National Preventive Mechanism to the convicts, after appointment of the new director, the old staff distinguished with special cruelty during the governance of Vaja Tskvediani, started to appear again. On October 31st, 2012 information about beaten prisoners was disseminated, though the convicts did not confirm such case with the representatives of Public Defender. The convicts were declaring to refuse to use the rights of visits as a form of protest. Also, they clearly stated that there has not been any disagreement among prisoners and information about the alleged confrontation between the convicts of the Establishment N16 was false. By the time of monitoring, there were 5 prisoners on hunger strike. Two of them were protesting against being placed in the solitary confinement cell and remaining 3 were protesting against their cellmates being placed in the solitary confinement cell. National Preventive Mechanism of Public Defender recommended the Minister of Corrections, Probation and Legal Assistance to carry out the detailed study of the abovementioned facts and make relevant decisions. In addition, the statement of the prisoners was sent to the Chief Prosecutor’s office for follow-up. Based on the reply of the Ministry of Corrections, Probation and Legal Assistance received on November 16th, Levan Aburjania, the director was suspended from the given position on 2 November. In general, as a result of the events taking place in September, in some of the establishments certain convicts tried to abuse the bit lenient regime. Number of self-injuries with different demands on behalf of prisoners has increased. Majority of the demands related tomedical service that continues to be a problem in the penitentiary system. Number of cases of insult of the medical staff by prisoners has also increased and as a result almost all the doctors in the Rustavi Establishment N6 refused to work in those conditions and resigned from their positions. The situation was critical. Also, on October 23rd, 2012 a collective statement was received at Public Defender’s Office that was signed by medical personnel of the establishment N18. The statement stated that inmates were calling them executioners and murderers. The same statement said that there were numerous facts of prisoners threatening doctors with inflicting wounds. Prisoners self-harmed themselves and demanded high doses of psychotropic and sleeping drugs to be prescribed, otherwise they threatened with self harm. APPLICATION OF DISCIPLINARY SENTENCES AND ADMINISTRATIVE SANCTIONS During the monitoring of 2012 procedures of application of disciplinary sentences and administrative sanctions and regularity in different penitentiary institutions was examined. According to the European Prison Rules, “Disciplinary procedures shall be mechanisms of last resort”.9 “Whenever possible, prison authorities shall use mechanisms of restoration and mediation to resolve disputes with and among prisoners”.10 “The severity of any punishment shall be proportionate to the offence”.11 ”Collective punishments and corporal punishment, punishment by placing in a dark cell, and all other forms of inhuman or degrading punishment shall be prohibited.12 “Punishment shall not include a total prohibition on family contact”.13 According to information received from the Penitentiary Department of Ministry of Corrections, Probation and Legal Assistance of Georgia, for the period from January 1st, 2012 to December 31st, 2012 administrative sentence was applied to 13 prisoners in the penal establishments, out of which only 1 prisoner appealed against the application of the disciplinary sentence. For the period from January 1st, 2012 to June 30th, 2012, 1709 prisoners were placed in solitary confinement cells, and only 1 prisoner out of those appealed against the decision. From July 1st, 2012 to December 31st, 2012, 921 prisoners were placed in solitary confinement cells – only one appeal took place was instituted.14 9 10 11 12 13 14 Rule 56.1 Rule 56.2 Rule 60.2 Rule 60.3 Rule 60.4 Letters N10/8/2-8847 dated July 29, 2013; 10/8/2-12485 dated October 31, 2012 and N11076/10 dated February 12, 2013. www.ombudsman.ge NPM Report