Therefore, one of the main focuses of the 2020 monitoring was the current state of health and
epidemiology as well as the impact of preventive measures on the rights of prisoners. In 2020, in the light
of the epidemic and the preventive measures taken by the Special Penitentiary Service, the systemic
problems that the Public Defender has been pointing out in the reports for years have become even
clearer.
The first and foremost noteworthy in the context of the epidemic is the problem of overcrowding in
penitentiary establishments. The UN Subcommittee on Prevention of Torture called on member states in
April 2020 to reduce prison populations as much as possible and to actively use early release mechanisms,
non-custodial sentences and preventive measures.22 The Public Defender indicated the need for this in
the report following the monitoring visit to the N17 facility in April-May 2020.23 In many countries prison
population reduction measures were implemented in the early stages of the pandemic,24 however, this
process started in Georgia only in 2021, when the Parliament of Georgia adopted the Law of Georgia on
Amnesty as a one-time, temporary and special measure.25 According to this act the amnesty will cover
about 1,00026 prisoners, and the exact number will depend on court rulings, which must also examine the
victims' consent in cases of a number of articles. The Public Defender welcomes the adoption of the
Amnesty Law as a humane act and hopes that the reduction in the number of prisoners will have a positive
impact on the conditions of the inmates in penitentiary establishments. The Public Defender emphasizes
that in addition to the one-time act, it is important to introduce an approach in both the penitentiary
system and criminal justice policy that will activate the mechanisms of early release, non-custodial
sentences and preventive measures.
2.2. The Status of recommendation implementation
The purpose of this subsection is to review the recommendations made in the 2019 report of the National
Preventive Mechanism and the level of their implementation. Information on these issues is further
presented in the relevant thematic subsections.
In the 2019 report of the National Preventive Mechanism the Public Defender of Georgia issued 53
recommendations and 7 proposals for the prevention of ill-treatment in penitentiary establishments. 44
Recommendations of the Subcommittee on Prevention of Torture regarding the Coronavirus Pandemic for States Parties
and National Preventive Mechanisms, paragraph 9 (b). CAT/OP/10, 7 April 2020. Available at:<
https://undocs.org/CAT/OP/10 >, [last visited: 28.01.2021].
23
Follow-up report of the special visit of the Public Defender to the N17 penitentiary establishment. P.14. Available at: <
https://www.ombudsman.ge/res/docs/2020061009033574571.pdf >, [last visited: 29.01.2021].
24 A table of prisoners leaving penitentiaries to prevent Covid-19 in Council of Europe member countries can be found in
the study "Prisons and Prisoners in Europe during a Pandemic Times: an evaluation of the short-term impact of the COVID19 on prison populations", p. 14, available at: < https://bit.ly/3t1U6Bj >, [last visited: 29.01.2021]. For information about the
United States, see: https://www.prisonpolicy.org/virus/virusresponse.html >, [last visited: 29.01.2021]. 22% of the total
number of prisoners in Iranian penitentiary establishments and 30% in Turkey were released.
25 Law of Georgia on Amnesty of January 11, 2021, available at:< https://bit.ly/36oBNML >, [last visited: 29.01.2021].
26 The explanatory note to the Law of Georgia on Amnesty states that the amnesty is expected to apply to 800 prisoners,
with more than 30 articles added to the third reading of the bill, after which the estimated number was increased to 1,000.
Explanatory note to the bill is available at: https://info.parliament.ge/file/1/BillReviewContent/266349? , [last visited
29.01.2021].
22
23
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