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Public Defender Addresses Minister of Internal Affairs with Recommendation

May 31, 2011

Georgian Public Defender Giorgi Tughushi addressed the Minister of Internal Affairs Ivane Merabishvili to immediately ensure restoration of rights of the individuals detained during the night of May 26th of 2011, particularly the opportunity to contact the family members and lawyers, adequate medical treatment and receiving the items allowed by the legislation.

“On the night of May 26th of 2011, tens of people were detained and were located in different cells of preliminary detainment. Besides, the location of some people is still uknown. There are very few cases when the investigators contacted the family of the detainees and notified them about the detainment and location of their family members.

On May 26th, the representatives of Public Defender visited the Tbilisi #2, Mtskheta, Kaspi and Shida Kartli cells of preliminary detainment. As it turned out, the people located in Tbilisi #2 cells of preliminary detainment were transferred to different cells. Thus, the lawyers could not visit them. Currently, the office of Public Defender continues monitoring of other cells, however, the practice of May 26th showed that their location may have changed again.

Considering the abovementioned the right of defense of the prisoners has been restricted. As for their family members, they are deprived of elementary opportunity of knowing the location of their family members. According to the article 42 of the Constitution, “everyone has the right to apply to a court for the protection of his/her rights and freedoms.”

Council of Europe Committee against Torture pays special attention to three rights of the detained individuals: notifying the third party about the fact of detainment (whoever he/she chooses, a family member, a friend a consulate), right to have a lawyer and right to get medical inspection by the preferred doctor (additionally, any medical inspection by the doctor assigned by police). According to the Committee against Torture, these three means are three basic means for protecting individuals from the ill-treatment and they are used at the initial stage of imprisonment,” – reads the statement of the Public Defender.

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