National Preventive Mechanism Despite the fact that in 2011 Public Defender addressed numerous recommendations to the Chief Prosecutor’s Office of Georgia requesting the launch of investigation, to our knowledge no relevant procedures have been implemented. We express hope that investigation will be more effective and it will promptly react to the facts of ill-treatment and torture. We believe that effective investigation should be conducted in a prompt and effective manner in order to punish those responsible for torture and ill treatment of detainees. Furthermore, the investigation should be independent and effective in order to combat the impunity syndrome. On this background, state authorities should take specific steps to reveal and effectively investigate facts of torture and inhuman treatment. Recommendation for the Chief Prosecutor To personally observe and take under control investigation of all facts of ill-treatment that have taken place at penitentiary establishments and temporary detention isolators in order to ensure smooth conduct of prompt and effective investigation; to ensure implementation of relevant measures aiming timely identification and institution of criminal proceedings against all those responsible; STEPS UNDERTAKEN AT THE PENITENTIARY SYSTEM Following the events of September 18th, 2012, all the directors of the Penitentiary establishments were suspended and new prison governors were appointed. In addition, in a few days, almost all the officers named as abusers by the prisoners were ousted from their positions. Some of them resigned on their own will. Simultaneously, criminal prosecution has been initiated against 20 personnel of Penitentiary department and relevant establishments. On September 20th, 2012, George Tugushi, the former Public Defender of Georgia has been appointed as the Minister of Corrections and Legal Assistance of Georgia. It was followed with a number of positive changes that to some extent was the follow-up of the recommendations issued by Public Defender during past years. For example, prisoners at closed type establishments (Kutaisi N2, Gldani N8 and 18, Rustavi N6) were allowed to purchase TV sets at the prison shop, some meaningless parcel restriction were partially abolished (for example: prohibition on denim), newspapers became available, bed equipment was replaced in some of the establishments where needed, prisoners of the Kutaisi N2, Gldani N8 and N18 Establishments are no longer reluctant to exercise their right to walk in the open air. At the same period, based on the decision adopted by the Prime Minister, the Patrol Police temporarily entered the establishment to assist the prison staff and to avoid the facts of ill-treatment and destabilization in the Establishments where there was an obvious lack of staff. In addition, it should be noted, that the police officers stayed in the penitentiary establishments for about a week. Prisoners accepted this temporary change positively and were not aggressive towards the police officers. The members of the Preventive Group were also interviewing the police officers on daily bases. The police stated that prisoners were not aggressive towards them and they did not encounter any problems while working at the Establishments. Meanwhile, it should be also noted, that majority of new prison governors made contacts with the prisoners quite quickly and effectively which helped to prevent further disorder and destabilization and supported the normal functioning of establishments. Administration of the Ksani N15 and Rustavi N16 establishments were particularly successful in this www.ombudsman.ge NPM Report

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