although there was no pandemic in the country, total of 84 individual sentence plans were elaborated.
Furthermore, the Public Defender in number of reports182 highlited significant shortcomings in the
development and implementation of an individual sentence plan for convicts, which is the most important
component of the rehabilitation-resocialization process and is still a major challenge. It should also be
noted that the order N502 of 12 March, 2020 of the Minister of Justice of Georgia approved the rule of
risk assessment and needs for resocialization and rehabilitation of adult convicts and ex-prisoners, as well
as the preparation, implementation and monitoring of an individual plan (case management rule). The
Public Defender hopes that at least in 2021 the maximum number of cases will be covered in all
penitentiary institutions in accordance with the new rule.
In view of all the abovementioned, since it is unknown how long the special conditions will last, the Public
Defender considers that, first of all, it is important to immediately develop alternative opportunities for
rehabilitation activities in penitentiary establishments. In order to strengthen the rehabilitationresocialization process, to implement diverse and systematic rehabilitation activities, it is important to
increase the number of social workers and psychologists in penitentiary institutions in 2021.183 Work with
prisoners should also become more active through incentives to motivate them to engage in various
activities.184
Although early conditional release or replacement of the unserved part of the sentence with a lighter
sentence is not a basic constitutional right of the convict, it is an important legal opportunity for the
convict to be motivated in the post-conviction period, to be fully focused on the re-socialization process
and be hopeful of this process.185
2.8. Vulnerable categories of persons
2.8.1. Juveniles
A juvenile defendant against whom detention has been used as a measure of restraint is placed in the
juvenile unit of the detention facility (N2, N8), and a juvenile convicted person sentenced to imprisonment
is placed in a juvenile (N11) rehabilitation facility. The Juvenile Justice Code also provides for the possibility
of temporarily transferring of an imprisoned juvenile to another facility (N2, N8) for security reasons.186
182See
the 2018 report of the National Preventive Mechanism. The report is available at the following address:
https://bit.ly/3aU7394, p. 41, [Last visited: 20.01.2021].
183 For years, the Public Defender in the reports has been talking about the lack of adequate and qualified staff (social
workers and psychologists). This time as well, in the reporting period, on April 30, 2020, during the visit to the facility N17,
1,702 convicts were present and 2 psychologists and 8 social workers employed. That is, there were about 212 convicts per
social worker and 851 convicts per psychologist.
184 Although early conditional release or commutation of a sentence may not be a basic constitutional right of a convict, it
is an important legal opportunity for the convict to be motivated in the post-convict period, to be fully focused on the
process
of
re-socialization
and
to
hopeful
of
the
effectiveness
of
this
process.
https://ombudsman.ge/res/docs/2020033122424787329.pdf, p. 64, [last visited: 20.01.2021].
185 See National Preventive Mechanism 2019 Report. The report is available at the following address:
https://ombudsman.ge/res/docs/2020033122424787329.pdf p. 64, [Last visited: 20.01.2021].
186Juvenile Justice Code, Part 1 of Article 89.
62
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