Pre-Detention – Characteristic Decision of the Georgian Courts

Pre-Detention – Characteristic Decision of the Georgian Courts

Pre-detention has already become a norm in Georgia. At present there is almost no trial which does not end with sentencing a defendant to pre-detention. Manfred Nowak, Special Rapporteur on Torture from the United Nations Office of the High Commissioner for Human Rights considers this is a flagrant violation of international standards.

It has already been a long time since pre-detention became an inevitable norm in Georgia and the overcrowded cells of prisons have difficulty holding more detainees after the Rose Revolution as many “high ranking” “criminals” have been sent to prisons. International experts do not approve the practice of the Georgian Courts and advise them not to apply pre-detention so often. In their view, if decisions favoring pre-detention are rare, it will greatly contribute to improving the situation in pre-detention cells, where currently there are about 40 instead of the recommended 11 detainees.

“One of the main recommendations which the UN Human Rights Committee gives to Georgia is precisely regarding pre-detention, that it should be used as rarely as possible. It is not necessary to sentence all suspects to pre-detention, especially if their staying outside will not interfere the process of investigation,” stated Manfred Nowak, Special Rapporteur on Torture from the United Nations Office of the High Commissioner for Human Rights, who arrived on February 19 and made a two-day visit to Georgia.

While in Georgia he visited several prisoners, including Sulkhan Molashvili, Former Chairman of the Control Chamber, and said that he would definitely in his report notes regarding Molashvili’s condition.

It should be mentioned that the reports of torture and inhuman, degrading treatment are very frequent in pre-detention cells and, though NGOs often observe this and bring concrete facts of torture and ill-treatment to the attention of the respective services, not a single policeman has yet been indicted or tried according to the corresponding Criminal Code.  Nowak also emphasized this fact, saying that it showed the existence of a non-punishment culture in Georgia.

On June 26, 2004, Human Rights Information and Documentation Center (HRIDC) and the Georgian Centre for Psychological and Medical Rehabilitation of Torture Victims (GCRT) conducted a joint action for the support of victims of torture and submitted an open letter to the Georgian Parliament demanding that the Georgian government ratify the Optional Protocol to the UN Convention against Torture. The Optional Protocol will assist States in preventing torture by providing for a system of regular visits to places of detention by independent and adequately mandated international and national bodies of experts.

After studying the situation during his two day visit, Manfred Nowak also advised the Georgian government to ratify the above-mentioned document. He said that the document’s ratification would enable the NGO sector to take a more active role against torture.

Nowak will familiarize the UN Human Rights Committee with his preliminary findings regarding his visit to Georgia, and he will introduce his final report at the 26th session of the Committee, which will be held in 2006.

During his visit to Georgia, Nowak met with the President of Georgia, Parliamentary Chairperson, Public Defender and representatives of the NGO sector.