The amnesty act also applied to those sentenced to life imprisonment who have been convicted for drug
offenses. The amnesty replaced their life sentence with 20 years in prison, which is welcome.
One of the mechanisms for release, reducing the sentence or changing the sentence to a less strict
sentence is pardon, which is the exclusive power granted to the President of Georgia by the Constitution
of Georgia.244 Pardon is usually used as an exception. The exercise of pardon by the President of Georgia
is based on the principle of humanism, as well as the state interest. On November 26, 2019 the President
of Georgia approved a new rule of pardon by Decree N556, which increased the term of serving a
sentence by a convicted person sentenced to life imprisonment from 15 to 20 years, which further
increased the minimum period that a life prisoner must spend in a prison before exercising his or her
right to be pardoned by the President for the first time. It should be noted that the existing criminal policy
in the country is not aimed at the use of non-custodial measures, and the system of parole works with
shortcomings. Accordingly, in these circumstances, the Public Defender considers it important that the
term of pardon of persons deprived of liberty for life be set again at 15 years and that additional
opportunities for the release of prisoners be created.
Recommendations:
Violence
To the Minister of Justice of Georgia
In 2021, all establishments should gradually train security and legal regime staff on issues such as
conflict prevention, mediation, and the principles of ethics for penitentiary staff.
All measures need to be takes to protect prisoners who are victims of violence, including by
transferring them to other facilities or avoiding contact with inmates of criminal subcultures.
Placing prisoners in de-escalation wards and solitary (safe) cells as ill-treatment
To the Minister of Justice of Georgia
Amend the penitentiary regulations to determine that placement of a prisoner in a de-escalation
room and solitary confinement cell can be considered only as a last resort and that the use of this
measure be substantiated to justify placement in a descaling room and solitary confinement cell.
Also, the regulations should determine that before using the de-escalation room and the solitary
(safe) cell, the staff of the institution should use other, relatively less restrictive means, such as
direct supervision by the staff and electronic surveillance.
When placing a prisoner in the de-escalation room and solitary confinement, ensure joint,
multidisciplinary work of psychologist, psychiatrist, social worker, doctor and other staff of the
facility for risk reduction/elimination
Create a safe environment in de-escalation rooms and solitary (safe) cells, including soft walls and
floors
244
Constitution of Georgia, Article 52, Paragraph 1, Subparagraph "f".
73
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