Monitoring of agencies subordinated to the Georgian Interior Ministry
of Convention for the Protection of Human Rights and Fundamental Freedoms (Right to liberty and security). The
Special Preventive Group believes that detention of citizens on the basis of article 45 of the GCAO should be more
well founded.
An interesting reality has been observed in Samtskhe-Javakheti Region, namely Akhalkalaki where, after inspection of
registry journals for detained persons and persons transferred to temporary detention isolators it was determined that
workers of the Akhalkalaki police were detaining everybody who moved around the town having consumed alcohol in
accordance with the administrative regulations, notwithstanding whether the person committed an act prohibited by the
Georgian legislation and administratively punishable acts or not. After examination of the situation it was determined
that persons having consumed alcohol, were delivered to the Akhalkalaki police department where they were detained
for several hours, sometimes, even till morning and then released. It shall be hereby noted that persons detained in such
a manner were not put in temporary detention isolators of Akhalkalaki and so far it is not clear what status were used
to detain them in the police building.
RIGHT TO A TELEPHONE NOTIFICATION
The Special Preventive Group often met with detained who stated that after the detention they were not allowed to
contact their families. CPT gave a positive assessment to a fact that the legislation stipulates a right of a detained to
inform relatives and family about the detention, though noting that in practice this right is not suitably implemented.
In accordance with the paragraph 10 of the article 38 of the Criminal Procedure of Georgia, “upon detention or in case
of arrest an accused has a right to communicate a fact of his/her detention or arrest and his/her location, state, as well
as to inform his/her creditor, other physical or legal person towards whom he/she has legal obligations”. Despite the
law requirements, often investigation does not allow accused to exercise their right to a phone call.
Accused Ivane P. addressed Public Defender with a statement where he noted that upon detention he demanded to
inform his family members about his detention which he was denied by an investigator on the grounds that he himself
would inform Ivane P.’s family about his detention.
Recommendations to the Ministry of Interior of Georgia
To ensure implementation of the right stipulated in the part 10 of Article 38 of the Georgian
Criminal Procedural Code in case of detention or arrest.
Police has an essential role in the state with the view of ensuring of public order and security. It shall perform statutory
obligations in order to avert actions violating the legislation. Additionally, while fulfilling their obligations workers of
law enforcement agencies shall respect and protect human dignity and protect human rights. Effectiveness of the police
activity in a democratic state depends on the level of human right protection. Every worker of the police is responsible
for his/her actions or inaction. At the same time, police leadership is responsible for conformity with human right
standards.
Forms, methods and means of conduct of policeman activities are defined in Georgian legislation.
According to Georgian law “On police”, while implementing its tasks, it undertakes to strictly protect legal rights of a
citizen when fulfilling its duty, to render relevant assistance to other agencies of the state and citizens within limits of
its competence, strictly follow work ethic in relations to citizens.
NPM Report
2012
TREATMENT
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