In the 2019 report of the National Preventive Mechanism, the Public Defender of Georgia issued 12
recommendations and 1 proposal for the prevention of ill-treatment in police institutions and temporary
detention facilities of the Ministry of Internal Affairs. One proposal to the Parliament of Georgia was not
implemented. Out of 12 recommendations issued to the Ministry of Internal Affairs of Georgia, 3
recommendations have been partly implemented, and 9 recommendations have not been implemented.
In the 2019 report of the National Preventive Mechanism, the Public Defender prepared a single proposal
addressed to the Parliament of Georgia in order to strengthen the guarantees of protection against
torture and ill-treatment of the persons under administrative proceedings. The Public Defender
demanded that, like the Code of Criminal Procedure, the Code of Administrative Offenses clearly define
the role of a judge in preventing torture and ill-treatment, which has not been done. It should be noted
that the law does not clearly define the authority of a judge to respond if a person is brought before a
judge in an administrative offense case who shows signs of ill-treatment. Unfortunately, cases reviewed
by the National Preventive Mechanism show that occasions of alleged ill-treatment of persons arrested
for administrative offenses are still frequent.254 Five recommendations to the Ministry of Internal Affairs
concerned the production of audio-video recordings as one of the guarantees of protection from illtreatment.255 The Public Defender considers that audio-video recordings are an effective means of
detecting cases of ill-treatment, obtaining neutral evidence and monitoring the realization of the rights
of persons under police control in general, as well as protecting police officers from false accusations.
The Committee of Ministers of the Council of Europe, in its decision on the Tsintsabadze Group's case,
called on the Georgian Government to strengthen guarantees for the prevention of torture, in particular
to consider the use of audio-video recordings of detainees being in communication with law enforcement
officials. Including their interview and interrogation process.256
The Office of the State Inspector cites among the main challenges in the 2019 report the circumstance
that the Investigative Department of the Service fails to obtain significant neutral evidence, such as
recordings of police cameras, video recorders of their vehicles, and video cameras placed in law
enforcement offices.257
It is unfortunate that despite the importance of the recommendations made by the Public Defender over
the years regarding the production of audio-video recordings, the Ministry refuses to implement these
recommendations due to various reasons and with new positions changed from year to year. Below are
the answers provided by the Ministry to the recommendations of the Public Defender.258
254Of
the 2,207 cases of administratively arrested persons studied by the Special Preventive Group, 16% (355 cases) were
considered suspicious (there is a suspicion of violence) and 3.4% (3,108 cases) out of 3,196 criminal cases.
255 For additional information see the Chapter: Audio and Video Recordings / Documentation.
256 Decision of the Committee of Ministers of the Council of Europe on the case of the Tsintsabadze Group, paragraph 13,
available at the following address: https://bit.ly/3a5Q0jT [Last visited: 08.01.21].
257 The 2019 report of the State Inspector's Office, available at the following address: https://cutt.ly/pkEyfSL [Last visited:
06.01.21].
258 Letter MIA 8 20 02811658 received by the Public Defender's Office on 3 December, 2020 in response of the letter №033/11207 sent on November 11, 2020.
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