no reply has been received on the situation of implementation of the recommendation. Consequently,
it is impossible to assess the implementation of the recommendation.
In its seventh recommendation, the Public Defender called on the Ministry to make efforts for the
introduction of a mechanism encouraging employment of prisoners, which would reduce the sentence
of the convict employed in the penitentiary facility in accordance with his/her working days. This
recommendation has been endorsed by the Parliament of Georgia and has been reflected in its
resolution. Despite requesting information by the National Preventive Mechanism from the Ministry
of Justice, no reply has been received on the situation of implementation of the recommendation.
Consequently, it is impossible to assess the implementation of the recommendation.
Five recommendations made to the Ministry of Justice of Georgia concerned the material conditions in
the facilities. In particular, in its first recommendation, the Public Defender requested in 2019 that
prisoners be transferred from Establishments Nos. 15 and 2 to another similar type facility for the
purpose of solving the problem of overcrowding and to consider the place of residence of the convicts'
family in this process. This recommendation has not been implemented. In the second
recommendation, the Special Preventive Group requested in 2019 that each prisoner in Establishments
Nos. 2, 8, 14, 15 and 17 be provided with 4 sq.m. of living space and that the “barracks" type buildings
be abolished in Establishment No. 17.41 This recommendation issued by the Public Defender/Special
Preventive Group has not been implemented. The Ministry of Justice said in its response to the 2019
visit report of the European Committee for the Prevention of Torture, as well as in its letter42 sent to
the Public Defender, that it intended to build a new, small facility. It is important for the Public
Defender to have the opportunity to receive information about the Ministry’s concept of small facilities
and to present her opinions. The Public Defender has been emphasizing for years that along with
developing a strategy for dividing the system into relatively small facilities, it was important to direct the
country’s penal policy towards the use of non-custodial measures. The parole system is also characterized
by shortcomings and needs to be improved.
In its third recommendation, the Public Defender requested improvments in the sanitary-hygienic
conditions in Establishments Nos. 2, 5, 8, 14, 15, 17, 18 and 19 so that to provide minimum living
conditions for prisoners, as well as to solve the issue of lighting in Establishments Nos. 3, 8 and 14 and
the issue of ventilation in Establishments Nos. 3, 5, 6, 8, 9, 14, 15 and 17. This recommendation has
been endorsed by the Parliament of Georgia and has been reflected in its resolution. The visits paid by
the Special Preventive Group in 2019 made it clear that the recommendation had not been
implemented in Establishments Nos. 2, 3, 14, 14 and 15. Although we requested information from the
Ministry of Justice relating to other establishments, we have not received a reply from the Ministry on
41
42
For detailed information, see the relevant sub-chapter on physical environment.
Letter No. 371652/01 sent by the Special Penitentiary Service on December 13, 2019.
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