conditional release after 15 years of serving their sentence, which is considered a good practice.235 In
Georgia, a person sentenced to life imprisonment can apply to the court for an early conditional release
after s/he has actually served 20 years, and after 15 years for a replacement of life imprisonment with the
house arrest or the community service. The Public Defender proposes to the Parliament of Georgia to
reduce the term of appeal to a court for an early conditional release for a convicted person sentenced to
life imprisonment through a legislative change.
For those sentenced to life imprisonment, with the hope of returning to society, it is extremely important
to develop a release plan, which should be determined as soon as the verdict is issued and reviewed
regularly. An individual plan helps the prisoner to set a goal, which motivates him/her to succeed. Along
with creating the prospect of release, it is extremely important to establish a regime tailored to the
individual needs of those sentenced to life imprisonment.236
Against the background of the pandemic, rehabilitation activities in penitentiary institutions were
extremely limited. The poor situation in terms of rehabilitation also affected the establishments where
convicts sentenced to life imprisonment are placed. Even though on March 12, 2020 the order of the
Minister of Justice approved the rules for risk and needs assessment and individual plan development
(case management),237 the introduction of which was envisaged in the cases of persons sentenced to life
imprisonment, however, its implementation was suspended due to the extraordinary conditions
introduced in the penitentiary establishments. Under the pandemic, social workers and psychologists
were restricted from entering the facility and individual plans were not drawn up remotely and
implemented. In the absence of individual sentence plans for life prisoners, they do not have the practical
capacity to work on the challenges they face.
A regime tailored to individual needs is also not introduced for persons subject to life imprisonment.
Under Georgian legislation persons sentenced to life imprisonment are considered as of increased risk
and are placed in a closed-type facility, where their opportunities to communicate and socialize with the
outside world are severely limited.238 The legislation also prohibits them from interacting with other
convicts (except for the inmates of the same cell).239 Prolonged placement in the closed-type
establishment, less interaction with family and friends, and unpreparedness for release significantly impair
the ability of persons imprisoned for life to reintegrate into society. It is important that life prisoners are
allowed to more short-term and longer-term visits to help maintain a strong bond with family members
Council of Europe European Committee against Torture and Inhuman or Degrading Treatment or Punishment (CPT),
Status of Imprisoned Persons, excerpt from the 25th Unified Report [CPT/Inf (2016) 10], April 2016, available at the following
address: https://rm.coe.int/16809534f2 [Last visited: 11.01.21].
236 Ibid. Para: 70.
237 Rule on Risk Assessment and Needs for Resocialization and Rehabilitation of Adult Convicts and Former Prisoners, as
well as Preparation, Implementation and Monitoring of an Individual Plan (Case Management Rule) approved by the Order
N502 of the Minister of Justice of Georgia on March 12, 2020.
238 Imprisonment Code, Article 64.
239 According to the Imprisonment Code, Article 64(1) შესაბამისად, a person sentenced to life imprisonment usually
serves his sentence in a closed-type facility, where, in accordance with Article 12 of the Imprisonment Code, convicts are
placed in special cells.
235
71
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