National Preventive Mechanism PLACEMENT OF PRISONERS In pursuance of the paragraph 3 of the article 46 the Imprisonment Code, “a convict shall serve his/her sentence in a custodial establishment located in the nearest proximity to the place of residence of his/her family members or a person with whom he/she lived, except for the cases, when the aforementioned deems impossible by reason of overcrowding of the establishment concerned. In exceptional cases a convict may be transferred to other custodial establishment due to his/her health status, personal security or/and with his/her consent”. Public Defender often receives statements from convicts and their family members who ask for help in placement of convicts in establishments in the nearest proximity to the place of their residence. There are many cases when convicts that reside in Eastern Georgia are placed in an establishment located in Western Georgia and vice versa. Recently, several appeals of Public Defender’s Office were met and convicts were transferred to the establishment in close proximity to their place of residence or to a type of establishment specified for him/her in the order. It will be desirable if the Ministry of Corrections would take greater care when following the norm defined in the paragraph 3 of the article 46 of the Imprisonment Code. Public Defender has frequently stressed negative effects of long-term placement of a person in a closed-type regime establishment. The recommendation of the European Committee for the Prevention of Torture (CPT) also states that “the placement of a prisoner in such a regime is for as short a period as possible and is reviewed at least every three months”.30 The above problem is especially acute in establishments N7 and Rustavi N6 where for years convicts have been placed so that they were not given opportunity to be transferred to semi-open establishments. We do not even mention those sentenced to life-imprisonment who has been given their sentence term, are compelled to serve their entire sentence in the close establishment. During monitoring it was revealed that Gldani N8 and Kutaisi N2 establishment held prisoners that according to the order of the chairman of the penitentiary department were assigned to serve their sentences in semi-open establishments. Suggestion to Georgian Parliament: To introduce relevant amendments into Georgian Imprisonment Code in order to define serving sentence in a closed-type establishment as a social measure and to be used individually, taking into account personality of a prisoner. Recommendation to the Minister of Corrections, Probation and Legal Aid of Georgia: To ensure opening of a special, semi-open type establishment for convicts with life sentenced as well as for prisoners of special category (e.i. so-called thieves in laws and authorities). Recommendation to the Chairman of the penitentiary department: During admission of a prisoner into an establishment to take into consideration the place of residence of his/ her or his/her relatives; To ensure placement of a prisoner in a penal establishment that is defined for him by the law. 30 parag.132 www.ombudsman.ge NPM Report