1.3.IMPLEMENTING THE MANDATE OF THE NATIONAL PREVENTIVE MECHANISM According to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter ’’Optional Protocol’’), it is the responsibility of states to grant National Preventive Mechanisms Unrestricted access to all information referring to the treatment of prisoners as well as their conditions of detention. However, the National Preventive Mechanism is facing obstacles regarding the full access to certain categories of personal data in recent years. For instance, in 19-21 December 2018, the Special Preventive Group conducted a monitoring visit to the penitentiary establishment N17, where the chief doctor refused to disclose the register of bodily injuries of remand/convicted prisoners, claiming that the information was confidential and demanded that the Group obtained a written consent from prisoners. An important component of the mandate and methodology of the Special Preventive Group is processing a large amount of data obtained from various documents in accordance with the principles of the confidentiality. Restricting access to existing data directly contradicts the obligations set out in the Optional Protocol and impedes a comprehensive assessment of the situation in relation to torture and ill-treatment. Members of the Special Preventive group are also not allowed to access records made through electronic surveillance. These records are important to the extent that they are one of the effective means of identifying cases of torture and ill-treatment and provide an essential evidence.7 Consequently, restricting the access of the National Preventive Mechanism to video recordings impedes the implementation of the preventive mandate guaranteed under the Optional Protocol. The UN Subcommittee on Prevention of Torture responded to the failure of the Government of Georgia to fulfil its obligations under the Optional Protocol in a written communication with the Government of Georgia. The Subcommittee stressed the need for ensuring the unhindered access for the National Preventive Mechanism to all relevant data, including medical records, registries and others. The Special Preventive Group calls on the Government to ensure the fulfilment of its obligation under the Optional Protocol without delay and to eliminate all restrictions and obstacles in relation to the access to the special category of data and video records by the National Preventive Mechanism. 7 European Committee for the Prevention of Torture, 12 General report, (CPT/Inf (2002) 15) indicates that the complete and authentic video and audio recording systems greatly facilitates the investigation of ill-treatment, Available at: http://www.cpt.coe.int/en/annual/rep-12.htm [Last Seen: 17.06.2019]

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