National Preventive Mechanism
According to the article 37 of the United Nations Convention on the Rights of the Child, the convention member state
undertake to ensure that no child falls victim of torture, cruel, inhuman and degrading treatment or punishment. The
article 19 of the convention states that Governments must do all they can to ensure that children are protected from all
forms of violence, abuse, neglect and mistreatment.
Therefore these two norms of the child rights convention defines margins of state obligations with the view of children
protection from violence and ill-treatment and is based on the necessity of protection of legal interests and rights of
the child.
According to the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, Member States
shall seek, in conformity with their respective general interests, to further the well-being of the juvenile and her or his
family (rule 1.1).
We believe that for normal functioning of the penitentiary system, return of convicts as fully fledged members of
the society and application of a prison sentence towards a criminal to take effect, alongside other components special
importance shall be attached to personnel of a penitentiary establishment, their professionalism, personal qualities and
attitude toward persons deprived of liberty.
On August 14th, 2012 Public Defender appealed with a request to Georgia’s Chief Prosecutor’s Office and demanded a
launch of a preliminary investigation into the above-mentioned facts described in statements of juveniles.
On August 31st, 2012 through N13/36601 official reply, we were informed that in the anti-corruption department of
the Chief Prosecutor’s Office of Georgia an investigation was launched pursuant to the paragraph 1 of the article 378
of the Penal Code of Georgia on the fact of interference and disorganization of activities of N11 juvenile special
establishment. According to the same reply a possible fact of violations on behalf of representatives of the penitentiary
department would have been studied within the framework of the above-mentioned criminal case; Also, on August 21st,
2012 11 juveniles were sentenced pursuant to the first paragraph of article 378 of the Penal Code of Georgia and, the
sub-paragraph “g” of the article 4, the paragraph 5, the paragraph 2 of the article 187 and by the court decision of
the judge of criminal panel of Tbilisi city court was given the sentence in the form of a prison sentence. 10 accused
person confessed to a crime.
Penitentiary establishment No 15 in Ksani
Convicts placed in Ksani N15 establishment have applied to Public Defender numerous time, citing beatings and
inhuman treatment, with even collective complaints in several cases. But no recommendation of Public Defender was
followed by an adequate reaction from investigative bodies. Instead, in response to information received from the Chief
Prosecutor’s office, the administration of the establishment conducted “negotiations” with inmates and in exchange of
various promises or threats made them retract their complaint, while particularly disobedient inmates were transferred
to closed-type establishments. It shall be noted that for years the Preventive Group paid particular attention to N15
establishment. Inmates incarcerated in the closed part of the above establishment addressed numerous complaints and
statements to Public Defender. As a rule, convicts’ complaints referred to physical requital but also there were cases
when they complained about degrading and humiliating treatment on the part of the establishment personnel.
Collective statement of convicts placed in a new building of establishment N15 in Ksani
On June 22, 2012 representatives of Public Defender met several hundreds of inmates of the Ksani establishment
who talked about facts of violation of their rights. The convicts said that verbal abuse and beating with truncheons
and kicking were often used towards them. The most frequent abuse and degrading treatment were exercised upon
admission into the establishment and before placing in a solitary cell, illegal methods were frequently used even in case
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NPM Report