addressed by a complex approach comprising relevant legal actions to be taken against those inmates
violating the rights of other prisoners. The Public Defender observes that, for changing the existing
situation, it is necessary to take task-oriented complex measures, including the practical
implementation of a dynamic security concept, fighting impunity, enhancement of rehabilitation
services, creation of adequate prison conditions, raising awareness among prisoners, offering incentives
to inmates and giving them opportunities to be involved in various meaningful activities. All these
measures taken together will weaken the authority of criminal underworld in penitentiary
establishments. It is also necessary to take measures aimed at overcoming criminal underworld under
the conditions, where inmates' rights and safety are secured. Violent and repressive methods should
not be applied in order to avert possible torture and other cruel, inhuman or degrading treatment or
punishment.
In the 2015 report,37 the Public Defender discussed discriminatory attitudes towards prisoners employed
in service units and responsible for cleaning, which continues to date and is caused by the criminal
underworld and supported by the establishment authorities.
2.3.1. PROCEDURAL AND INSTITUTIONAL SAFEGUARDS AGAINST ILL-TREATMENT
During 2018, the Public Defender’s Office applied twice to the Office of the General Prosecutor of
Georgia with a proposal to start an investigation into the alleged physical violence against a prisoner
by an employee of the penitentiary system. It is noteworthy that on both the occasions an investigation
was launched but criminal prosecution was not instituted against anybody. Furthermore, during the
monitoring conducted in penitentiary establishment no. 6 in 2018, the members of the Special
Preventive Group received information about alleged physical violence against one of the prisoners by
prison officers.38
The prevention of torture and other ill-treatment cannot be effective unless there are legal safeguards
against such treatment introduced at the legislative level and implemented in practice. Unfortunately,
a significant portion of the recommendations made by the Public Defender in 2017 towards enhancing
procedural and institutional safeguards against torture and other ill-treatment are still unfulfilled.39
37
The 2015 report of the NP, p. 134, available at: https://drive.google.com/file/d/1_VN-AwGDBAcocqskoTm0OSPXcrb9Cup/view, (accessed 11.06.19).
38 Injuries were visible on the body of the prisoner and they were documented by the photographs taken by the
members of the Special Preventive Group. The materials were sent to the Office of the Chief Prosecutor of
Georgia for instituting an investigation. According to the response received from the prosecutor’s office,
investigation regarding this incident was launched under Article 1443 of the Criminal Code of Georgia.
39Inter alia, no steps have been taken towards integrating the penitentiary health care into civil healthcare in the
context of professional independence. Unlike the Ministry of Internal Affairs, the obligation of a medical
professional employed in a penitentiary establishment to notify the independent investigative agency about
alleged ill-treatment has not been laid down in a legislative act.
24
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