Due to the importance and scale of the issues referred to in the report on the monitoring visit to
Penitentiary Establishments Nos. 2, 8, 14 and 15, the Public Defender requested that the abovementioned report be discussed at the sitting of the Human Rights and Civil Integration Committee.
On January 21, 2020, at the sitting of the Parliamentary Human Rights and Civil Integration
Committee, the Public Defender of Georgia spoke about the scale and forms of informal governance in
the penitentiary establishments, as well as the issues of health care, overcrowding, lack of staff and
rehabilitation-resocialization. In addition, the Public Defender stressed the necessity of developing a
multi-component strategy to tackle informal governance. Given that the issues mentioned in the report
had drawn the attention of the European Committee for the Prevention of Torture as well, the Public
Defender expressed her hope that the Parliament of Georgia would also exercise effective
parliamentary oversight over these issues.
The second speaker at the committee hearing was the Minister of Justice, who, in response to the
important report of the Public Defender, tried to discredit the latter, denounced the frequency and
professionalism of the visits paid to the penitentiary establishments, and accused the Public Defender
of refusing to defend members of the ruling political party. By blatantly violating the law, the Minister
of Justice showed the committee videos of a confidential meeting between authorized representatives
of the Public Defender and prisoners in the cell and criticized the actions of the representatives of the
Public Defender. By doing so, she tried to discredit the Public Defender and the entire institution,
weaken trust towards them and provoke aggression among radical groups.
On January 22, 2020, the Public Defender addressed the State Inspector and requested that the
lawfulness of the action of the Minister of Justice at the sitting of the Human Rights and Civil
Integration Committee on January 21, 2020 be examined. Two of the videos showed certain episodes
of the visits paid by the Public Defender’s authorized representatives. On the same day, the videos were
uploaded to the official Facebook page of the Ministry of Justice. The faces of Public Defender's
representatives were not blurred and it was easy to identify them. It is noteworthy that the Organic
Law of Georgia on the Public Defender of Georgia prohibits any kind of eavesdropping or surveillance
of a meeting between Public Defender's authorized representatives and prisoners.14
In addition, the rules for carrying out visual and/or electronic surveillance and control in penitentiary
establishments, as well as keeping, deleting and destructing recordings are defined by Order No. 35 of
May 19, 2015 of the Minister of Corrections of Georgia. The order sets forth specific grounds for
archiving video recordings, the relevant procedure, persons responsible for the procedure and the term
of keeping the recordings. Since the video recording showing the meeting between one of the
representatives of the Public Defender and a prisoner does not reveal any illegal action and the purpose
of archiving the video is unclear, the Public Defender considers that the decision of the Ministry to
14
Organic Law on the Public Defender of Georgia, Article 19, part. 3.
14
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