A/HRC/31/57/Add.3 A. Torture and ill-treatment 36. In interviews with numerous inmates, including with those who had been in the system before 2012, the Special Rapporteur heard consistent accounts that physical violence, including corporal punishment, verbal mistreatment and forced confessions, had been virtually abolished in Georgian prisons. Similarly, the Special Rapporteur did not hear any testimonies of mistreatment at the hands of police or of investigators. 37. The Special Rapporteur also noted that, generally, both corrections and police personnel are credited with acting professionally and respectfully towards inmates. 38. On several occasions, the Special Rapporteur found evidence of traumatic physical and psychological sequelae from torture committed several years earlier, and of mental disturbances, in the form of depression and post-traumatic stress. 39. The Special Rapporteur observed several cases of persons with self-inflicted wounds, used a way to draw attention or to protest against detention or due to psychological disorders. 40. According to the Ministry of Corrections, the number of deaths in custody has decreased substantially in recent years, while the number of suicides has been stable. An independent investigation, including a forensic autopsy, is reportedly conducted for every case of death in custody. The Special Rapporteur was informed that, in 2013, 23 deaths were registered, of which six suicides; in 2014, the number had risen to 27 deaths, of which seven were suicides. He learned that the Ministry of Corrections was developing a specific suicide-prevention programme; he did not, however, see sufficient data to make any conclusions about its effectiveness. 41. During his visit, the Special Rapporteur was informed about two inmates who had alleged being beaten (one in November 2014, the other in January 2015) while they were staging a hunger strike to protest against what they alleged was unsatisfactory medical attention. In both cases, a complaint was filed; an investigative unit from the Ministry of Corrections interviewed them, then informed them that investigations were ongoing. The Special Rapporteur was informed that, at the time of his visit, the investigations were still pending. A third inmate who had alleged mistreatment during interrogation refused to elaborate. 42. The Special Rapporteur learned of several recent cases of physical and verbal abuse by law enforcement officers despite the guarantees provided for by the law for arrested and detained persons with regard to legal counsel, medical examination, and notification of relatives about the arrest, and noted with concern, in this context, reports of improper investigations. 43. In addition, the Special Rapporteur heard testimonies of individuals who, without their consent, had been taken from the street for a “conversation” in a police car or police station. He notes that, under the law, two procedures may qualify as “conversations”; he also notes, however, that both procedures require that information be given voluntarily. The Special Rapporteur wishes to stress that taking a person for a “conversation” without explicit and freely given consent not only restricts that person’s right to liberty and security but also heightens the risk of torture and ill-treatment. 44. Article 174 of the Criminal Code sets out the rules and duration of detention. According to article 174, a police officer who makes an arrest must immediately take the detainee to the nearest police station or premises of another law enforcement agency. The Special Rapporteur notes that a detainee may be held in a police station only for the purpose of conducting investigative activities, and for no more than eight hours. In this regard, he stresses the importance of the proper registration of detainees and their access to 8

Select target paragraph3