on charges. When a person is arrested on charges, the police officer shall describe the physical
condition of the detainee (bodily injuries) at the time of the arrest, in a special graph. Although in the
above 13 cases, the detainees had injuries when they were placed in the isolator, it was indicated in the
relevant graph that they did not have any injury. Accordingly, in the above 13 cases, it is unlikely that
the persons, who filled in the form, could not notice visible injuries. There is a more firm presumption
that the persons were subjected to ill-treatment after arrest, before being placed in the isolator.
The Special Preventive Group pays particular attention to the cases when the detainees brought to the
temporary detention facility have injuries in their face, while police officers indicate in the detention
document that the detainees have no injuries. Out of 449 cases studied by the Special Preventive Group
in 2019, 13 similar cases have been detected.214 There were also 44 cases,215 in which, unlike the
documents available in the isolators, the detention document did not contain any indication of facial
injury. Clearly, if a detainee had injuries in his face during arrest, police officers should have noticed
the above and describe it in the relevant document.
As for the forms of physical violence committed by police officers against detainees, the interviews
held as part of the monitoring in 2019 and the examination of suspicious cases in the isolators revealed
tight handcuffing and hitting-kicking as the most frequently used practices.
In view of all the above, the Public Defender and the Special Preventive Group believe that the
situation of treatment of detainees by police has not changed significantly in 2019 compared to 2018,
although it should be noted that, like 2017 and 2018, the worsening tendency of treatment of persons
under administrative detention was maintained in 2019 as well. In addition, the data processed by the
Special Preventive Group and the interviews with detainees indicate that the use of excessive force
during detention, physical and psychological violence after detention, as well as incomplete
documentation of bodily injuries and use of force remain to be unresolved challenges. Thus, the Public
Defender and the Special Preventive Group believe that it is especially important to establish strict
control over the actions of police officers and increase their accountability. It is essential that a clear
message be sent by senior officials to police officers that human rights violations will not go
unpunished.
3.4. Safeguards against torture and ill-treatment
Georgian legislation provides the detainees with minimum safeguards, such as: the right to receive
information about the reasons for the detention, as well as about procedural rights, in a language they
understand; the right to have a legal representative; access to medical care; the right to inform family
214
In 9 of these 13 cases, the persons were under administrative detention, while 4 were arrested on criminal
charges.
215 In these 44 cases, the persons were under administrative detention.
81
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