the penitentiary system 24 with international standards25 and one proposal was aimed at improving the
contact of convicts of high-risk facilities with the outside world.26
Recommendation to the Government of Georgia
In 2019, the National Preventive Mechanism made a recommendation27 to the Government of Georgia
regarding the introduction of the practice of conducting forensic examination in accordance with the
Istanbul Protocol for the purpose of effective documentation and investigation of torture and illtreatment and the development of a plan by the Government to this end.28 This recommendation has
been endorsed by the Parliament of Georgia and has been reflected in its resolution.29 However, the
recommendation has not been implemented. The letter sent by the Administration of the Government
of Georgia reads that the subject is voluminous and complex, and that a number of measures need to
be taken in order to implement the guidelines set out in the Istanbul Protocol during forensic
examination.
Recommendations to the Ministry of Justice of Georgia
In 2019, the quality of cooperation with the Special Penitentiary Service of the Ministry of Justice of
Georgia was low. Most of the letters sent to the Special Penitentiary Service30 in 2019 were replied late
or were nor replied at all, which significantly hampered data processing and evaluation of
implementation of recommendations. The evaluation of implementation of recommendations
24
1) Record in the Imprisonment Code that the disciplinary action shall be applied only as last resort, at the level
of legislation and practice; introduce conflict prevention, mediation or other alternative dispute resolution
mechanisms; 2) Make amendments to the Imprisonment Code to abolish restrictions on the right to receive and
send personal correspondence and to make phone calls, as well as the prohibition of short visits as a form of
disciplinary sanction; 3) Take all measures to determine the types of disciplinary violations (less serious violation,
serious violation and gross violation) by amending the Imprisonment Code, as well as appropriate penalties for
each type of violation; introduce the rules for disciplinary case proceedings in oral hearing.
25 According to European Prison Rules, disciplinary procedures shall be mechanisms of last resort (Rule 56.1).
According to the Nelson Mandela Rules, prison administrations are encouraged to use, to the extent possible,
conflict prevention, mediation or any other alternative dispute resolution mechanism to prevent disciplinary
offences or to resolve conflicts.
26
Convicts placed in high-risk facilities should be allowed to enjoy video meetings.
27 The Government of Georgia should develop a plan aimed at practical implementation of the guidelines
established by the Istanbul Protocol during forensic examination.
28 For detailed information, see the 2018 Report of the National Preventive Mechanism, p. 29-30.
29 Resolution No. 5003-Is of the Parliament of Georgia on the Report of the Public Defender of Georgia on the
Situation of Human Rights and Freedoms in Georgia in 2018, September 20, 2019.
30 On October 11, 2019, the National Preventive Mechanism sent a letter (No. 03-3/11037) to the Special
Penitentiary Service of the Ministry of Justice, requesting information on the state of implementation of the
recommendations offered in the 2018 Report of the National Preventive Mechanism. A repeated letter (No. 033/13394) on the same issue was sent on 12 December 2019. Nevertheless, no reply had been received to any of
the letters during the reporting period.
24
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