2.3.11. CONTACT WITH THE OUTSIDE WORLD
Window shields in short-term visit rooms,113 absence of privacy during family visits and telephone
conversations remain problematic.114 Despite the importance of video visits, the requisite infrastructure
has not been arranged in all penitentiary establishments.115 Besides, accused persons still are not
entitled to long-term visits.116 Convicted persons placed in special risk prison facilities are not allowed
to have video visits.117
The fact that the place of residence of a prisoner’s family is not taken into account when placing a
prisoner in a penitentiary establishment hinders the exercise of the right to visits. The prisoners that
face problems in terms of visitation in penitentiary establishments located in Western Georgia are
mostly those prisoners that have been transferred from Eastern Georgia. For instance, the Public
Defender recommended to the Minister of Justice of Georgia regarding the transfer of a prisoner from
penitentiary establishment no. 2 to penitentiary establishment no. 8 as the prisoner wanted to be closer
to his family. Prisoners in penitentiary establishment no. 3 are faced with the same problem as their
families live in Eastern Georgia.
The CPT emphasises the importance of a preferential approach in terms of visits and telephone
communication for those prisoners whose families live far away from penitentiary establishments
(which practically makes regular visits impossible). Such prisoners may be allowed to accumulate visits
and/or better conditions in terms of access to the telephone.118 However, the Special Preventive Group
established during its visit to establishment no. 3 that there had been cases where prisoners transferred
from Eastern Georgia were restricted access to a telephone and the right to correspondence as a
disciplinary punishment.119
113
Direct contact and communication with family members are key elements for ensuring a prisoner’s
rehabilitation. Under Rule 24.4 of the European Prison Rules, the arrangements for visits shall be such as to allow
prisoners to maintain and develop family relationships in as normal a manner as possible. Due to the window
shield, a prisoner is deprived of all physical contact with family members during short-term visits. This shield
could be a means of protection. However, despite the fact that in some cases it is important to have physical
barriers, it is important that the possibility of physical contact should be the norm and any decisions limiting
physical contact should be reasonable, justified and proportionate to the aim sought by such restriction.
114 It is impossible to make a phone call in a confidential environment as telephones are installed in duty offices
at the closed-type establishments.
115 Only prisoners at establishments nos. 5, 8, 11, 15, 16 and 17 are allowed to have video visits.
116 The 2017 parliamentary report of the Public Defender, p. 47.
117Ibid. p. 50.
118 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. 51, available in English at: https://rm.coe.int/1680945eca, (accessed 15.05.19).
119 For instance, one prisoner’s right to telephone conversation was restricted for two months. In the same period,
the prisoner’s right to correspondence was restricted for one month. Furthermore, one convicted person’s right
41
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