Situation at Penitentiary Establishments
As a result of the monitoring conducted in summer 2012, it became apparent, that inmates were provided with bedding
only on admission to the establishment. The bedding was systematically changed only in N8 establishment if an inmate
wished so. Majority of inmates noted that they preferred to wash bedding that was purchased on their own money since
after washing, administration did not guarantee return of the same bedding to them. It shall be noted that during the
monitoring in winter, it was noted that bedding was distributed by the administration in most of the establishments.
EXERCISING THE RIGHT TO BE IN A FRESH AIR
According to the subparagraph “g” of the article 14 of the Imprisonment Code, accused/convict “shall enjoy the right
to walk on the fresh air at least one hour a day”.
Despite the duration being defined by the Imprisonment Code the summer monitoring revealed that walk in Zugdidi
N4 establishment lasted for about half an hour, while in Gldani N8 establishment – 20-25 minutes, in N7 establishment
– 25-30 minutes,21 and in Batumi N3 establishment – 10-15 minutes.
The above problem in the establishments has been tackled following October, 2012.
Public Defender in his many parliamentary reports issued recommendation on ensuring the right of prisoners to daily
walk in all closed-type regime establishments, including, Saturdays and Sundays which has not been followed yet in N3,
N7, N8, N18 medical establishments. Prisoners in Zugdidi N4 establishment are allowed to walk on fresh air every day
except Sunday.
The European Committee for the Prevention of Torture (CPT) recommends ensuring that both categories of prisoner
are able to spend a reasonable part of the day (8 hours or more) outside their cells, engaged in relevant activity of
various nature while convicts placed in maximum security regime - for at least one hour every day.22
No exercise yards in penal and closed-type establishments are equipped suitably so that prisoners could spend a time
assigned for walking standing and sometimes this was a reason that they refused to for a walk or return before the
time to their cells. Prisoners placed in N18 medical establishments for defendants and convicts often complain that
they cannot exercise the right to walk due to poorly equipped yards. Namely, according to several prisoners they have
difficulties with standing and due to a fact that there is no bench in a yard they refrain from going out for a walk. It is a
problem for prisoners to be on a fresh air on rainy or hot days since some of the yards practically had no shelter from
rain and sun rays.
Recommendation to the Chairman of the Penitentiary Department:
To ensure ability to have a bath or shower twice a week for prisoners in all penitentiary
establishments;
To ensure possibility for prisoners in all closed-type penitentiary establishments to take outdoor
exercise for at least one hour every day, including at weekends;
To provide installment of exercise equipment and benches in exercise yards and their equipment
in accordance with different climate conditions.
21
22
Exception is inmates that are placed alone in cells. They are given the right to one hour exercise;
Visit to Georgia carried out on February 5-15, 2010 (parag. 82);
NPM Report
2012
Despite numerous recommendations of Public Defender, the above mentioned problem in exercise yards remain
unresolved.
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