Situation at Penitentiary Establishments
A question of the monitoring group why the order of the prison director on their placement in solitary confinement
cells was not appealed was answered in similar manner by all prisoners - that in their opinion appeals was meaningless.
We should herewith state that the real figure of prisoners penalized in the reporting period was even higher than in
several other establishments, e.g. in the Gldani establishment N8 and Kutaisi establishment N2 unofficial and illegal
mechanisms of punishment of prisoners were in place (for example, placement in a quarantine unit or so-called box),
that were used in cases when the administration, for various reasons, did not want to give even formal grounds for the
punishment. Also, use of methods of collective punishment was registered in penitentiary establishments N15 and
N16.
Neither national legislation nor international standards allow collective punishment. The European Committee for the
Prevention of Torture and Inhuman and Degrading Treatment ort Punishment (CPT) stressed in its 2010 report on
Georgia with regards to the Georgian authorities that “any form of collective punishment is unacceptable”.
Penitentiary establishment No 15
On June 29th, 2012 representatives of Public Defender visited the new block of establishment N15 where it became
known that the administration deprived prisoners placed there of TV sets, ventilators, items of hygiene and basins.
According to convicts, the above retractions were caused by collective complaint written several days before in the
name of Public Defender (see above “ill-treatment”), that described ill-treatment exercised against them and the grave
situation at the establishment. Though majority of the convicts refrained from citing the reason for removal of things.
Part of them explained that the reason for not having TV sets was that high voltage electricity rendered TV sets out of
order while they could not find an answer to not having of personal hygiene items and basins.
Penitentiary establishment No 16
On June 27th representatives of Public Defender visited establishment N16 during which they found out that from June
23rd, 2012 various rights of convicts placed in blocks A and B of the establishment N16 were restricted, including right
of free movement on the territory of the establishment (they were in cells and could not go out in the establishment
yard), right to use a telephone and visits. TV sets had been removed from every cell and convicts could only purchase
cigarettes, matches and personal hygiene items.
On June 29, 2012 the Preventive Group carried out another visit in the Rustavi establishment N16 again, during which
it was revealed that starting from the morning convicts could go to the establishment yard and use the establishment
shop, though they did not have TV sets and telephones in the establishment were out of order. Also, they could not
have visits. But the aforementioned restrictions also were removed several days later.
Despite the fact that the preventive Group witnessed the above-mentioned situation on the place on July 13th, 2012
Public Defender’s Office received an absolutely inadequate response where it was stated that allegedly the administrative
control department of the headquarters of the penitentiary department had examined facts stated in the letter and
“decided“ that the convicts exercised rights they were entitled under legislation in force. According to the same
response, “disciplinary measures against convicts are exercised individually, in accordance with legislation in force”.
NPM Report
2012
In conversations with convicts and the administration it became apparent that restrictions applied to all convicts placed
in blocks A and B. According to the verbal statement of the administration, restrictions were caused by ongoing
security measures, but the conducted monitoring revealed that the restrictions had the nature of collective punishment.
Based on the above, on June 28th, 2012 Public Defender’s Office addressed a letter to the chairman of the penitentiary
department and demanded information on the reasons and duration of this form of punishment. Also, we have
demanded acts setting the aforementioned restrictions.
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