The project is funded by the European Union

PRI Conference on Torture Prevention

1 -2 October, 2009

Summary of the Conference

On October 1 – 2 Penal Reform International (PRI) South Caucasus Regional Office organized a Conference “Prevention of Torture: What does it mean and how well do we do it in the South Caucasus?” at Courtyard Marriott Hotel.

The Conference was organized under the framework of the EU-funded project “Prevention of Torture in Georgia”. Co-financing for the event was provided by the Council of Europe and the Ministry of Foreign Affairs of the Netherlands.

The main focus of the event was Georgia in light of the recent adoption of the legislation and official designation of the Public Defender as a National Preventive Mechanism (NPM) under the Optional Protocol to the United Nations Convention against Torture (OPCAT).

The participants of the conference included staff members of the Public Defender’s Office, also government officials (Minister of Corrections and Legal Assistance, representatives from the Ministry of Justice and Defence, Chair of the parliamentary committee for human rights, etc) as well as representatives from local NGOs and international organizations. Ombudsperson from Azerbaijan as well as Azerbaijani NGOs, and Armenian counterparts also partook in the conference. Over 60 participants attended the conference.

Invited local and international speakers made presentations at different sessions and panels at the conference. Local speakers were NGO experts and Ombudsman’s Office representatives from Georgia, Armenia and Azerbaijan from various fields falling under OPCAT. And international speakers included CPT and SPT members from Croatia, Czech Republic, Estonia, also representatives from UK and Slovenian NPMs, Council of Europe Secretary General’s special representative in Georgia, PRI representatives, etc.

The overall theme for the first day of the Conference was ‘Effective Prevention of Torture and other cruel, inhuman and degrading treatment or punishment’.

The Conference was opened by Mr. Rait Kuuse, the Regional Director for PRI’s South Caucasus Office. He welcomed the audience and introduced the background as well as the contents of the conference. Mr. Robert Liddell, the Deputy Head of the European Commission Delegation to Georgia spoke about the EU’s long-standing support to the torture prevention in general and in Georgia, as well as to the Public Defender’s Office. Other speakers who made welcome speeches at the conference included Mr. Borys Wodz, the special representative of the Council of Europe’s Secretary General in Georgia, also Mr. Dimitri Shashkini, the Minister of Corrections and Legal Assistance also in charge of political reforms, and Mr. Giorgi Tugushi, the new Public Defender of Georgia.

The introductory part was followed by a presentation by Ms. Ivi Proos, from Estonian Institute of Open Society Research concerning the results of the public opinion and perceptions survey on criminality and criminal justice policy in Georgia. The purpose of the survey was to obtain trustworthy information about the attitudes and awareness of Georgian population with regard to the criminality and penal policies, as well as to the alternative non-custodial punishments and their use, and parole. The survey had involved representative sample of 1200 respondents in Georgia and had been conducted in summer 2009 under the framework of the project.

Prior to the first session of the conference a video clip produced by the Georgian Center for the Psycho-social and Medical Rehabilitation of Victims of Torture (GCRT) and titled ‘Reflection’ was shown on a projector as a visual reminder of the cruelty of torture. The theme of the clip was the reflection of the act of torture and its consequences on the person who committed the torture.

The Session 1 of the conference was devoted to the overall theme of prevention of torture and also other kinds of ill-treatment. Dr Elina Steinerte from the Human Rights Implementation Centre of the Bristol University, UK spoke about the obligations under OPCAT, preventive mandate under OPCAT, the concept of preventive visits, legal obligations of states to prevent under different instruments and mechanisms, etc.

Ms. Marija Definis Gojanovic, member of CPT and SPT gave detailed definitions and explanations of torture and other cruel, inhuman and degrading treatment and punishment. It was emphasized that apart from classic cases of torture, cumulative conditions of detention can amount to ill-treatment and in some cases to torture. The presentation also evolved around definitions between torture and other kinds of ill-treatment. Later the speaker expanded upon the preventive visiting and other actions of prevention. She emphasized that efforts for the eradication of torture should be focused first of all, on the prevention.

In this session Mr. Nikhil Roy, the Programme Development Director in his presentation spoke about whether there is international consensus on best practice for the prevention, on different NPM models worldwide, about main actors of prevention on global and regional levels. He spoke about torture prevention as one of key priorities for PRI and actions, programmes and efforts undertaken by different offices worldwide.

Last speaker of the Session was Mr. Giorgi Tugushi, who voiced his vision on independent and effective operation of newly designated NPM in Georgia, first talking about the background of monitoring various detention places and closed institutions and of torture prevention. He emphasized the intention to include civil society in the work of NPM and spoke about modes of recruitment of NGO representatives and independent experts.

Session 2 of the Conference looked more on practical aspects of NPMs and operating mode. First the example and experience of Slovenian NPM (Human Rights Ombudsman) was presented by Mr. Ivan Selih, the Deputy Ombudsman of Slovenia. He provided insight into the NPM designation background, legislative framework; institutions covered, cooperation with NGOs and their selection; methods of work of the NPM, etc.

Later the representative of Georgian Public Defender’s Office, Ms. Natia Imnadze made a presentation about Georgian NPM: the background of designation, legislation, structure and methods of operation, coverage. The plan for activities of NPM in monitoring various places of detention and closed institutions was also presented.

Mr. Giorgi Chkheidze, Deputy Chair of Georgian Young Lawyers Association presented the analysis of torture-related legislation commissioned by PRI under the project. He outlined main gaps and disparities with international standards and instruments. He also presented the view about the role of civil society in the NPM.

Session 3 ‘Effective Communication and Follow Up’ was divided in two parts. During first part Mr. Zdenek Hajek from SPT, Czech Republic gave a presentation about effective communication and follow up between an NPM and SPT and also relevant authorities of the State Party. He emphasized OPCAT principles of communication, cooperation and constructive dialogue and the three levels of communication/follow up: local, regional and international.

During the later part of the Session at the end of Day 1 Azeri and Armenian participants were given floor to present the situation with regard to torture and ill-treatment and efforts undertaken to prevent those. The speaker from Azerbaijan was the Ombudsperson, Mrs. Elmira Suleymanova and Armenia’s situation was presented by NGO representatives involved in monitoring police and prisons.

Day 2

The second day of the conference was of more practical focus as it was devoted to presentations and discussions on preventing torture and ill-treatment in various closed thematic institutions falling under OPCAT. It consisted of four panels and involved introductory presentations of local experts who spoke of the local situation, followed by international experts talking about international best practices and standards.

The theme for Panel I was ‘Prevention of torture in Georgia’s prisons: mapping risk areas and solutions with a particular focus on medical monitoring’. Local speaker was Dr Mariam Jishkariani, President of RCT/Empathy who made introductory presentation about international and national standards, as well as methods of medical monitoring in prisons, right to health and access to medical assistance, professional ethics of physicians, role of medical doctors in prevention, etc.

Mr. Nigel Newcomen, HM Deputy Chief Inspector for England and Wales made a comprehensive presentation about UK’s NPM and about UK’s practice of inspecting prisons and preventing torture and ill-treatment, including: mandate, principles, working methods, scope of inspection, and background of inspectors. At the end he made recommendations about key ingredients to effective inspection of places of detention.

Panel II was dedicated to the topics of ‘Preventing Torture in Georgian Psychiatric and Social Care Institutions: Mapping Risk areas and solutions’. Local speaker Ms. Nana Zavradashvili from the Public Monitoring Council of Psychiatric Institutions gave a presentation about the relevance of OPCAT to torture prevention in mental health hospitals and social care institutions. The practical manifestations of torture in these types of institutions, as well as forced treatment were reviewed in the presentation. She also spoke about the work of the Monitoring Council with regard to torture prevention.

Mr. Andres Lehtmets from CPT, Estonia spoke about CPT’s mode of operation in mental health and social care institutions, examination of treatment of patients to prevent torture and made an overview about the connection between psychiatry and prevention of torture, issues to look at in these establishments from the perspective of ill-treatment.

Panel III of the conference looked at the prevention of torture in police, risk areas and solutions. It was moderated by Dr Matthew Pringle from APT, PRI’s project partner. Mr. Otar Kvachadze, from the Public Defender’s Office made an overview about the situation in police stations and isolators with regard to materials conditions and treatment of detainees. Mr. Borys Wodz, from Council of Europe spoke about CPT’s practice of monitoring police stations and isolators, issues to look at, tips for the prevention, etc. Another international police expert, Mr. Michael Kellett from UK talked about practices leading to torture in police.

Last Panel IV had a theme of preventing torture in military detention isolators and was introduced by Dr Elina Steinerte from Bristol University. The situation in Georgian military isolators, called hauptwachts, was introduced by Georgian military expert Mr. Irakli Sesiashvili from Justice and Liberty Association. He spoke about risks and manifestations of torture and improvements in the current situation.

Presentations in each of the panels were followed by questions and answers (Q&A) from the audience, which made the panels more interactive and participatory.

Panels were rounded up by PRI representatives, Mr. Rait Kuuse and Mr. Nikhil Roy. It was concluded that efforts need to continue for the prevention of torture in all thematic closed institutions.

The participants requested to be provided with presentation materials.