for a longer and indefinite period of time. Imprisonment does not in itself imply the imposition of
additional restrictions on prisoners and, therefore, their use must be justified.56
Being in solitary confinement for months and years is in direct violation of international standards and in
the view of Public Defender constitutes ill-treatment.57 In the 2018 report of the National Preventive
Mechanism, the Public Defender issued a recommendation requesting the establishment of a maximum
term for the isolation of prisoners, as well as setting forth of an obligation to review the isolation measure
in 14 days after the application and thereafter, at the same interval.58 It is unfortunate that this
recommendation remains unimplemented.
2.3.2.3. Placing prisoners in de-escalation rooms and solitary (safe) cells as ill-treatment
Despite the recommendations of the Public Defender over the years, in 2020 there are still prolonged as
well as unjustified and punitive placement of prisoners in the de-escalation rooms and solitary (safe)
confinements, 59 which the Public Defender assesses as equal to cruel, inhuman and degrading treatment.
Prolonged placement of prisoners in de-escalation rooms and solitary (safe) cells
The recommendation issued to Georgia by the European Committee for the Prevention of Torture in 2018
states that the maximum time for a person to be placed in a de-escalation room should not exceed 24
hours.60 The Public Defender has for years demanded a reduction of placement of a prisoner in the deescalation room to 24 hours. Nevertheless, according to the regulations of the penitentiary
establishments, the deadline for the transfer of the accused/convict to the de-escalation room is still 72
hours. In addition, there is no limit to the number of times a prisoner can be placed for security reasons
in a de-escalation room and solitary confinement.
Monitoring visits to the establishments N2, N3, N6 and N8 in 2020 show that in most cases, prisoners are
transferred to a de-escalation room and solitary (safe) cells for a maximum period of time, with the same
person being held virtually continuously for days, at internals of minutes and hours. Thus, for example, in
the facility N3 in one case a prisoner was transferred to the de-escalation room 27 times between February
and June 2020, of which 4 times the inmate was placed in a de-escalation room at virtually uninterrupted
intervals of 9, 7, 6 and 4 days. In addition, in some cases, the same hour and minute are indicated for the
release from and entry of a prisoner to the de-escalation room, which raises a reasonable suspicion that
21st General Report of the European Committee for the Prevention of Torture, para. 55. CPT/Inf (2011) 28
https://rm.coe.int/1680696a88 [Last visited 31.01.2021]
57 See the judgment of the European Court of Human Rights in the case of HARAKCHIEV AND TOLUMOV v. BULGARIA
App. nos. 15018/11 and 61199/12, para. 204.
58
National
Prevention
Mechanism
2018
Report,
p.
55,
available
at
the
address:
https://www.ombudsman.ge/res/docs/2020011615511256803.pdf [last visited 01.01.2021]
59 According to the statutes of penitentiary establishments, for the purpose of preventing the accused/convict from harming
himself/herself, others and property, for preventing crime and other violations in the institution, for disobeying the
personnel, in order to repel the attack, group disobedience and/or prevent mass riots, the accused/convict may be placed
in solitary confinement for no more than 24 hours by order of the director of the establishment.
60 Report on the visit of the European Committee for the Prevention of Torture to Georgia on 10-21 September 2018 (CPT/Inf
(2019) 16), para. 94, available in English at: <https://rm.coe.int/1680945eca> [last visited: 31.01.2021]
56
37
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