Defender’s above recommendations to ensure legal safeguards for convicted persons in the risk assessment process. The CPT in its report to the Government of Georgia concerning the visit to Georgia carried out in 2018 noted that, in the context of individual risk assessment and individual sentence plans, particular attention should be paid to the procedural safeguards mentioned above and, in the case of individual sentence plans, involving (to the extent possible) prisoners in the drafting and reviewing the plans so as to secure their commitment to the implementation of the plans and to their social rehabilitation.65 Apart from the abovementioned, the Public Defender of Georgia fully shares the spirit of the CPT that there is an urgent need to completely rethink the philosophy and the approach to them so as to ensure that any restrictions on organised activities, association, privacy and contact with the outside world are only imposed based on a genuine and frequent review (at least every 6 months).66 Accordingly, the Public Defender and the Special Preventive Group believe that the Risk Assessment Rules approved by Order no. 395 of the Minister of Justice of Georgia of 8 May 2019 should be amended to the effect of making it mandatory to review high-risk prisoners once a month.67 2.3.6. ABSENCE OF APPROACH CONDUCIVE TO CONVICTED PERSONS’ RISK REDUCTION In terms of the approach that would facilitate the reduction of risks posed by convicted persons, the absence of a uniform system of assessment of convicted persons’ risks and needs in the penitentiary system is problematic. The same concerns the practice of artificially discouraging transfers to low-risk prison facilities. As it was established by the examination carried out by the Special Preventive Group, convicted persons’ needs and risks are not assessed in penitentiary establishments by virtue of the uniform system. Therefore, during the classification of convicted persons, the individual risks of convicted persons are not studied; specific needs to eliminate these risks are not identified and followed up. This would greatly influence risk reduction and convicted persons’ rehabilitation. Apart from the above mentioned, the examination carried out in penitentiary establishment no. 16, which is a low-risk prison facility, showed that convicted persons are obliged to go to the dining area during meal hours three times a day and be there irrespective of whether they want to eat. Moreover, the establishment’s management obliges convicted persons to walk from the accommodation block to 65 See the 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. 74, available at: https://rm.coe.int/1680945eca, (accessed 12.06.19) 66 Idem. 67 Under Article 17 of Order no. 395 of the Minister of Justice of Georgia of 8 May 2019 on the risk assessment procedure, high-risk convicted persons must be reviewed at least once in 12 months. 31

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