the conditions of detention in the penitentiary facilities. 27 out of the 38 recommendations have been
endorsed in the resolution of the Parliament of Georgia.20
None of the 6 proposals submitted to the Parliament of Georgia has been implemented. 1
recommendation to the Government of Georgia has not been implemented either.21 2 out of 31
recommendations to the Ministry of Justice of Georgia have been implemented; 2 have been partially
implemented; 18 have not been implemented; we have not received a reply to the letter sent to the
Ministry of Justice of Georgia22 relating to the situation of implementation of recommendations during
the reporting period. Consequently, the implementation of 9 recommendations could not be assessed.
The purpose of this chapter is to review in detail the recommendations offered in the report of the
National Preventive Mechanism and the situation of their implementation. Additional Information on
these issues is given in the relevant thematic chapters.
As in previous years, the situation of implementation of important recommendations developed by the
Special Preventive Group was unsatisfactory in 2019 as well. In many cases, systemic recommendations
issued over the years, which would have a significant impact on the prevention of torture and illtreatment, remain non-implemented. The Special Preventive Group of the Public Defender is ready to
closely work and communicate with relevant state agencies and use its knowledge and expertise in
order to make it possible to develop a human rights-based penitentiary system.
Proposals to the Parliament of Georgia
None of the 6 proposals submitted by the National Preventive Mechanism to the Parliament of Georgia
was implemented in 2019. 2 of the proposals addressed the issue of equal conditions and rights for the
untried and convicted persons.23 3 proposals concerned the compliance of disciplinary proceedings in
20
Resolution No. 5003-Is of the Parliament of Georgia on the Situation of Human Rights and Freedoms in Georgia
in 2018, September 20, 2019.
21 Letter GOV 0 19 00053402 of the Administration of the Government of Georgia, December 26, 2019.
22 On October 11, 2019, the National Preventive Mechanism sent letter No. 03-3/11037 to the Special Penitentiary
Service of the Ministry of Justice, requesting information on the implementation of recommendations offered in
the 2018 Report of the National Preventive Mechanism. A repeated letter (No. 03-3/13394) on the same issue was
sent on 12 December 2019. Nevertheless, no reply had been received to any of these letters during the reporting
period.
23 1) Define at the legislative level the obligation to provide a minimum living space of 4 sq.m. for defendants, like
convicts; 2) Grant defendants the right to long visits, taking into account the interests of the investigation.
23
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