National Preventive Mechanism
met and interviewed Kakhaber M, who is in administrative detention in the Gardabani Temporary Detention Isolator.
All of them stated that in the temporary detention facility their rights were severely breached.
Giorgi J. was proscribed administrative detention of 60 days and nights in the N 2 Temporary Detention Isolator. The
prisoner said that he did not have the ability to enjoy the rights enshrined by legislation in force, and namely: he could
not receive visits, use the telephone, walk in the fresh air, shower and have basic toiletries and hygienic kit, nor was he
allowed to read newspapers and religious literature.
Giorgi N. was kept in detention in N 2 Temporary Detention Isolator for 59 days and nights from 20 August 2012
onwards. He also did not have the ability to enjoy the rights enshrined in the law for persons under administrative
detention.
Vakhatang S. was in the N 2 Temporary Detention Isolator from 20 August 2012 onwards. He stated that he was not
given the right to walk in the fresh air, call, shower or have meetings. He also stated that he did not have basic toiletries
and a hygienic kit, and that the parcel his family had sent him was not fully handed over to him. According to him, all
these restrictions were due to his political views.
According to Kakhaber M., he did not have the right to receive visits and to telephone, was not provided with basic
toiletries and a hygienic kit, did not have toilet paper and could not shower.
The prisoner stated that only on 31 August 2012 was he given the right to walk in fresh air, and even then just for ten
minutes. In addition to this, the prisoner said that the Gardabani Temporary Detention Isolator administration did not
give him the right to appeal to Public Defender. Hence, Kakhaber M. went on hunger strike, asked for a doctor and
adequate medical supervision. Nevertheless, his requests were not satisfied.
The European Committee for the Prevention of Torture and Inhuman Treatment or Punishment (CPT/Inf (92) 3)
stated, that all prisoners, without exception, need to be allowed to walk in the fresh air, as well as have regular access
to showering and toilet facilities. It is also very important for prisoners to maintain contact with the outside world. It is
of outmost importance that the prisoner is given the ability to maintain contact with his family and close friends. The
guiding principle should be formed as fostering contact with the outside world. Limitations of such a contact should
be based on specific security concerns or imposed due to insufficient funds. The CPT attributes great importance to
inspection, monitoring and complaint mechanisms, which according to CPT are basic guarantees against torture and
inhumane treatment: “Prisoners should have avenues of complaint open to them both within and outside the context
of the prison system, including the possibility to have confidential access to an appropriate authority.”46
On this background, on 4 September 2012 Public Defender addressed the Minister of Internal Affairs with
recommendation, requesting hin without further delay and promptly, ensure that those in administrative detention had
full enjoyment of the rights guaranteed under national legislation. Public Defender also called upon the Minister to
study all violations, as well as to take necessary measures for remedying .
Pursuant to reply N1234473 from the Ministry of Internal Affairs, Kakhaber M. did not express his wish to contact
Public Defender, until 1 September 2012 he declined to enjoy his right for daily walks, was taking showers according to
the law, and on 5 September 2012 he used his right to receive a visit. With further correspondence N1234502 received
from the Ministry of Internal Affairs, the persons whose cases were described availed themselves of the right to visits
on 13 September 2012.
LIVING CONDITIONS IN THE TEMPORARY DETENTION ISOLATORS
We think, that in the temporary isolator the living conditions should be in accordance not only with internal, but also
with international standards.
46
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT ), The CPT
Standards, para. 54
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