were detected while being placed in the isolator, the relevant column of their detention protocols
indicated that no injury was reported. Accordingly, in the 21 cases indicated, it is unlikely that the author
of the protocol missed the visible injuries and there is a more firm presumption that a person would have
been subject to the ill-treatment after the arrest before being placed in solitary confinement.
The special preventive group pays special attention to the cases when the detainee brought to the
temporary detention isolator has injuries on the face. In 2020, 15 out of 463 suspicious cases the injuries
were detected on the detainee's face, while the arrest protocol indicated that the detainee was not
injured.291 In addition, in 35 cases where the detainee also had facial injuries, there was no record of injury
in the detention report.292 Clearly, if a detainee had facial injuries during arrest, police officers should have
noticed this and describe it in the arrest protocol.
As for the methods of physical violence perpetrated by police officers against detainees, as in 2019, the
methods of physical violence perpetrated by police officers in 2020 mainly include tight handcuffing and
beating with hands and legs. However, in 2 cases the detainee indicated that the police was pressing
fingers hard on his eyes in order to inflict pain.
In view of all the above, the Public Defender and the Special Preventive Group believe that the situation
in terms of police treatment of detainees has not changed significantly in 2020 compared to previous
years, and since 2017 the trend of deteriorating the treatment of administratively detained persons. In
addition, data processed by a special preventive group and the results of a interviews of detainees show
that police abusing of force during detention, physical and psychological violence after arrest, as well as
incomplete documentation of bodily injuries and use of force remain a challenge. Thus, the Public
Defender and the Special Preventive Group believe that it is especially important to establish strict control
over the activities of police officers and increase their accountability. It is essential that police officers
receive a clear message from senior officials that human rights violations will not go unpunished.
3.4. Guarantees of protection from torture and ill-treatment
This chapter provides information on the guarantees of protection against torture and ill-treatment in the
system of the Ministry of Internal Affairs as of 2020.
3.4.1. Definition of rights
It is important to inform the detainee about their rights verbally at the moment of arrest, and in writing
as soon as possible.293 According to the criminal procedural legislation,294
The detaining officer must
explain to the detainee in a comprehensible manner his procedural rights and the grounds for his
detention. Interviews with detainees conducted by a special preventive group again show that in most
In 11 of these 15 cases, the person was detained under administrative, and in 4 cases - under criminal law.
In these 35 cases the person was administratively detained.
293 28th General Report of the European Committee for the Prevention of Torture, 2019, paragraph: 66, available in English:
https://rm.coe.int/16809420e3 [last visited: 08.02.2021].
294 Criminal Procedure Code of Georgia, Article: 38 (2) and Article 174 (1).
291
292
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