The CPT emphasised the existence of the criminal underworld in penitentiary establishments in its report published with regard to Georgia in 2019. The CPT discussed the particularly dangerous influence of the informal prisoner hierarchy in penitentiary establishment no. 15. The report also mentions that the management of penitentiary establishment no. 15 acknowledged that it considered itself compelled to share a part of its responsibility for order and security with “strong prisoners” (socalled “watchers”) to maintain order and security. In the view of the CPT, this exposed weaker prisoners to the risk of violence and intimidation. The committee also mentioned that in penitentiary establishment no. 15 a certain group of prisoners that has a great influence on the establishment enjoys privileged conditions, which differ greatly from the conditions of other prisoners.34 The CPT calls upon the Georgian authorities to exercise constant vigilance and use all appropriate means at their disposal to prevent and combat inter-prisoner violence and intimidation. This should include ongoing monitoring of prisoner behaviour (including the identification of likely perpetrators and victims), proper recording and reporting of confirmed and suspected cases of inter-prisoner intimidation/violence, and thorough investigation of all incidents. The report also points out the importance of protection of the actual or potential victims against the actual or potential perpetrators (by taking steps such as transferring them to different establishments or otherwise preventing them from having any contact with each other). Furthermore, the CPT emphasises that an end must be put at penitentiary establishments to the practice of delegating authority to informal prisoner leaders and using them to maintain order and security among the inmates. All informal prisoner leaders and their close circles must be deprived of the privileges which other prisoners do not enjoy (including as regards material conditions); consideration might be given in this context to segregating the informal leaders and their close circles from the rest of the prison population, on the basis of a proper individual risk and needs assessment.35 The Public Defender has been discussing for years the serious threats in terms of ill-treatment of prisoners posed by the criminal underworld exiting in penitentiary establishments, which often causes violence among prisoners and their bulling. It is noted in the Public Defender’s 2016 report36 that it is necessary that the Ministry of Corrections of Georgia should understand the challenges posed by the existence of criminal underworld in penitentiary establishments and elaborate a strategy to overcome these problems. The issue needs to be were accommodated on average; and 27 applications were filed from establishment no. 17, where annually 1,874 prisoners were accommodated on average. 34 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 12.06.19). 35 Ibid., para. 53. 36The 2016 report of the NPM, p 46, available at: http://www.ombudsman.ge/res/docs/2019040513214458561.pdf, (accessed 11.06.19). 23

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