that due to the precarious203 situation in the Establishments N2 and N8, it was important that juvenile
detainees be placed in a juvenile specialized facility. The placement of juveniles in the establishments N2
and N8 significantly hinders the rehabilitation process and contradicts to the best interests of juvenile
offenders.
According to the Penitentiary and Crime Prevention Systems Development Strategy and Action Plan for
2019-2020 adopted by the Minister of Justice, a segregation plan should have been prepared by
September 2019, aimed at transferring juveniles from N8 establishment and to arrange separate
infrastructure for juveniles in the facilities N2 and N11.204 It should be noted that the commitments under
the plan were not performed. During its visit to Georgia, the European Committee for the Prevention of
Torture received a promise that a section of juvenile offenders would be built at the N11 Juvenile
Rehabilitation Facility, which was to open in 2021.205 Unfortunately, no steps have been taken in this
direction in 2020.
Three meals are provided to juveniles in all three facilities. The juvenile's diet is virtually indistinguishable
from the adult inmates' diet. The menu does not include fresh vegetables, while fruits206 is provided to
them only in the form of compote. Since a juvenile is an adolescent and needs a complete diet, four meals
are essential for the health and full development of a juvenile.207
2.8.1.2. Legal Safeguards
A juvenile accused/convict placed in a detention facility/penitentiary establishment shall be immediately
given the opportunity to obtain written information about his/her rights (including the right to appeal)
and his/her duties and the rules of appeal established by law.208 The juvenile accused/convict should be
provided with information in a form which is understandable to him/her.209 Most of the juveniles
interviewed in the facility N8 were not informed about their rights and the complaint mechanism. It should
also be noted that the written list of juvenile rights is virtually indistinguishable from the written list for
juvenile prisoners.
In the opinion of the Public Defender, it is important to provide the juvenile with written information on
the rights-responsibilities and the mechanism of the complaint in a structured, understandable (simple)
language when entering the institution. It is important to increase the role of the social worker in order
203See
the 2016 report of the National Preventive Mechanism. Available at the following address:
https://ombudsman.ge/res/docs/2019040513214458561.pdf, p.195 -199, [Last visited: 20.01.2021].
204 Order №385 of the Minister of Justice of Georgia of February 22, 2019, approving the Strategy for the Development of
Penitentiary and Crime Prevention Systems and the Action Plan for 2019-2020, is available at the following address:
https://www.matsne.gov.ge/ka/document/view/4490017 [Last visited: 31.01.21].
205 Report of the European Committee for the Prevention of Torture on the visit to Georgia on 10-21 September 2018
(CPT/Inf (2019) 16), para. 66, available in English at the following address: https://rm.coe.int/1680945eca [Last visited:
31.01.2021].
206The fruit is mainly received from relatives through parcels.
207See
National
Preventive
Mechanism
2019
Report.
Available
at
the
following
address:
https://ombudsman.ge/res/docs/2020033122424787329.pdf p. 71-72, [Last visited: 20.01.2021].
208 Juvenile Justice Code, Article 94, Paragraph 1.
209 See Ibid., Article 94, paragraph 3.
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