treatment or punishment in the system of the Ministry of Internal Affairs. 9 out of the 17
recommendations have been endorsed in the resolution of the Parliament of Georgia.193 One proposal
issued to the Parliament of Georgia has not been implemented. 2 out of 16 recommendations made to the
Ministry of Internal Affairs of Georgia have been implemented, 6 recommendations have been partially
implemented, 8 have not been implemented.
The purpose of the present chapter is to review in detail the recommendations offered in the report of
the National Preventive Mechanism and their implementation. Information on the above issues is
additionally presented in the relevant thematic chapters.
Proposal to the Parliament of Georgia
In 2019, the National Preventive Mechanism drew up a proposal to the Parliament of Georgia, in which
the Public Defender requested amendments to the Administrative Offences Code to determine the
obligation of the judge to apply to the relevant investigative body in case he/she suspects that a person
under administrative detention was subjected to torture, degrading or inhuman treatment or
punishment, or if the person under administrative detention himself/herself tells the court about the
above. This recommendation has not been implemented. It should be noted that despite increasing the
role of a judge at the stage of criminal proceedings, the authority of the latter to address the
investigative body does not apply to alleged violence committed by law enforcement officers against
persons arrested for administrative offences. The cases studied by the National Preventive Mechanism
show that the cases of alleged ill-treatment of persons arrested for administrative offences are
frequent,194 which makes it important to extend the above power of the judge to similar cases.
Recommendations of the Ministry of Internal Affairs of Georgia
One recommendation to the Ministry of Internal Affairs of Georgia concerned access to a lawyer and
provision of information to the family. In particular, the Public Defender called on the Ministry of
Internal
Affairs
to
examine
whether
the
detainees'
right
to
contact
his/her
family
members/relatives/lawyers and to inform them about his/her detention was protected and to develop
a mechanism that would make it possible to monitor the realization of this right, as well as to provide
information on the results of the examination to the Public Defender’s Office. The recommendation
has been partially implemented. The recommendation has been endorsed by the Parliament of Georgia
193
Resolution of the Parliament of Georgia on the Report of the Public Defender of Georgia on the Situation of
Human
Rights
and
Freedoms
in
Georgia
in
2018,
available
at:
<
https://www.matsne.gov.ge/ka/document/view/4659391?publication=0 > [last accessed: 15.01.20].
194 According to the data processed by the Special Preventive Group by using a statistical programme (SPSS), the
number of persons under administrative detention, who had complaints, increased by 5.2% in 2019 compared to
2018. As for criminal cases, the percentage of those who had complaints against the police decreased by 5.2%
compared to 2018. In addition, in 2019, higher percentage of persons under administrative detention indicated
that they were harmed during or after arrest (42.8%), compared to those detained on criminal charges (28.3%).
72
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