the problem of overcrowding in penitentiary establishment no. 15 was not fulfilled. The Public Defender recommended the transfer of convicted persons to another semi-open prison facility. It is planned under the above strategy to submit the plan of closing penitentiary establishment no. 15, which should also be positively noted. The Public Defender deems it necessary that, in parallel to developing the strategy of dividing the system into smaller establishments, the criminal policy should be aimed at the application of non-custodial preventive measures in the country. Furthermore, the existing system of conditional early release should also be revised since there are shortcomings in its implementation.48 2.3.3. ORDER AND SECURITY The existing system of disciplinary proceedings remains a significant challenge in the context of ensuring order in penitentiary establishments. This system does not serve the maintenance of order and protection of the fundamental rights of persons deprived of their liberty in the penitentiary establishments. Despite the recommendations made in 2017, no steps have been taken towards introducing minimum safeguards necessary for a fair system of disciplinary proceedings.49 It is also problematic that the legislation does not determine the obligation of imposition of disciplinary penalty as a last resort. Furthermore, neither legislation nor practice incorporates conflict prevention, mediation or any other alternative dispute resolution mechanism to prevent disciplinary offences or resolve conflicts. Such mechanisms are based on trust and constructive relations among the personnel and the prisoners, aimed at establishing positive relations and thus correcting prisoners’ behaviour.50 Since the Georgian legislation does not differentiate disciplinary penalties according to the seriousness of the act concerned,51 there is a risk of application of disproportionate penalties. Not even minimum standards of a fair trial are upheld in disciplinary proceedings.52 Usually, according to the existing practice, a disciplinary penalty is applied without an oral hearing and an order on its application is only 48 It is still a major problem that the decisions are not justified. Furthermore, different approaches of local councils in different cases with identical circumstances are identified, which is manifested by adopting different decisions in such cases. 49 No guidelines on imposition of disciplinary penalties have been developed; the procedure of oral hearing during disciplinary proceedings has not been introduced. 50 The Nelson Mandela Rules, Rule 38.1 and Rule 76.1.c). 51 It is noteworthy that there are two categories of disciplinary offences in penitentiary establishments of Great Britain based on the gravity of a violation: misconduct and gross misconduct; information is available at: https://www.justice.gov.uk/downloads/offenders/psipso/psi-2010/psi_2010_06_conduct_and_discipline.doc, (accessed 16.02.19). 52 The European Prison Rules require that prison administrations should uphold minimum standards of a fair trial, Article 59. 27