placed separately since 2015; 5 prisoners have been placed separately since 2016; 10 prisoners have
been placed separately since 2017, and 4 prisoners have been placed separately since 2018. In
penitentiary establishment no. 9, 1 prisoner has been placed separately since 2012; 1 prisoner has been
placed separately since 2013; 1 prisoner has been placed separately since 2017; and 3 prisoners have
been placed separately since 2018.
The CPT points out that it “pays particular attention to prisoners held, for whatever reason (for
disciplinary purposes; as a result of their ‘dangerousness’ or their ‘troublesome’ behaviour; in the
interests of a criminal investigation; or at their own request), under conditions akin to solitary
confinement. The principle of proportionality requires that a balance be struck between the
requirements of the case and the application of a solitary confinement-type regime, which is a step that
can have very harmful consequences for the concerned person. Solitary confinement can, in certain
circumstances, amount to inhuman and degrading treatment; in any event, all forms of solitary
confinement should be as short as possible.”73
In the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, on his mission to Georgia in 2015, the Special Rapporteur discussed this practice of placing
prisoners separately, where a prisoner may spend several months in this form of solitary confinement.
The Special Rapporteur is of the opinion that this may constitute cruel, inhuman or degrading
treatment and even torture, and may indeed risk exacerbating the conditions that make these inmates
a risk to themselves or others.74 For the purposes of the report, the Special Rapporteur defined solitary
confinement as the physical and social isolation of individuals who are confined to their cells for 22 to
24 hours a day. Of particular concern to the Special Rapporteur is prolonged solitary confinement,
which he defines as any period of solitary confinement in excess of 15 days. 15 days is the limit between
“solitary confinement” and “prolonged solitary confinement” because at that point, according to the
literature surveyed, some of the harmful psychological effects of isolation can become irreversible,
which amounts to cruel, inhuman or degrading treatment or punishment or, in some cases, even
torture.75
rConsidering the above-mentioned, in the 2016 parliamentary report, the Public Defender
recommended to the Minister of Corrections to ensure that it was mandatory to review decisions about
separating prisoners for 14 days after the use of this measure and later within the same intervals.
However, this recommendation has not been fulfilled.76
73
CPT report on its visit to Finland, carried out in 1998, (CPT/Inf(96)28).
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
on his mission to Georgia in 2015, A/HRC/31/57/Add.3, para. 85.
75 Interim report of the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or
degrading
treatment
or
punishment,
available
in
English
at:
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/66/268, (accessed 11.06.19).
76 The 2016 parliamentary report of the Public Defender of Georgia, p. 69.
74
34
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