National Preventive Mechanism The convicts declared, that Otar Trapaidze, chief doctor of the Establishment N19 was not fulfilling his duties and responsibilities – in more details, he would not take any care of the state of the patients, would not recommend the persons with critical health problems to go through forensic expertise in order to postpone the sentence, or release them from the sentence on purpose. When prisoner was undergoing the forensic expertise at his own expense, Mr. Trapaidze was persuading the court that he managed to treat the prisoner at the Establishment N19. The statement listed the names of 9 convicts who died in the penitentiary system as a result of similar negligence and it was noted that this list was not comprehensive. In addition, convicts in the Establishment N19 were stating, that the food has become cinsiderably worse recently. Prisoners were not provided with the food containing relevant calories, diet and diabetic ingredients. This gap was filled with the products received by the patients through personal parcels, though recently they werw not in position to receive additional food products any more. These products could not have been purchased at the shop either. In addition, they were not allowed to receive warm clothes via parcels and this was clearly visible during the interviews taking place at the Establishment yard. The convicts expressed their dissatisfaction on the poor living and hygiene conditions that had a negative impact on their health. The convicts handed the collective letter to the representatives of Public Defender signed by 507 prisoners. The National Preventive Mechanism of Public Defender addressed the Ministry of Corrections, Probation and Legal Assistance with the request to study the facts outlined in the statement of the TB prisoners and provide due and relevant response. Penitentiary establishment No12 On September 28th, 2012 the representative of Public Defender visited and interviewed the convict Irakli Kereselidze in the Establishment N12. The explanatory note handed to Public Defender representative by Mr. Kereselidze describes the facts of beating and pressure inflicted against him by Gocha Baghatrishvili, the director of the Establishment N 12. The prisoner outlined, that on September 22nd, 2012 he addressed Gocha Baghatrishvili, director of the Establishment N 12 with in a written manner that made the director angry. As a result, the director assaulted him verbally and physically in his own office and threatened to “make him eat the papers and prolong his sentence” if he would dare to write another letter. On October 2nd, 2012 we addressed the Prosecutor’s Office and the Ministry of Corrections, Probation and Legal Assistance on the abovementioned fact with a letter N 3836/03-5/1864-12. On October 12th, 2012 Public Defender’s Office received a letter N13/41917 from the Prosecutor’s Office notifying, that Tbilisi Isani-Samgori district Prosecutor’s office has initiated an investigation on the criminal case N 004091012801 on 9 October, 2012. The investigation was launched on the case of exceeding power by the employee of the Establishment N 12 and committing of a crime envisaged under the subparagraph “b”, part 3 of the Article 333 of the Penal Code of Georgia. Investigation on the case is pending. A special visit was paid to the same Establishment on October 22nd, 2012 on the fact that the convict Sergo Merabishvili climbed to the roof of the establishment and was threatening to jump from there unless he was given the chance to meet with Public Defender, members of the Monitoring group and other NGOs. After arrival of Public Defender representatives, the convict left the roof and had a normal conversation with them. According to the convict, he climbed the roof after being subjected to pressure and threatening by establishment director. S. Merabishvili declared that the purpose of the pressure was to force the convict Irakli Kereselidze stop complaining. During the same conversation, S. Merabishvili declared, that former high-rank officials of the Penitentiary Department, www.ombudsman.ge NPM Report

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