and has been reflected in its resolution.195 According to the reply received from the Ministry, the
Human Rights and Investigation Quality Monitoring Department of the Ministry of Internal Affairs of
Georgia examined documents on arrest and provision of information on arrest196 throughout Georgia
and found no significant violations of the requirements of procedural law. In addition, the Ministry's
letter reads that the Department prepared a recommendation on the methodology of drawing up an
arrest document, as well as a separate form of a document on the provision of information about arrest,
which shall be filled in by persons authorized to detain. As for the mechanism of controlling the
realization of the right, the letter reads that the Department conducts daily monitoring of criminal
cases and checks the protection of the detainees’ rights within the framework of the monitoring. The
Public Defender welcomes the development of a recommendation on the methodology of drawing up
an arrest document and a separate form of the document on the provision of information about arrest,
and hopes that they will be approved and put into practice soon. At the same time, the Public
Defender/Special Preventive Group will actively monitor the practical enforcement of the detainees'
contact with family members/relatives/lawyers.
6 recommendations issued to the Ministry of Internal Affairs of Georgia concerned audio-video
recording as one of the safeguards against ill-treatment.197 In particular, in the first recommendation,
the Public Defender called on the Ministry to record with electronic equipment (audio-video) the
provision of information to the detainees about their rights by police officers in several police facilities,
in a pilot mode. The recommendation has not been implemented. According to the reply received from
the Ministry, they do not agree with the recommendation. Interviews conducted by the Special
Preventive Group showed that, like previous years, informing detainees about their rights by police
remains problematic.198 Therefore, in order to facilitate the realization of the fundamental right of the
detainee and monitoring of this process, it is important to record (audio-video) the process of informing
detainees of their rights. It should be noted that the above should be in the interests of the Ministry of
Internal Affairs as well, as the recordings can be used to protect police officers from false allegations
and to assess and further enhance the professional skills.
In the second recommendation, the Public Defender called on the Ministry to ensure continuous audiovideo recording of interviews in several police facilities, in a pilot mode. The recommendation has not
been implemented. According to the reply received from the Ministry, they do not agree with the
recommendation. In addition, according to the reply, the recommendation can be implemented only
by amending the criminal procedure law, which is beyond the competence of the Ministry. It should
195
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.
196 The reply received from the Ministry reads that up to 800 detention documents were examined from January
1, 2018 to June 20, 2019.
197 For more information, see the chapter on audio and video recording/documentation.
198 For more information, see the chapter on safeguards against torture and other cruel, inhuman or degrading
treatment or punishment; Informing detainees of their rights.
73
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