according to the information received from the Special Penitentiary Office of the Ministry of Justice of
Georgia, from 1 January to 30 September 2018, 83 accused persons that were brought to penitentiary
establishments sustained injuries during arrest and after arrest.43 At the same time, in penitentiary
establishments, from 1 January 2018 until 30 September 2018, in terms of injuries documented to be
found on accused and convicted persons, in 209 cases, injuries were inflicted by another person and in
74 cases, the origin of injuries could not be identified.44
Under the procedure of documenting injuries of accused/convicted persons, the suspicion of a healthcare professional concerning possible torture and other ill-treatment of the prisoner is the ground for
registering injuries. Stemming from the fact that the criteria based on which a medical professional
selects suspicious injuries are not determined by law, there is a risk that incidents of ill-treatment will
not be identified fully and effectively. Therefore, it is necessary to statutorily determine guidelines for
the criteria for selecting suspicious injuries by medical professionals.
Under Article 2.2. of the Procedure of Documenting Injuries of Accused/Convicted Persons in the
Penitentiary System, before the medical examination, a medical professional must obtain a patient’s
informed consent. Under Article 2.5, an examination cannot be carried out without the informed
consent of the patient.
The CPT, in its report to the Government of Georgia concerning the visit to Georgia, carried out in
2018, recommended that the existing procedure needs to be amended so as to require using the “body
charts” and taking photographs (and reporting this information) whenever prison doctors believe that
there are grounds to suspect ill-treatment/inter-prisoner violence, irrespective of whether the prisoner
alleged any ill-treatment, and agreed to such recording and reporting.45
2.3.2. LARGE PENITENTIARY ESTABLISHMENTS46
It is commendable that, following the Public Defender’s recommendation, the Ministry of Justice
developed the strategy for dividing large penitentiary establishments into smaller facilities and setting
up a balanced infrastructure.47 However, the Public Defender’s recommendation concerning addressing
43
Letter no. 32884/01 of the Special Penitentiary Office of the Ministry of Justice of Georgia, dated 9 February
2019.
44 Letter no. 32884/01 of the Special Penitentiary Service of the Ministry of Justice of Georgia, dated 9 February
2019.
45 Report to the Georgian Government on the visit to Georgia, carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 September
2018, (CPT/Inf (2019) 16), para. 80, available at: https://rm.coe.int/1680945eca, (accessed 15.05.19).
46 As of December 2018, the number of convicted persons in establishment no. 15 exceeded the limit by 373. As
regards establishment no. 2, the number of convicts exceeded the limit for 9 months in 2018.
47 The Development Strategy for Penitentiary and Crime Prevention Systems and the Action Plan for 2019-2020
was approved by Order no. 385 of the Minister of Justice of Georgia of 22 February 2019 according to which one
of the strategic goals of the order was the design and construction of new smaller facilities.
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