implementation of the recommendations. Pursuant to Article 22 of the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, public
authorities are obliged to consider the recommendations made by the National Preventive Mechanism
and to enter into a dialogue with it on possible measures of implementation. It is unfortunate that the
representatives of the Ministry of Justice / Special Penitentiary Service do not consider themselves obliged
to provide the National Preventive Mechanism with information on the review and implementation of the
recommendations issued in the various reports, thus clearly violating the international obligations of the
country. It should be noted that the Ministry of Justice / Special Penitentiary Service only sent information
to the Parliament of Georgia on the implementation of the tasks reflected in the resolution of the
Parliament of Georgia, which was sent by the Parliament of Georgia to the Office of the Public Defender
on March 26, 2021. The information provided by the Ministry of Justice to the Parliament of Georgia does
not fully cover the responses to all the recommendations issued by the National Preventive Mechanism
in the 2019 report.
The evaluation of the implementation of the recommendations presented in this chapter is based on the
responses provided by the Ministry of Justice to the Parliament of Georgia on the implementation of the
tasks reflected in the Resolution of the Parliament of Georgia, as well as information from available
sources during the reporting period.
The Public Defender is concerned with the fact that the rate of implementation of the recommendations
issued to the Ministry of Justice is still extremely low. Clearly, the epidemic situation caused by the
pandemic had a significant impact on the implementation of some of the recommendations, including
recommendations that could not be implemented objectively, although implementation most of the
recommendations were not hindered by the pandemics, on the contrary, their implementation was even
more important during the pandemic. It should also be noted that the implementation of the
recommendations that have not been implemented is not related to the mobilization of significant
financial and other resources.
Unfortunately, there is an impression that the Ministry of Justice, instead of engaging in a constructive
dialogue to implement the recommendations of the Public Defender,29 by not acknowledging the
system's problems and creating obstacles for the monitoring body, it violates the obligations incurred by
the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.30
In accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, the country undertakes obligation to ensure that the National
Preventive Mechanism has unimpeded access to all information relating to the treatment of detainees
and the conditions of their detention.31 Nevertheless, the National Preventive Mechanism has
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Article 22.
30 Ibid. Articles 19, 20, 21.
31 Ibid. Article 20 (b).
29
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents