112Unified Emergency Number

126General Inspection

Statute

Typical Regulation of Temporary Detention Isolators of the Human Rights

Protection and Monitoring Main Division of the Ministry of Internal Affairs of Georgia

Order #248 of April 8, 2013 of the Minister of Internal Affairs of Georgia – website 10.04.2013

Chapter 1. General Provisions

Article 1.

1. Temporary detention isolator (referred to as an “Isolator” hereinafter) of Human Rights Protection and Monitoring Main Division of the Ministry of Internal Affairs of Georgia is the structural subdivision of the Human Rights Protection and Monitoring Main Division (referred to as a “Main Division” hereinafter), whose function is the temporary detention of those persons who have committed crime falling within the competence of Ministry of Internal Affairs or other crime or accommodation of those having been arrested and detained under the administrative law.

2. With the purpose of an exile of an alien he/she might be detained and accommodated in an isolator; in such case the alien shall be transferred to the temporary detention isolator upon the decision envisaged by Georgian legislation.

Order #248 of April 8, 2013 of the Minister of Internal Affairs of Georgia – website 10.04.2013

Order #879 of November 6, 2014 of the Minister of Internal Affairs of Georgia – website 06.11.2014.

Article 2.

The legal basis for the activity of the isolators are the Constitution of Georgia, international treaties, legislation of criminal procedure, decrees of the President of Georgia, legal acts of the Minister of Internal Affairs of Georgia, Routine of isolators, the present Regulations and other respective legislative acts and by-laws.

Chapter 2. Scope of Activity and Functions of Isolators

Article 3.

The functions of the isolators are:

a) Providing temporary detention of accused persons;

b) Providing temporary detention of persons arrested and detained under the administrative law ;

c) providing temporary detention of the prisoners with the decision of judge, if the court is located in a remote distance from the law enforcement institution and convoying has some difficulties (in such case the Penitentiary Department of the Ministry of Corrections and Legal Assistance provides supervision);

d) Ensuring law and order and justice, and the security of the detained persons, officials and citizens in the isolators;

e) Providing health care assistance to the detained persons;

f) Rendering assistance to investigators and prosecutors during the proceeding in accordance with the law;

g) Conducting other functions prescribed by this Regulations, Routine and legislation.

h) Convoying the detained person from isolator to the other institution.

Notice: In cases determined by “h” subparagraph of this Article, convoying is carried out only by the #1 Temporary Detention Isolator of Tbilisi

Order #879 of November 6, 2014 of the Minister of Internal Affairs of Georgia – website 06.11.2014

Article 4

1) Sanitary-hygienic and common conditions in the isolators ensure honored existence of human, respect of his/her honor and dignity, physical integrity, and the ability to assert his/her interests.

2) The administration of the isolators shall:

a) Ensure consistence of sleep conditions to health requirements in the cells of detained persons;

b) Provide natural and artificial lighting, heating and ventilation in the cells;

c) Provide appropriate sanitary conditions in the cells;

d) Ensure maintenance of hygiene at appropriate level in the cells;

e) Ensure the right of a detained person to take food and cloth in the isolator at his/her own expense;

f) Ensure the right to receive a parcel;

g) Provide medical assistance in the isolators;

h) Ensure the right of a detained person to stay separately in the cell.

i) Ensure the right of a detained person to outdoor exercises, communication to outside world and filing complaints.

Order #1074 of December 28, 2011 of the Minister of Internal Affairs of Georgia – website 30.12.2011

Order #879 of November 6, 2014 of the Minister of Internal Affairs of Georgia – website 06.11.2014.

Article 5

The procedural obligations of the isolator`s administration are:

a) To ensure that a detained person immediately receive the copy of the resolution of his/her detention;

b) To send complaints and motions of the detained person to investigator, prosecutor and judge, or in cases prescribed by law, to the Public Defender, not later than the second day of the date of their submission to the administration;

c) To take a detained person to the destination in time upon summoning by investigator, prosecutor, or court (within the scopes of the competence of the administration of the isolator);

d) Not to allow the relationship of a detained person with the official and the authority, who did not receive the case under his/her (its) proceeding except for the persons envisaged by the 2-nd paragraph of the article 11 of the Annex #3 of this Order;

e) To ensure a direct meeting of a detained person with his/her lawyer without any supervision upon submission of an ID card and an order issued by the Bar Association, according to the rule established by the legislation of criminal procedure;

f) To comply immediately with the ruling of a prosecutor or court`s order on the release of a detained person;

g) To make a respective authority to transfer a detained person from one isolator to the other, located on the other territory, on the basis of the ruling of investigator, prosecutor or court`s order;

h) To release immediately a detained person upon the expiry of detention period by the decision of the head of isolator;

i) To give a detained person, if he/she so requests, a notice, where it is indicated who, where, when and for what reason has detained him/her and for what reason and when he/she was released.

Order #879 of November 6, 2014 of the Minister of Internal Affairs of Georgia – website 06.11.2014.

Article 6

Failure to comply with the procedural obligations by the administration of the isolator entails a responsibility prescribed by law.

Chapter III. Isolator, Its Leadership and Personnel

Article 7

The legal status of each isolator is determined by the order of the Minister of Internal Affairs of Georgia.

Article 8

1. The head of the isolator is appointed and dismissed from office by the curator deputy minister of Internal Affairs.

11.The personnel of the isolator is appointed and dismissed or presented at the position to the curator deputy minister of Internal Affairs.

2. The personnel shall meet the requirements determined by the Minister of Internal Affairs of Georgia.

3. The personnel of the isolators shall take theoretical and practical trainings after acceptance to the job. They take such trainings even afterwards when they move to other position.

4. Every female taken to the isolators is treated by the female personnel. The medical treatment of such persons is conducted by female doctors.

5. The personnel of the isolator is not authorized to use force against detained persons, save the cases when they make assault, try to escape, or/and show active (or passive) resistance to the execution of the law. In such cases, the leadership of the isolator shall be informed immediately about such incident.

Order #248 of April 8, 2013 of the Minister of Internal Affairs of Georgia – website 10.04.2013

Order #879 of November 6, 2014 of the Minister of Internal Affairs of Georgia – website 06.11.2014.

Article 9

The head of the isolator:

a) Leads the activity of the isolator, works out proposals for improving it;

b) Distributes the functions among subordinated officials, gives them instructions and orders;

c) Controls the discharge by officials of their official duties, analyzes the condition of official discipline, works out and conducts the measures for prevention of abuse of official authority by officials;

d) Signs or approves the documents prepared in the isolator;

e) Represents the isolator during discharging his/her duties;

f) Submits recommendations on the structure of isolator, staff, organization of activity, imposition of incentives or disciplinary responsibility for subordinated officials to the leadership of the Main Division of the Ministry of Internal Affairs;

g) Hears periodically the reports of isolator’s employees on fulfillment of their duties;

h) Personally meets detained persons or gives the instruction to his/her deputy or responsible person on duty to do this, ensures strict observance of rules of their stay in isolator and schedule thereof;

i) Controls detention terms of detained persons;

j) Checks, once a month, weapons, ammunition, quantity and condition of office keys (lockers);

k) Informs immediately the leadership of the Main Division and respective prosecutor on extraordinary cases that took place in isolator, and on any case, where firearm, physical coercion or special means were used against detained person;

l) Discharges other functions determined by legislation, this Regulations, Routine of the unit, and other normative acts. Ensures the control over technical and sanitary conditions of isolator’s storage places, holds the registry of isolator’s property;

m) Registers and keeps orders, instructions, classified cases and instructions of the Main Division on isolators;

n) Holds registration of files on detained persons, ensures proper functioning of unified computer database on detained persons, as well as controls the activities of record keeping office and archive;

  • o) Ensures protection of the items seized from detained persons, which are kept in storage places;

p) Submits request to superiors for facilities, equipment and food-stuffs in established time;

q) Checks periodically the condition, operability and quantity of fire-fighting means.

Order #248 of April 8, 2013 of the Minister of Internal Affairs of Georgia – website 10.04.2013

Order #879 of November 6, 2014 of the Minister of Internal Affairs of Georgia – website 06.11.2014.

Article 10

The head of the isolator has a deputy, who is appointed and dismissed by curator Deputy Minister of Internal Affairs. In cases when the head of the isolator is absent, deputy discharges the rights and duties of the head of the isolator.

Order #248 of April 8, 2013 of the Minister of Internal Affairs of Georgia – website 10.04.2013

Article 11

1. Employees of the isolator, who are employed according to shift, represent the employees on duty. The shift employees (employees on duty) are supervised by the responsible official on duty (shift head) of the isolator.

2. The inspector (responsible official on duty) of the isolator is obliged:

a) To exercise constant control over fulfillment by employees, who are present in his/her shift, their official duties, condition of their official discipline, ensure reception and accommodation of detained persons in the isolator and observance of rules of their stay in the isolator and of schedule;

b) To conduct tutorial classes and military training for the personnel subordinated to him/her;

c) To be aware of the official and personal characteristics of his/her subordinate employees;

d) To pay attention to cloth and appearance of employees in his/her shift;

e) To ensure reliable protection of detained persons, to observe the Routine of the isolator;

f) To report on disciplinary violation by an employee to the leadership of the isolator;

g) To receive detained person in the isolator, to conduct his/her outer inspection, to check attentively documents justifying reception and detention of person, when superior is absent;

h) To exercise control over entry permission regime in the isolator;

i) To fulfill other duties conferred on him/her by the superiors according to the law.

  1. The inspector of an isolator is prohibited to leave the venue of isolator or allow his/her subordinate employees on duty to leave the territory of isolator in case of their illness or any other reasons, except for the cases when fulfillment of the obligations charged to those becomes impossible and there is the relevant consent of the head of the isolator.

Article 12

  1. The junior inspector (employee on duty - sentry) of the isolator is obliged:

a) To guard attentively the post (territory around cells of the isolator), to prevent escape of detained person or other emergency case;

b) To be tactful and exigent with detained persons, to conduct surveillance over them in order to prevent them from doing damage to facilities and equipment of the isolator;

c) To conduct surveillance over detained persons in order to prevent them from self-injury and from possible attempts to commit suicide;

d) To take part in convoying of detained person together with the head of convoy group;

e) To check parcels received in the isolator in accordance with the established rule and to deliver them to the recipient, to report immediately to superior in case of finding any item prohibited by the law;

f) To offer persons placed in cells food three times a day (in the morning, in the noon, in the evening) in an established quantity and ration determined for detained persons.

  1. It is prohibited for the junior inspector, while being at the post, to sleep, sit, read, write, whistle, sing, eat, to leave the post without waiting for the shift, to talk with detained person on subjects that do not concern official activity, to give or receive from him/her the information, that would hinder investigation, to leave the building of the isolator for sudden illness or other grounds, save the cases, where it is impossible for him/her to discharge duties conferred on him/her and when there is consent of the head of the isolator.

Article 13

1. The convoy group operates only within #1 Tbilisi Temporary Detention Isolator.

2. In cases established by the Georgian legislation, on the basis of request of the authority (official) conducting case of administrative violation or criminal proceeding, the chief of the convoy group (inspector, junior inspector) is obliged to ensure, in accordance with the relevant request, convoying of detained person:

a) From one isolator to another;

b) From isolator to the courtroom;

c) From isolator to the respective penitentiary institution, in case if there is an order of the judge on imposition of custody as a measure of confinement;

d) In other cases prescribed by the legislation.

3. The convoy group is composed of persons (at least two persons) determined by the head of the isolator for each specific case, whose task is to ensure convoying of detained persons by defined route from isolator to other facility, as well as their protection in cells and rooms provided for detained persons.

4. Transfer of detained persons to the place of destination is carried out by specially equipped vehicles; herewith at least two convoy members are provided who are headed by the chief of the convoy group.

5. The convoy personnel shall wear a prescribed uniform, shall be armed or/and have special means, the type of which is determined by the head of the isolator.

6. The Head of the isolator is responsible for convoying detained persons, and the chief of the convoy group is responsible for carrying out precise, in-time, and secure convoying.

Article 14

1. The procedural rights and obligations of accused persons are determined by the Criminal Procedure Code of Georgia.

2. The rights and obligations of a person arrested for administrative charges are determined by the Code of Administrative Offences of Georgia and other legislation regulating administrative offences.

3. The rights and obligations of defendants and convicted persons are realized and observed in accordance with the rule established by the Law of Georgia on Prisoners and other legal acts.

Order #879 of November 6, 2014 of the Minister of Internal Affairs of Georgia – website 06.11.2014.