addition to the above, the monitoring revealed that, apart from de-escalation rooms,51 there is a
tendency of placing detainees in solitary confinement (so-called safe) cells for a long of time,52 for the
purpose of punishment.
Duration and continuity: The Public Defender has repeatedly recommended in recent years53 to set 24
hours as a maximum period for placing a prisoner in the de-escalation room, but unfortunately, this
recommendation has not been implemented.54
As in previous years, this practice still continues and prisoners are placed in the de-escalation rooms of
Penitentiary Establishment No. 3 and in the de-escalation rooms and solitary confinement (so-called
safe) cells of Penitentiary Establishment No. 8 for a long time, virtually without intervals. As the visit
revealed, prisoners are mostly placed in the de-escalation rooms and solitary confinement (so-called
safe) cells for a maximum term (72 hours in case of the de-escalation room and 24 hours in case of the
solitary confinement (so-called safe) cell). In addition, one and the same prisoner may be placed in
these rooms/cells at intervals of minutes and hours, which may be considered a continuous placement.
For example, in Penitentiary Establishment No. 3, one of the prisoners was transferred to the deescalation room at intervals of a few minutes and hours 11 times. The prisoner spent a total of 17 days
in the de-escalation room during the mentioned period. In addition, prisoners were isolated in the deescalation rooms and solitary confinement cells of Penitentiary Establishment No. 8 for more than 5
days in 34 cases, for more than 10 days - in 14 cases, for more than 15 days - in 6 cases, for more than
20 days - in 4 cases, namely for 22, 26, 36 and 48 days. It should be noted that in the above cases, the
mentioned measures were sometimes applied to one and the same prisoners. The placement of a
prisoner in the de-escalation room for a long time contradicts the standards of the European Committee
51
The de-escalation room is a standard empty cell with the cement floor and poorly painted, dirty walls. There is
a solid leather mattress on the floor; the room has a little dirty window that cannot provide natural light; there
is a lack of air in the room and the smell of dampness. In addition, the toilet is covered by the surveillance camera.
52 Article 57 (d) of the Imprisonment Code provides for the placement of a prisoner in a solitary confinement cell
for no more than 24 hours as one of the security measures. The mentioned cell is equipped with an electronic
surveillance system, a non-fragile washbasin and a toilet seat, which is why it is called a safe cell.
53
2015
Report
of
the
National
Preventive
Mechanism,
p.
50.
available
at:
<http://www.ombudsman.ge/res/docs/2019040513192545317.pdf>, [last accessed: 17.02.2020].
2016
Report
of
the
National
Preventive
Mechanism,
p.
55.
available
at:
<http://www.ombudsman.ge/res/docs/2019040513214458561.pdf>, [last accessed: 17.02.2020].
2017
Report
of
the
National
Preventive
Mechanism,
p.
22.
available
at:
<http://www.ombudsman.ge/res/docs/2019040513262313034.pdf>, [last accessed: 17.02.2020].
2018
Report
of
the
National
Preventive
Mechanism,
p.
54.
available
at:<http://www.ombudsman.ge/res/docs/2020011615511256803.pdf> [last accessed: 16.01.2020]. Report (CPT/Inf
(2019)16) of the European Committee for the Prevention of Torture on the visit paid to Georgia on September
10-21, 2018, para. 94, available in English at: <https://rm.coe.int/1680945eca> [last accessed: 07.02.2020].
54 It should be noted that the statutes of penitentiary establishments stipulate only the duration of placement of
a person in the de-escalation room (72 hours), while the frequency of placement of a person in the de-escalation
room is not limited. This makes it possible to place a person in the de-escalation room indefinitely, by repeatedly
transferring him to the room, without intervals.
34
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