Public Defender presents two reports on of victims of torture
By Inga Kakulia
Thursday, June 27
On June 26 all stakeholders unite to show their support of the hundreds of thousands of people around the world who have been victims of torture and those who are still tortured today.
UN Secretary-General Antonio Guterres said: “On this International Day in Support of Victims of Torture, I urge all states to end impunity for perpetrators and eradicate these reprehensible acts that defy our common humanity.”
Declaration by the High Representative on behalf of the EU on the occasion of the International Day in Support of Victims of Torture, June 26, 2019, issued a declaration stating:
“The European Union reiterates its strongest opposition to any kind of acts of torture worldwide. Torture is a crime that can target anyone through different forms and in different settings, and all victims of torture, including those who are unacknowledged, neglected or overlooked, are at the forefront of our policy.
“The Global Alliance for Torture-Free Trade, promoted by the EU, Argentina, Mongolia, and Cape Vert, is a cross-regional effort gathering more than 60 countries committed to ending the trade in goods used for torture and capital punishment globally. The EU calls on States to support ongoing work at UN level, towards establishing common international standards in this field,” reads the declaration.
Through its external action, the EU and its Member States also engage with third countries in regular political and human rights dialogues and financially support civil society organisations in fighting torture. In the last four years, the European Instrument for Democracy and Human Rights supported anti-torture projects worldwide worth ˆ23 million, and an additional amount of ˆ8 million is foreseen for 2019.
In the last four years, the European Instrument for Democracy and Human Rights supported anti-torture projects worldwide worth ˆ23 million, and an additional amount of ˆ8 million is foreseen for 2019.
Discussion around the challenges in this direction is also taking place in Georgia. The Public Defender, Nino Lomjaria presented two special reports in connection with the International Day of Support of Victims of Torture: “Report of the National Preventive Mechanism 2018” and “Report on the Effectiveness of Investigations into Criminal Cases of Ill-treatment.”
The report aimed to identify the specific gaps existing in the process of investigation of alleged crimes committed by the law enforcement officials and employees of the penitentiary system.
The report states that during the years 2015-2018, the Office of the Public Defender of Georgia received the total of approximately 1200 complaints/applications related to ill-treatment allegedly committed by the officials of law enforcement and/or penitentiary bodies. Out of these, in 276 cases, the Office of the Public Defender of Georgia addressed the Prosecutor’s Office with a request to take further actions, whereas in 42 cases, the Prosecutor’s Office was addressed with the proposal. The remaining applications/complaints were related to the protracted investigation and/or necessity of receipt of specific information on the progress of the investigation, and therefore, the Office of the Public Defender assisted the applicants in obtaining the respective information.
The report also calls for conducting the proper investigation in compliance with the requirements of human rights standards as a precondition for effective accountability of the state bodies.
“This is an additional remedy for ensuring that all questions are answered and there are no doubts in public concerning human rights violations and particularly, among alleged victims,“ states the Public Defender’s report on investigations into Criminal Cases of Ill-treatment.
Meanwhile, The Report of the National Preventive Mechanism 2018 reflects the situation of torture and ill-treatment at places of deprivation and restriction of liberty. The role of the national preventive mechanisms in the implementation of the torture prevention mandate under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was discussed at the event.
Implementation of several recommendations and development of an action plan (2019-2020) for the development of the penitentiary system were positively evaluated in the direction of the penitentiary system.
Other topics of discussion were the practice of placing prisoners in the de-escalation room for a long time, lack of justification of the use of security measures, lack of rehabilitation measures, overcrowded facilities and problems relating to the physical environment.
The Public Defender welcomed the implementation of several recommendations by the Ministry of Internal Affairs. She also praised the increase in the number of temporary detention facilities equipped with medical units in 2018, as well as equipment of all police departments, division, and stations with video cameras.
However, out of the recommendations of the Public Defender that were not implemented include the one about the equipment of all prisoner rooms with cameras. Besides, according to the Preventive Group, it is necessary that the safeguards against ill-treatment (notifying family members, lawyers, consulates; explanation of rights, etc.) be properly and consistently implemented. Even though the Public Defender’s Office has been less addressed concerning violence committed by police in 2018, the number of damages suffered by the detainees after detention has almost doubled throughout the country.