112Unified Emergency Number

126General Inspection

Additional Instruction Regulating the Activity of Temporary Detention Isolators

Article 1. The ground and rule of bringing detained persons in the temporary detention isolator

1. Detained persons are taken to the temporary detention isolator (hereinafter isolator) of Human Rights Protection and Monitoring Main Division of the Ministry of Internal Affairs of Georgia by the officials of the competent authority prescribed by the law.

2. The ground for bringing detained person in the isolator can be the issued:

a) Record on administrative detention;

b) (Seized – 06.11.2014, #879)

c) The record on detention as accused;

d) Ruling of investigator, prosecutor;

e) Order of judge;

f) Minute of exile of an alien from Georgia (Annex #1 of the Rule approved under the Order #631 of August 19, 2014 by the Minister of Internal Affairs on “Approval of the Rule on Detention and Temporary Accommodation of an Alien in the Center”.

3. Detained persons accused of committing a crime can be brought in the isolator anytime, day or night. The ground for bringing detained person prosecuted in committing a crime is a record on detention drawn up by investigator/prosecutor or other official of the investigative authority in accordance with the Georgian legislation of criminal procedure. The record shall be approved by the head of investigative authority. The record shall contain the ground of detention, the motives, day and hour, year and month, the place of detention, the explanation of the detained person and the time the record was drawn up, the certain ground envisaged by the criminal procedure legislation of Georgia, physical condition of a detained at the moment of his/her detention; the crime he/she is accused of; exact time of bringing him/her to a police or any other law enforcement institution, the list of the rights and obligations prescribed by this Code for an accused, also in the relevant cases the objective reason (s) due to which it was impossible to draw up the record immediately upon detention;

4. The period of detention of a person accused of committing a crime shall be calculated from the moment of bringing him/her to investigative authority or investigator, and if the detention of the mentioned person is carried out on the basis of the ruling on detention issued by the investigator – from the moment of his/her detention.

5. The ground for bringing persons detained with administrative charges in the isolator is the record on administrative detention drawn up by investigator/police officer or other officials of the respective authority in accordance with the Georgian legislation of administrative procedure. The authorized person, who brought a detained person in the isolator, is obliged to draw up records on administrative detention in accordance with the law.

6. The following persons shall not be brought in the isolator:

a) Mentally ill persons (if there is a relevant document);

b) Persons who did not attain the age determined for administrative and criminal responsibility.

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. Personal inspection of detained persons

1. Persons brought in the isolator and placed in cells are subject to personal inspection, and their items are examined in accordance with the rule prescribed by relevant norms. The inspection can only be carried out by same sex person with the attendance of the same sex person. The relevant record is drawn up upon completion of inspection.

2. During inspection all items, which are not allowed to be kept in the cell, are seized from detained person.

3. During inspection of detained person co-witnesses are not summoned; his/her clothes are carefully inspected and examined by the authorized official of the isolator.

4. Persons brought in the isolator are allowed to keep in cells items, things and food products in such amount and variety, which is determined and allowed by the relevant routine.

5. Money, valuables, medals, enclosed documents and other personal belongings, which are seized from detained person during inspection, shall be kept in the storage cell of the isolator. Securities, correspondence, pocket booklets, photos, items and things removed from circulation, orders and medals, whose ownership is not established, shall be delivered to investigator, lawyer, court.

6. Money, valuables, securities, similar items and things, as well as food products, which are seized during personal inspection, can be delivered or sent to relatives or other persons only with the permission of investigator, prosecutor or judge; items and things, which lost their value, are out of date, or are prohibited (alcoholic drinks, playing cards and etc.) to be kept in the isolator, will be destroyed and the record will be drawn up on it.

7. In case of finding any type of weapon, explosives and ammunition, all kinds of knives, razors, and similar items and things, as well as narcotic and psychotropic substances and items used for medical purposes, false documentations and banknotes during personal inspection of detained person, investigator, prosecutor or judge shall be immediately informed about it.

Article 3. Outer inspection of detained persons

1. Person brought in the isolator is asked on his/her health condition by the authorized person of the isolator before placing him/her in the cell; the authorized person carefully conducts his/her outer inspection and examines him/her in the separated room without attendance of other persons. The relevant record is drawn up, which shall contain date and time of drawing up the record, the identities of the inspecting person (name, surname, position, title) and the inspected person (name, surname, father’s name, place and date of birth, type of crime, who and when detained him/her), body injuries of the inspected person (if there are any), explanation and complaints of the inspected person.

2. In case if detained person complains on his/her health conditions or there are apparent signs of illness, the responsible person on duty of the isolator is obliged to call immediately the medical personnel of the Ministry of Internal Affairs or medical assistance team, or doctor from nearest medical institution of health protection authorities in order to receive a conclusion on the possibility of placing such person in the isolator.

3. If, according to the conclusion of medical personnel, detained persons cannot be placed in the isolator, they are sent to the respective medical institutions for medical treatment. The protection and convoying of persons placed in abovementioned institutions for medical treatment is carried out in accordance with the rule established by the law.

4. After conducting inspection, questioning and sanitary treatment of persons brought in the isolator, the responsible person on duty or other person on duty on behalf of the former will inform them about and, if there is possibility, provide them with the routine of the isolator, as well as the list of their procedural rights and obligations. Afterwards they will be placed in cells.

Article 4. The right to use force

The right to use force against detained persons is permissible if they show physical resistance to officials of the isolator, or commit other violating acts in the isolator, as well as during convoying, attempting to escape, and in cases of inflicting injury to surrounding persons or to themselves. During using force it is permissible to use handcuffs and to tie them before they calm down, and the application of these measures shall not exceed 2 hours and shall be applied by such means, which exclude the possibility of detained person to inflict self-injury. In such cases, in addition to handcuffs, other security measures (tying, martial techniques) can be applied in accordance with the law on police. In each case of using handcuffs, tying, or using martial techniques, the responsible person on duty draws up the record, where he/she indicates the place and ground of using of selected security measure, and the length of time of being tied or handcuffed.

Article 5. The rules of record keeping in the isolator

1. In order to realize efficient operability of the isolator, registers, electronic systems and documentations are applied for registration-identification and other purposes, namely:

a) Unified electronic registration database on detained persons placed in the isolator;

b) Registration book on detained persons placed in the isolator;

c) Register for registration of medical assistance on persons placed in the isolator;

d) Register for received and sent correspondences;

e) Register for receiving and delivering of parcels;

f) Record of outer inspection of detained person;

g) List of prisoners subject to convoying;

h) Post paper;

i) Record of personal inspection;

j) Archive letter.

2. After bringing a detained person in the isolator, the responsible person on duty of the isolator, on the basis of the respective record on detention presented by the person who brought a detained person, registers him/her in the electronic database/registration book in accordance with the established rule, takes a photo and conducts his/her personal inspection, as well as the responsible person on duty/medical personnel of the isolator carries out outer inspection of detained person and the record of outer inspection of detained person is drawn up, where it is necessary to be indicated the outer condition of detained person, the possible signs of body injury, where, in what situation and by whom were these injuries inflicted, whether the detained person has any complaints against anyone, and all of these are subsequently confirmed by the signature of the detained person. After the mentioned procedures, the responsible person on duty places a detained person in the cell. The responsible person on duty is obliged to include all necessary data in the electronic database/registration book with maximum precision, and to fill perfectly the record in accordance with the requirements of columns provided in the record without any corrections.

3. In case of receiving parcel, the responsible person on duty of the isolator includes it in the register for receiving and delivering of parcels after relevant examination. In case of finding any illegal item in the parcel, the responsible person on duty immediately informs his/her superior about it and draws up a respective record. It is prohibited to receive parcels in the isolator from those citizens, who do not have any identification card with them.

4. In case of deterioration of health conditions of detained person while being in the isolator, the person on duty of the isolator is obliged to call immediately medical personnel and to indicate on the rendered medical assistance in the register for the registration of first aid on persons placed in the isolator, or, in case of necessity, to ensure the convoyed transfer of a detained person to the respective medical institution.

5. While transferring a detained person from the isolator to the penitentiary institution of the Ministry of Corrections and Legal Assistance of Georgia, the responsible persons conducting transfer take the list of prisoners subject to convoying with them, which is subsequently returned back to the administration of the isolator with the signature and seal of the authorized person of the mentioned institution.

6. On the basis of registered relevant data on detained person, the data on each detained person is individually included in the archive letter and is kept in the place specially provided by the administration of the isolator. The archive letter is not subject to destruction.

7. The relevant data on detained person will be included in the unified electronic registration database on detained persons in complete form and the control on its improvement will be exercised by the head of the isolator.

8. The record keeping is conducted by the authorized person of the isolator who is determined by the head of the isolator and the responsibility for its proper realization lies on the head of the isolator.

Article 6. Taking a detained person out from the cell for conducting investigative activities

1. The administration of the isolator is obliged, upon the request of investigator or prosecutor who has the case under his/her proceeding, to ensure taking detained persons placed in the isolator out from cells from 6:00 to 22:00, or, in urgent necessity, at any time for questioning or participation in other investigative activities.

2. The basis for taking detained persons placed in the isolator out from cells into the investigation room with the aim of conducting investigative activities is the written request of prosecutor, investigator, or defense counsel.

3. Upon the relevant written request, the representative of the authority having a given criminal case under its proceeding has the right to use video-audio devices, to summon witnesses, and to conduct any of those investigative activities with the detained person in the respective investigation room, which can be technically conducted in the isolator.

Article 7. Taking detained persons out from cells in different cases (save for the norms established by the routine of the isolator)

A written request for taking a detained person out from the cell is not issued if:

a) A detained person is presented to the superior prosecutor having a given criminal case under his/her proceeding;

b) A detained person is presented to the Public Defender or the person duly authorized by him/her;

c) A detained person is presented to the respective representative of the International Red Cross Organization;

d) A detained person is presented to the head of the isolator in extraordinary cases, as well as within the frames established by the law.

Article 8 Taking a detained person out from the cell with the aim of meeting with defense counsel (lawyer)

1. From the moment of acceptance of the participation of defense counsel in the case, which is confirmed by the relevant documents (ID card and respective order), detained persons have the right to meet him/her personally irrespective of frequency and duration of meetings.

2. The meeting with defense counsel takes place in the investigation room of the isolator according to desire of defense counsel and defendant. The meeting may take place without the attendance of other persons, irrespective of its frequency and duration. Before meeting with a detained person, defense counsel presents to the head of the isolator the respective order on exercising his/her defense for the defendant.

Article 9. (Deleted)

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

Article 91. video surveillance rules in the isolator

1) Video surveillance in the isolators is allowed in order to insure safety of the detainees and isolator personnel, avoid any ill-treatment of the detainees, avoid any law violations in the isolator, also to ensure better monitoring of human rights protection and isolator functioning in general.

2) This article applies to the video surveillance only made by the isolators.

3) Video surveillance in isolators must not replace for the isolator staff any regular control and contact with detainees.

4) Video surveillance in isolators is allowed only in corridors, where cells are located. Video surveillance of any other places within the isolator is allowed only by the decision of the Minister.

5) Video surveillance of the cells can be done only under special conditions and only by the reason to ensure safety; in such matters the confidentiality and personal life right must be maximally secured.

6) At the places where video systems (cameras) are places, there must be special warning signs indicated video surveillance.

7) In the corridors, cells as well as any other places video surveillance system must be places in the way that allows to identify persons located within the area of surveillance.

8) The monitoring by video surveillance should be carried out in special room. Isolator is obliged to record any technical problems (missing or not good contribution of the electricity, fact that system was damaged or out of the order and etc.) that caused shutting down the system. The head of the isolator should be immediately informed about this problem by the responsible officer.

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

Article 10. Restrictions imposed on taking detained persons out from cells

1. It is prohibited to take detained persons out from cells of the isolator (from the isolator) for conducting investigative activities in official rooms of other investigative authorities without the written request.

2. At night time from 22.00 to 06.00 opening of cells is only allowed in the extreme cases, and detained persons may be taken out from cells only in cases of worsened situation and in the extraordinary cases, when there is a real threat to their lives, as well as upon release from the isolator, during convoying to entry post, for rendering urgent medical assistance or for taking them out for questioning, in cases when delay is not allowed.

3. A detained person may be taken out from the isolator for conducting investigative activities (those, which cannot be technically conducted in the isolator) outside the isolator only upon the written request of investigator or prosecutor.

Article 11. Entry permission regime in the isolator

1. The control over entry permission regime is exercised by the head of the isolator.

2. The following persons are admitted to the isolator without any permission:

a) Prosecutors of the Chief Prosecutor’s Office, who are specially authorized to conduct supervision over the protection of rights of persons placed in the places of detention at any time of day and night, are admitted to any cell/room without hindrance;

b) Prosecutors and investigators of the Chief Prosecutor’s Office, investigators of the Ministry of Internal Affairs, as well as of other investigative authorities, who have the criminal case under their personal proceeding, upon the respective request, are only admitted to investigation rooms of the isolator to conduct investigative activities;

c) The Public Defender of Georgia, as well as the representatives of the Public Defender’s Office, who have the respective authorization from the Public Defender, are admitted to any cell/room without hindrance;

d) Direct and personal superiors of the isolator are admitted to any cell/room without hindrance;

e) The representatives of the International Red Cross Organization;

e1) Representatives of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

f) The medical personnel, who appear in the isolator upon call by the person on duty, are only admitted to the place of the ill person with the attendance of the person on duty or the head of the isolator, or, in cases of conducting anti-epidemic activities in the isolator, are admitted upon presenting the respective document

3. In addition to the persons listed in the first paragraph of this article, other persons are admitted to the isolator by the permission issued by the head of the isolator in compliance with the relevant procedure established by the law.

4. Everyone is obliged to present his/her ID card and authorization.

5. If investigator or prosecutor has a firearm with him/her, he/she shall give it to the responsible person on duty for temporary keeping (as well as cell phone, video-audio and voice-recording devices). This rule, in the same manner, applies to all officials of the Ministry of Internal Affairs of Georgia, who are permitted to attend the regime places of the isolator.

6. A metal locker box (safe) with numbered sections is placed in the room of the person on duty for temporary keeping of weapons. In each section there is a counter, which is given to the owner of weapon while submitting weapon for temporary keeping. A counter is returned to the relevant section upon giving a weapon back to its owner.

7. Official of the authority, which has a given criminal case under its proceeding, may take video-audio devices in the isolator only with the aim of conducting investigative activities and upon the respective written request.

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

Article 12. The rule of locating in cells of persons brought in the isolator

Detained persons are located in cells in compliance with the following rules:

a) Persons accused of committing a crime are located in cells for detained persons separately from other persons in compliance with the established requirements of isolation;

b) Men are located separately from women;

c) Minors are located separately from adults;

d) In exceptional cases, adults may be placed in the cells where minors are located by the written permission of investigator or prosecutor;

e) Especially dangerous criminals are located separately from other persons;

f) Persons accused of committing the same crime are located separately from each other; administration of the temporary detention isolator shall be obliged to take measures for ensuring their separate accommodation. Under the decision by an investigator, prosecutor or a court this rule may be applied to the other accused persons as well;

g) Pregnant women are located separately;

h) Persons on transit are located in isolation from other persons;

i) Officials of court, Ministry of Internal Affairs of Georgia, Ministry of Justice of Georgia, Ministry of Corrections and Legal Assistance of Georgia, as well as officials of investigative units of other authorities of preliminary investigation, who are subject to transfer to penitentiary institution, are located separately. This rule also applies to former officials of the above-mentioned authorities;

j) The aliens detained for further exile from Georgia shall be accommodated separately.

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

Article 13. Motive and grounds for the release of detained persons from the isolator

1. Accused persons are released from the isolator by the head of the isolator on the basis of the respective ruling of investigator or prosecutor and it is subject to immediate fulfillment upon receiving it in the isolator.

2. Before releasing the mentioned persons from the isolator, the head of the isolator or the responsible person on duty is obliged to draw up a ruling on the release, to check those documents, on the ground of which the given person was placed in the isolator, and to ascertain with the identity of the released person.

3. Detained accused persons can be placed in the isolator for the term not more than 72 hours, from the moment indicated in the record on detention as accused in consideration of the following conditions:

a) In not later than 48 hours from detention the detained shall have the decision on his/her accusation; otherwise he/she should be immediately released from the isolator on the basis of the relevant decision by the head;

b) If the detained is provided with the decision about his/her accusation but the issue of imposing the preventive measure against him/her is not decided within 72 hours from the moment of his/her detention he/she should be immediately released from the isolator on the basis of the relevant decision by the head;

4. Detained persons arrested with administrative charges can be placed in the isolator for the term not more than 15 days, from the moment indicated in the court’s decision. Upon the expiry of the term of custody, the head of the isolator prepares all necessary documents for the release of the arrested person, checks for the second time the grounds of his/her detention (time of detention, identity of detained person and etc.), and releases him/her from the isolator.

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