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.
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