One of the recommendations of the Public Defender requested the Ministry to carry out recording by
technical means (audio-video recordings) in a pilot mode in several police stations of the process of
providing information on the rights to a person detained by police officers. This recommendation has not
been implemented. The response received from the Ministry states that the detention protocol currently
provides part of the definition of the right to the detainee, which is further confirmed by the signature of
the detainee on the detention protocol. Accordingly, the Ministry notes that this confirms the fact that
the detainees became aware of their rights. In addition, the response states that in the relevant structural
subdivisions and territorial bodies of the Ministry, during the current year, information posters reflecting
the list of rights of administrative/criminal detainees were placed in a prominent place in the common
area of police stations.271
The European Committee for the Prevention of Torture emphasizes that the detainee should be informed
of his or her rights verbally and in writing as soon as possible at the time of arrest.272 The definition of
rights is also guaranteed by criminal procedural law,273 however, interviews conducted by a special
preventive group show that, as in previous years, the practice of informing about the rights of a person
detained by the police is still problematic. In particular, in most cases, neither during the arrest nor before
the interview, are the detainees explained their rights or are only provided with partial information.274
Therefore, in order to facilitate the exercise in practice of the fundamental right granted to the detainee
under Georgian law and to monitor this process, it is important to record the process of explaining the
rights of the detainee through audio-video recordings. It should also be noted that the production of
audio-video recordings should also be in the interests of the Ministry of Interior, as they can be used to
protect police officers from false allegations and to assess and further enhance the professional skills of
police officers. As for the placement of posters about the rights in police stations, the Public Defender
positively assesses this.
The Ministry of Internal Affairs does not agree with the ombudsman's recommendation to ensure the
immediate transfer of detainees to a temporary detention facility as a guarantee of protection against
torture and ill-treatment. According to the information received from the Ministry, the Ministry of Internal
Affairs of Georgia does not agree with the mentioned recommendation, as it is related to many logistical,
infrastructural, procedural problems. The Public Defender explains that the purpose of the
recommendation was to reduce the length of stay of detainees under police control, as in such cases
there is a high risk of physical violence and psychological pressure by police officers.275 In addition, this
recommendation is particularly relevant in situations where the Public Defender's key recommendations
regarding safeguards against torture and ill-treatment are unfulfilled. It should be noted that in addition
to the minimum protection guarantees for detainees under Georgian law, guarantees of protection from
Letter MIA 8 21 00308117 from the Ministry of Internal Affairs received by the Public Defender's Office on February 9,
2021.
272 28th Annual Report of the European Committee for the Prevention of Torture, 2019, paragraph: 66, available in English
at: <https://rm.coe.int/16809420e3>, [last visited: 08.02.2021].
273 Criminal Procedure Code of Georgia, Article: 38 (2) and Article 174 (1).
274 For more information see Chapter: Guarantees of protection against torture and ill-treatment.
275 For more information see Chapter: ill-treatment.
271
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