In the presence of violence against women and / or domestic violence, an authorised police officer may impose electronic surveillance on the abuser in order to ensure the implementation of a temporary victim protection measure.
Electronic surveillance of an abuser may be carried out to ensure the provision of a temporary protection measure for a victim, especially if there is a real risk of recurrence of violence from the side of an abuser. The threat of recurrence of violence shall be assessed by an authorised police officer on the basis of the risk assessment questionnaire specified in the protocol of the restraining order approved by the order of the Minister of Internal Affairs of Georgia. In assessing such threat, various circumstances shall be taken into account, including the fact of violation of a restraining order and / or a protective order by the abuser in the past and the nature of the violation, the fact of committing the crime of violence in the past, the threats from the side of the abuser and / or the fact of the use / demonstration of melee weapon/ firearms in the process of committing the physical violence by the abuser and other circumstances.
Electronic surveillance may be imposed on the abuser upon the issuance of a restraining order, as well as at any time during the period of validity of the restraining order.
The Protocol
The protocol on the carrying out of electronic surveillance shall indicate:
- the date and place of the issuance of the protocol
- the circumstances which gave rise to the issuance of the protocol
- name, surname, date of birth, personal number and place of residence of an abuser
- information on the conviction of an abuser
- name, surname, date of birth and personal number of a victim
- consent of a victim to carrying out electronic surveillance
- details of a restraining order for ensuring of which the electronic surveillance measure is applied
- prohibiting of an abuser’s approach to a victim, their office and other places where the victim is present
- the imposition of criminal liability in the case of non-compliance by an abuser with the request of an authorised person during the electronic surveillance to enter the alarm zone or to leave the alarm or buffer zone and/or in the case of avoiding the electronic surveillance; also on warning an abuser of the criminal liability in the case of damage or destruction of the electronic means handed over for the purpose of carrying out the electronic surveillance
- other matters that need to be addressed in order to carry out the electronic surveillance of an abuser
Electronic surveillance requires the consent of a victim or their legal representative / procedural representative. If a victim, who is a minor, consents to, but their legal representative / procedural representative refuses from the electronic surveillance, the decision shall be made in the best interests of the minor.
Time
The protocol on the carrying out of electronic surveillance shall enter into force upon issuance. The protocol shall be sent / delivered to a victim and an abuser within 24 hours after its issuance. A copy of the protocol on the carrying out of electronic surveillance shall remain with its issuing body, and another copy shall be submitted to the court for approval within 24 hours after its issuance. The electronic device submitted to an abuser for the purpose of electronic surveillance consists of an electronic bracelet and a receiving device. Damage to or destruction of the electronic device shall result in the imposition of criminal liability on the abuser.