Public Defender Attends Presentation of the Report of the Temporary Placement Department of Ministry of Internal Affairs
On 7 February 2019, Public Defender Nino Lomjaria attended the presentation of the 2018 report of the Temporary Detention Department of the Ministry of Internal Affairs. In her speech, Nino Lomjaria positively assessed the high quality cooperation with the Department.
Nino Lomjaria talked about the activities carried out by the Public Defender and the National Preventive Mechanism of the Public Defender. She noted that in 2018, the Special Preventive Group members examined 22 temporary detention facilities on the basis of pre-determined methodology, examined physical environment, talked with the detainees and employees and checked the documents of the detained persons.
The Public Defender briefly reviewed the recommendations developed for the Ministry of Internal Affairs. She welcomed the fact that medical centers were opened in 8 temporary detention facilities following her recommendation in 2018 and expressed hope that the issue would soon be solved on the whole territory of the country; employees’ salaries were increased; in addition, changes were made to the internal rules of temporary detention facilities, according to which, the doctors employed in the temporary detention facilities were obligated to send a notification about the detainees’ injuries to the investigative body. According to the earlier regulation, doctors were obliged to send a notification to the head of the facility, who would then sent a notification to the Prosecutor General’s Office.
The recommendation on the provision of 4 sq.m. of space for each prisoner has been partially implemented, as the Order of the Minister of Internal Affairs of 30 April 2018 establishes exceptions for the violation of the standard. Consequently, the recommendation will be considered fully implemented only after the abolition of the exceptions. The recommendation on determining at least 20 days as a minimum term for keeping video recordings in the facilities for administrative detention (currently the minimum term is 120 hours) has not been implemented.
Regrettably, despite the recommendation of the Public Defender, no amendments have been made to the Criminal Procedure Code of Georgia, which would have obliged relevant servants to take a detainee to the temporary detention facility immediately after the detention.
Monitoring showed the need for trainings and special instructions for the doctors employed in the facilities in the direction of documenting the detainees’ bodily injuries.
The lack of staff, especially female employees, represents a challenge in the facilities. A number of facilities are not provided with adequate natural/artificial ventilation or lighting; The sanitary-hygienic conditions and food are unsatisfactory. Conditions in the temporary detention facilities are inadmissible for an administrative detention that lasts less than 15 days.
Finally, Nino Lomjaria emphasized the effective communication between the Ministry of Internal Affairs and the Public Defender's Office. She noted that several meetings were held in 2018, during which, the ways of solving specific problems were jointly discussed. The Public Defender expressed hope for the continuation of cooperation in the future.