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 According to the European Prison Rules and Standards: “The accommodation provided for prisoners, and in particular all sleeping accommodation, shall respect human dignity and, as far as possible, privacy, and meet the requirements of health and hygiene, due regard being paid to climatic conditions and especially to floor space, cubic content of air, lighting, heating and ventilation”47. In some temporary detention isolators such as in Borjomi, Akhalkalaki, Zestafoni, Tetritskaro, Terjola, Lentekhi and Ambrolauri, there is no heating installed so prisoners are freezing. In most of the isolators there is no sufficient natural light and ventilation; in some of them either there is no window, for instance in the Akhaltsihkhe and Borjomi Temporary Detention Facility, or the window is very small and does not provide natural light and adequate ventilation, for instance in the Chokhatauri, Ozurgeti and Lanchkhuti temporary detention isolators – cell 1; in Samegrelo-Upper (Zemo) Svaneti Regional, Khobi, Zugdidi N1, Senaki, lower Kartli, Tetri Tskaro, Tergola temporary detention isolator cell N 2. Kutaisi, Sagarejo, Telavi, Zestafoni, Chiatura, Khashuri, Gardabani, Dusheti and Tbilisi N 2 in all temporary detention isolators. In certain temporary detention isolators windows are large enough, but the triple layer of metallic cage hinders the inflow of natural light and blocks natural ventilation (Signagi Temporary Detention Isolator). The Zestafoni Temporary Detention Isolator administration clarified that the new Police Station was built, where the Zestafoni Temporary Detentino Isolator was supposed to be built. According to the European Prison Rules and standards, “Prisoners shall have ready access to sanitary facilities that are hygienic and respect privacy”.48 In Georgia’s Temporary Detention Isolators toilets are not separated. The issue of isolating toilet facilities in accordance with established standards was brought up numerous times in Public Defender’s recommendations to the Minister of Internal Affairs, albeit this recommendation is not yet implemented. Apart from Ambrolauri, Tbilisi N1 Temporary Detention Isolator and Batumi Temporary Detention Isolator (a couple of cells), the space allocated to prisoners does not meet the 4 m2 standard. Public Defender in its Parliamentary Reports recommended to ensure such a standard for each inmate. The same was recommended by the European Committee for the Prevention of Torture. As for cells where persons are kept in solitary confinement, cell space should not be less than 7 m2.49 Notwithstanding Public Defender’s recommendation, in some temporary detention isolators such as Akhalkalaki, Tsalka, some cells in Tbilisi N2, or the Lower Kartli Regional isolators, there are no beds and inmates are forced to sleep on wooden planks. There are certain violations from the side of temporary detention isolators, for instance in Ozurgeti, where a hallway is used as walking patio. And this is simply unacceptable. While drafting the present report, according to Decree N 108 of the Minister of Internal Affairs of 1 February 2010 on “Georgia’s Ministry of Internal Affairs Temporary Detention Isolator Bylaw, Isolator Internal Regulation and Isolator Activity Regulation Additional Instruction Approval”, the right to daily walks is given to prisoners who were sentenced to imprisonment for no less than 15 days. 47 48 49 Council of Europe Recommendation Rec (2006) 2 of the Committee of Ministers to Member States on the European Prison Rules, Rule 18.1. Ibid., Rule 19.3. Report to the Georgian Government on the visit to Georgia carried out by the European Commission for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (CPT) 2010, para.117 NPM Report 2012 Public Defender recalls, that for a number of times he issued the recommendation calling for daily walks for a minimum of one hour to be provided to persons detained for more than 24 hours, but in the majority of temporary isolators there is no yard with access to fresh air. Such isolators are those of Dusheti, Tetritskaro, Tsalka, Signagi, Sagarejo, Zestafoni, Terjola, Ambrolauri, Lentekhi, Borjomi, Kobuleti, Zugdidi, Poti, Khobi, Chkorotsku, as well as temporary detention isolators in Samtkskhe-Javakheti, Imereti, Racha-Lechkhumi and Lower Svaneti. It is recommended that prisoners being kept in administrative detention for more than 7 days be allowed to take a walk on the territory adjacent to the temporary detention isolator. Prior to this outdoor activity prisoners are obliged to sign a paper, which warns them about the consequences they will face in case they try to escape.