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
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