Committee noted that for too many interviewed prisoners, placement in a de-escalation room was seen
as a retaliatory punishment for their difficult behavior.64
2.3.2.4. Practice of full body check of prisoners as ill-treatment
The full body check of prisoners is still a routine and is not based on a thorough assessment of the risks
posed by the prisoner. The special preventive group received a lot of information about this from N8,
N12 and N2 facilities. According to the information received from the inmates during the monitoring visit
by the special preventive group, even in the case of screening by scanners in the facilities, there is a
practice of complete stripping and bending of the prisoners. At the same time, it was found that during
the full check, not parts but whole bodies of prisoners are being stripped, which contradicts the facilities'
statutes and international standards65 and, in the opinion of the Public Defender, constitutes degrading
treatment of prisoners. This practice is particularly troubling with regards juveniles as it may be more
harmful to the child.66
According to the statutes of the facilities, the full examination of the person should be carried out in such
a way that the complete stripping of the person being examined does not take place.67 In addition, the
regulations of the establishments do not provide for bendings to be done by prisoners.
In view of the above, the Public Defender calls on the Special Penitentiary Service of the Ministry of Justice
to immediately eliminate the existing practice of complete stripping and bending. A full body check
should be carried out only on the basis of a specific and substantiated suspicion, under conditions of
respect for human dignity and respect, and in accordance with clearly established procedures. Also, a
scanner should be installed in all penitentiary facilities and its use as an alternative to a full inspection
should be ensured. In addition, other complementary methods of verification should not be used when
using the scanner as an alternative method. This is provided for in the regulations of the establishments,
according to which a person is given the opportunity to choose between a full body inspection and a
scanner inspection. After checking with a scanner, full body check of the person is allowed only if the scan
proves that the person owns a prohibited/unauthorized item.68
2.3.3. Risk factors causing the ill-treatment
2.3.3.1. Overcrowding of penitentiary establishments
As in previous years, in 2020 the overcrowding of penitentiary establishments remained a problem.
According to a study published by the Council of Europe, as of April 2020, there were 9471 prisoners in
Report on the visit of the European Committee for the Prevention of Torture to Georgia (CPT/Inf (2019) 16), para: 101,
visit of September 10-21, 2018, available in English at the following address :< https://rm.coe.int/1680945eca > [last visited:
02.02.2021].
65 Nelson Mandela Rule 50.
66 For details see the chapter on juveniles.
67 E.g. Statute of N8 Penitentiary Establishment, Article. 64 1, para
68 Ibid, Article 641
64
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