1.3.IMPLEMENTING THE MANDATE OF THE NATIONAL PREVENTIVE MECHANISM
According to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (hereinafter ’’Optional Protocol’’), it is the responsibility of states
to grant National Preventive Mechanisms Unrestricted access to all information referring to the
treatment of prisoners as well as their conditions of detention. However, the National Preventive
Mechanism is facing obstacles regarding the full access to certain categories of personal data in recent
years. For instance, in 19-21 December 2018, the Special Preventive Group conducted a monitoring
visit to the penitentiary establishment N17, where the chief doctor refused to disclose the register of
bodily injuries of remand/convicted prisoners, claiming that the information was confidential and
demanded that the Group obtained a written consent from prisoners.
An important component of the mandate and methodology of the Special Preventive Group is
processing a large amount of data obtained from various documents in accordance with the principles
of the confidentiality. Restricting access to existing data directly contradicts the obligations set out in
the Optional Protocol and impedes a comprehensive assessment of the situation in relation to torture
and ill-treatment.
Members of the Special Preventive group are also not allowed to access records made through
electronic surveillance. These records are important to the extent that they are one of the effective
means of identifying cases of torture and ill-treatment and provide an essential evidence.7
Consequently, restricting the access of the National Preventive Mechanism to video recordings
impedes the implementation of the preventive mandate guaranteed under the Optional Protocol.
The UN Subcommittee on Prevention of Torture responded to the failure of the Government of Georgia
to fulfil its obligations under the Optional Protocol in a written communication with the Government
of Georgia. The Subcommittee stressed the need for ensuring the unhindered access for the National
Preventive Mechanism to all relevant data, including medical records, registries and others.
The Special Preventive Group calls on the Government to ensure the fulfilment of its obligation under
the Optional Protocol without delay and to eliminate all restrictions and obstacles in relation to the
access to the special category of data and video records by the National Preventive Mechanism.
7
European Committee for the Prevention of Torture, 12 General report, (CPT/Inf (2002) 15) indicates that the
complete and authentic video and audio recording systems greatly facilitates the investigation of ill-treatment,
Available at: http://www.cpt.coe.int/en/annual/rep-12.htm [Last Seen: 17.06.2019]