revising the restrictive and prolonged nature of the current pretrial detention regime;
(d)
Take the steps necessary to prevent the prison system from reaching or
exceeding its maximum capacity;
(e)
Revise the measures enacted in early 2013 and make necessary
adjustments to avoid imbalances and to ensure fairness in their application;
18
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