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Rules and Conditions

Additional Rules and Conditions of Serving

Administrative Custody in Temporary

Detention Isolators


Article 1. The rule of serving administrative custody

1. A person under administrative custody serves it in the temporary detention isolators of the Ministry of Internal Affairs.

2. The period of administrative detention shall be included in the period of administrative custody.

3. A person under administrative custody maintains his/her constitutional status and legal personality. He/she has the right to humane treatment. Administrative custody shall not be stricter than that, which is necessary for execution of court’s decision on imposition of administrative custody.

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

Article 2. Conditions of administrative custody

1. Sanitary-hygienic and common conditions at the places of administrative custody shall ensure the interests of dignified existence of a person, respect for his honor and dignity, inviolability of a person, respect for his personal life.

11. The administration of the isolator is obliged to explain to a person under administrative custody in the language understandable for him/her the major rights and obligations while his/her stay in the isolator.

2. Living space for 1 person under administrative custody shall not be less than 4 square meters. Men are placed separately from women;

3. A place of administrative custody shall have a window, that provides natural light and also ventilation. A place of administrative custody shall be heated in accordance with seasonal needs.

4. A person under administrative custody should be provided with bed, mattress, blanket and linen, which correspond to healthy and normal sleeping conditions.

5. A person under administrative custody has a right to receive an parcel, food and clothes, at his/her own expenses and in accordance with the established rule. A list of things allowed and prohibited, is determined by Annex #2 of this Order.

6. Food provided to a person under administrative custody shall include the components necessary for living and health. It is prohibited to reduce food calories as a measure of punishment for a person under administrative custody.

7. A person, against whom the court used administrative custody as a measure of administrative punishment for more than 1 day and night, shall be ensured with the possibility of taking a shower, twice a week.

8. Detained persons shall have a possibility to satisfy natural needs in accordance with sanitary- hygienic norms, and for a person under administrative custody it shall be accessible during day and night. Toilet shall be equipped with additional sanitary provisions.

9. (Deleted – 06.11.2014; #879).

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

Article 3. The right to outdoor exercises

1. Outdoor exercises are provided only to those persons, who are imposed with administrative custody, as a measure of administrative punishment, by court for the term more than 1 day and night. Outdoor exercises are not provided to those persons under administrative custody, who are ill and who are not recommended to outdoor exercises by the conclusion of a doctor.

2. Outdoor exercises are conducted at day time from 10:00 to 18:00, according to the schedule worked out by the head of the isolator. The duration of outdoor exercises is at least 1 hour.

3. Maximum 3 persons can be taken simultaneously to outdoor exercises, who do not serve the administrative custody for the same crime.

4. For conducting outdoor exercises on the territory of the isolator, special yards for walking are used. The head of the isolator exercises control over taking or not taking of detained persons to outdoor exercises. Visual control is exercised by the head of the isolator or by other authorized official of the isolator determined by the head.

5. If there is no special yard for walking in the isolator, outdoor exercises are conducted at administrative building of police unit or on its adjacent territory without the attendance of convoy or other official of the Ministry of Internal Affairs, as a rule. During conducting outdoor exercises on the mentioned territory, visual control shall be maintained over detained person. Before conducting outdoor exercises, the head of the isolator warns a detained person in written form that in case of his/her escape a criminal responsibility will be imposed on him/her. In such cases no responsibility will be imposed on any official of the Ministry of Internal Affairs.

6. During conducting outdoor exercises, detained persons are prohibited to speak with other persons, to misbehave, and to receive or give any item or thing. If such facts will be revealed, detained person will be restricted to outdoor exercises until the expiry of his/her custody.

7. In case of bad meteorological conditions, as well as in other extraordinary cases, outdoor exercises may be canceled or restricted by order of the head of the isolator.

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

Article 4. Right to communication to outside world

1. A person under administrative custody has a right to meet his/her lawyer face to face, without restricting the number and period of meetings.

2. A person under administrative custody, who is a foreign citizen, has a right to meet a consular representative of his/her country of origin, or an authoritative diplomatic representative of the country, who undertakes to protect the interests of his/her country of origin in Georgia, without any restrictions. A person under administrative custody, who is a foreign citizen or a stateless person, has a right to have relations with diplomatic and consular representations of his/her country of origin. Citizens of those countries, which do not have diplomatic and consular representations in Georgia, have a right to have relations with diplomatic and consular representatives of those countries, which undertake protection of their interests, or with intergovernmental organizations, which protect the interests of these persons.

3. A person, against whom the court imposed administrative custody as a measure of administrative punishment for more than 7 days, has a right to meet close relatives (child, spouse, parents (foster parents), adopted child and his descendant, grandchild, sister, brother, niece, nephew and their children, grandparents, parents of grandmother and of grandfather (on mother's as well as on father's side), uncle (brother of mother and of father), aunt (sister of mother and of father), cousin (child of uncle, aunt, of mother's as well as of father's side), also a person in cohabitation and common household before being placed under administrative custody during the last 2 years) once a month. At least 2 days prior to the meeting, it shall be notified to administrative custody facility administrator in written. The period of meeting shall not be less than one hour. The meeting may be conducted under visual surveillance by administrative custody facility administration.

4. Refusal to the request on meeting with the persons mentioned in paragraph 3 of this Article shall be based on security interests.

5. A right to meet with the persons mentioned in this Article may be replaced by telephone communication, on the basis of a written request of a person under administrative custody. Telephone communication shall be conducted at the expenses of a person under administrative custody.

6. A person, against whom the court imposed administrative custody as a measure of administrative punishment for more than 7 days, has a right to conduct 1 (one) telephone communication for 10 minutes during his/her administrative custody throughout Georgia.

7. A person under administrative custody has a right to subscribe or/and receive reasonable number of scientific, scientific-popular, religious and fiction literature, magazines and newspapers, at his/her own expenses.

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

Article 5. Complaints and correspondence

1. A person under administrative custody has a right to complain on every act and decision of administrative custody facility to a superior organ or to the court. A person under administrative custody has a right to refer to national, regional and international human rights protection institutions, established on the basis of Georgian legislation, international treaties and agreements, without any restrictions. Upon request, administrative custody facility administration is obliged to give a pen and a paper to a person under administrative custody for writing statements, complaints and other types of referrals.

2. A person under administrative custody has a right to send and receive letters, with no limitations on letter quantity. Correspondence of a person under administrative custody shall undergo checking, amounting to visual inspection but without disclosing contents of the correspondence. However, in extreme circumstances and in cases of reasonable doubt, if the spread of information will cause a threat to public order, public security or human rights and freedoms of others, administrative custody facility is authorized to disclose the contents of the correspondence and if necessary, restrict sending it to a recipient, about what a correspondence sender shall be duly informed.

3. Correspondence received in a closed envelope shall be opened in the presence of a person under administrative custody. The mentioned correspondence shall undergo visual inspection, without disclosing its contents.

4. Administrative custody facility shall not stop or check a statement or a complaint of a person under administrative custody sent and/or received to/from the President of Georgia, the Chairperson of the Parliament, the member of the parliament, the court, the European Court of Human Rights, international organizations (established on the basis of international agreements in the field of human rights protection ratified by the Parliament of Georgia), ministry of Georgia, department, the Public Defender of Georgia, a lawyer, a prosecutor.

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

Article 6. Medical assistance

1. In temporary detention isolators a person under administrative custody shall be provided with 24 hour medical assistance.

2. In cases, when a person under administrative custody is complaining about his/her health state or has clear signs of sickness, the competent person of the administrative custody facility is obliged to call the doctor or emergency assistance team immediately, in order to receive the conclusion regarding transfer of such person into medical facilities or possibilities of his/her care at the administrative custody facility.

3. A person under administrative custody is transferred to the medical facilities of the healthcare organs, if he/she needs such medical care that cannot be provided at the places of administrative custody. Transfer of a person under administrative custody shall be registered by the order of the head of administrative custody facility and shall have attached the conclusion of the doctor, stating the necessity of transferring a person under administrative custody into medical facility. A person under administrative custody shall be transferred to medical facilities with escort. Escort will be present during the whole stay of a person under administrative custody at the medical facility, but no longer than the term of administrative custody set by the court. At the end of the treatment course, a person under administrative custody shall return to the place of administrative custody based on the conclusion of the doctor. The period of stay at the medical facility for the purpose of treatment shall be included in the period of administrative custody.

4. If needed, a person under administrative custody has a right to ask for medical examination during the whole period of administrative custody.

5. Persons under administrative custody, who are undergoing medicament treatment, have the right to acquire medicaments prescribed by the doctor at their own expenses and keep them at the place of custody. Administrative custody facilities shall have certain supply of medicaments.

6. Administrative custody facilities are obliged to cover costs of healthcare treatment of persons under administrative custody, if harm to their health is incurred due to wrongful acts of such facilities.

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

Article 7. Right to education

1. A person under administrative custody has a right to enroll at the higher education institutions in accordance with the rules established by the Ministry of Education and Science of Georgia, based on a written application about continuing his/her education and participation in Unified Entry Examinations.

2. On the day of examination, a person under administrative custody shall be escorted to the appropriate examination center.

3. A person under administrative custody shall have all the necessary conditions in order to follow general education program. It is prohibited to limit a person under administrative custody an access to educational books and materials, unless there is a threat to facility and/or immediate interest in the protection of internal regulations.

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