2. PENITENTIARY SYSTEM 2.1. IMPLEMENTATION OF THE NPM’S RECOMMENDATIONS The present subchapter is aimed at reviewing the fulfilment of recommendations, taking into consideration the nature of the impact of each recommendation regarding the prevention of torture and other ill-treatment. The Public Defender issued 34 recommendations within the mandate of the NPM, for preventing torture and other cruel and inhuman or degrading treatment or punishment as well as improving imprisonment conditions. Out of these recommendations, 4 have been fulfilled; 11 have been fulfilled partially and 19 were not fulfilled at all.15 Fulfilled Recommendations Inadequate living conditions as Inhuman and Degrading Treatment The Public Defender welcomes that establishment no. 7 was closed down and prisoners were transferred to other establishments. For years,16 the Public Defender had assessed the dire living conditions in this establishment as inhuman and degrading and had been requesting its closure. It is commendable that, following the Public Defender’s recommendation, the Ministry of Justice developed a strategy for dividing large penitentiary establishments into smaller facilities and setting up a balanced infrastructure.17 The size, architectural design and the practice of placement of prisoners in several penitentiary establishments operating in the country (nos. 2, 8, 14, 15 and 17)18 affect the situation considerably in terms of prevention of torture and other ill-treatment. Partially Fulfilled Recommendations The Public Defender positively assesses abolition of the so-called barrack-type dormitories in establishment no. 14. However, the recommendation has not been fulfilled with regard to penitentiary 15 The implementation of the recommendations is analysed as of May 2019. The 2016 and 2017 NPM reports. 17 The Strategy and Action Plan on the Development of the Penitentiary and Crime Prevention Systems for 2019– 2020 was approved by Order no. 385 of the Minister of Justice of Georgia of 22 February 2019, according to which the design and construction of new small facilities was one of the strategic goals of the order. 18 The capacity limit of establishment no. 2 – 1 068 accused/convicted persons; the capacity limit of establishment 16 no. 8 is 3,170 accused/convicted persons; the capacity limit of establishment no. 14 – 1,362 convicted persons; the capacity limit of establishment no. 15 – 1,388 convicted persons; the capacity limit of establishment no. 17– 2,000 convicted persons. 14