Temporary Detention Isolator (TDI) under the subordination of Human Rights Protection and Monitoring Main Division of the Administration of the Ministry of Internal Affairs of Georgia In addition to this, the committee states that the presence of detention facility staff will hinder the person to speak freely about the cause of his or her injuries. Thus, the CPT recommends that a prisoner’s physical examination should be conducted by a qualified doctor, as well as the confidentiality of medical data protected. In case the person has suffered injuries and there is evidence of inappropriate treatment, he or she must promptly undergo a forensic medical examination by an independent doctor who will assess the claim of the person on the nature of the injuries suffered45. ADMINISTRATIVE DETENTION Pursuant to the Minister of Internal Affairs Decree N1074 of 28 December 2011 concerning “Georgia’s Ministry of Internal Affairs Temporary Detention Isolator Regulation, Isolator bylaw and Isolator activity regulatory additional instruction”, and according to the Ministry of Internal Affairs Decree N 108 of 1 February2010, the conditions of administrative detention are spelled out: A person who is in administrative detention should not be allocated less then 3 m2, the administrative detention facility has to have a window that fully lets in the daylight and provides for proper ventilation, the room where the prisoner is kept ought to be heated according to the seasons, the prisoner has to be provided with an adequate sleeping kit (sheets, pillows and blankets) and a bed, and he or she must receive parcels, food and clothes. For those persons who have been prescribed administrative detention for more than 7 days – or, in case of minors, more than one day – shower facilities have to be available twice a week, and the right to one hour of walks per day also has to be ensured. In facilities that do not have an outdoor walking space, prisoners can take their daily walks near the ministry of internal affairs administrative body or on its adjacent territory. Also, detained persons aught to have full access (24/7) to toilet and shower facilities with adequate sanitary conditions. Prisoner’s toilet facilities and compartments aught to be equipped with adequate sanitary equipment. If the person is in administrative detention for more than 30 days, he or she has to be allowed access to a hairdresser. The administration of the temporary detention facility is prohibited to order a prisoner to completely shave his head. Should such a case arise, a doctor’s agreement is needed or it must be due to hygienic reasons. Those persons that were proscribed 30 days of administrative detention – or, in case of minors, more than 15 days – have the right to two visits a month, and one 10 minute phone conversation per month. Person in administrative detention have to be given the possibility, at their own expenses, to receive reading material, journals and news papers, and to send complaints or letters. According to both the decree and the established rules of the Ministry of Education and Science, a person in administrative detention has the right to register as a student for national exams providing his or her request in writing. In addition to this, a person in administrative detention needs to be encouraged and all favourable conditions aught to be made so that he or she does not lag behind in the programme of the general education system. During the preparation phase of the present report, Public Defender’s representatives have identified number of violations in connection with administrative detention facilities and detention conditions. Hence, Public Defender’s group has issued recommendations to the Minister of Internal Affairs of Georgia. The Cases of Giorgi J., Giorgi N., Vakhtang S. and Kakhaber M. On 31 August 2012, Public Defender’s Prevention and Monitoring Department met and interviewed persons in administrative detention in the Tbilisi N 2 Temporary Detention Facility: Giorgi J., Giorgi N., Vakhtang S. They also 45 para. 23 NPM Report 2012 Public Defender, in a number of parliamentary reports and statements, has stated that the infrastructure in temporary detention isolators is simply not adequate to serve the needs of persons placed there. For this reason, Public Defender has issued recommendations to the Government of Georgia to build and set up special facilities for persons in administrative detention, throughout the regions of Georgia, that would serve as a long-term housing facility as well. To this date, Public Defender’s recommendation has not been adhered to and persons in administrative detention are continued to be put in temporary detention isolators.

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