appropriate measures by the doctor in case of physical or verbal resistance of the prisoner requires
additional discussions, for which it expressed readiness.36
In the third recommendation, the Public Defender requested the development of guidelines for the
effective detection and quality documentation of the cases of torture and ill-treatment and to set out
the criteria for selecting suspicious injuries by the doctor when documenting injuries according to the
relevant rule. This recommendation has been endorsed by the Parliament of Georgia and has been
reflected in its resolution. According to the reply of the Special Penitentiary Service of the Ministry of
Justice of Georgia, efforts have been launched for the development of guidelines, which is welcomed
by the Public Defender.37 Nevertheless, the recommendation had not been implemented in the
reporting period.
2 recommendations made to the Ministry of Justice of Georgia concerned the issues of ensuring order
and security in penitentiary facilities. In particular, according to the first recommendation, the Public
Defender called on the Ministry to set the maximum period of placement of a prisoner in the deescalation room at 24 hours, as well as to ensure multidisciplinary work (joint, multidisciplinary work
of a psychologist, psychiatrist, social worker, doctor and other staff) when placing a prisoner in the deescalation room (for reducing and eliminating the risks posed by the prisoner) and to create a safe
environment in the rooms (by covering walls and floors with soft material). This recommendation has
not been implemented. The recommendation has been endorsed by the Parliament of Georgia and has
been reflected in its resolution. The European Committee for the Prevention of Torture also mentions
the use of de-escalation rooms for punishment and requests revision of the relevant regulations.38 The
Ministry of Justice, in its response to the 2019 report of the European Committee for the Prevention of
Torture says that the strategy and action plan developed by the Ministry provides for the revision of
all regulations applied in the penitentiary system in view of international best practices.
In the second recommendation, the Public Defender requested the issuance of a new subordinate
normative act, or an amendment to the regulations of penitentiary facilities, in order to provide for
individual risk assessment (by adhering to the principles of proportionality) during full examination,
as well as to determine the obligation to offer alternatives to full examination (scanner) to a prisoner
and to establish separate procedures for naked examination and internal examination. In addition, the
36
Response of the Government of Georgia to the report of the European Committee for the Prevention of Torture
on its visit to Georgia in 2019, available at: <https://rm.coe.int/168098e29c> [last accessed: 16.01.20].
37 Letter No. 371652/01 sent by the Director General of the Special Penitentiary Service of the Ministry of Justice
of Georgia to the Public Defender's Office on December 13, 2019.
38 Report (CPT/Inf (2019) 16) of the European Committee for the Prevention of Torture on its visit paid to Georgia
on September 10-21, 2018, para. 108, available in English at: <https://rm.coe.int/1680945eca> [last accessed:
15.01.20].
26
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