The Special Preventive Group believes that once an alleged case of torture and other cruel, inhuman or degrading treatment is identified, documented and reported to an independent investigative body, it is essential to conduct a forensic examination in accordance with the Istanbul Protocol to ensure an effective investigation. It should be noted that the written findings of the forensic examination conducted by the Levan Samkharauli National Forensics Bureau relating to the allegations of torture and inhuman or degrading treatment do not comply with the requirements of Chapters V or VI of the Istanbul Protocol or Annex 1 to the Istanbul Protocol (the principles of effective investigation and documentation of torture and other cruel, inhuman or degrading treatment).84 2.4. Administration of a protected, safe and orderly penitentiary establishment Overcrowding In terms of overcrowding, it is worth noting that there are more prisoners85 in the facilities than defined by Order No. 106 of the Minister of Corrections of Georgia of 27 August 2015, while the number of the staff of the Legal Regime and Security Department86 is not sufficient to ensure a protected, safe and orderly environment. The European Committee for the Prevention of Torture believes that the main guarantee for order and safety in the penitentiary facility shall be prison staff that properly exercises supervision.87 The Special Preventive Group considers that no proper supervision is provided in the facilities due to the issues of overcrowding and the lack of staff. Due to the lack of staff,88 the safety of both prisoners and staff is at risk. There are cases when one officer is not able to defuse a conflict between prisoners in time, because he has to wait for the assistance from his colleague for a long time. Delay may pose a real threat to the health or life of prisoners. Inter-prisoner violence in closed institutions is mainly caused by the growing number of prisoners and overcrowding, as a result of which, prisoners of different categories and views have to live in one and the same cell. When allocating prisoners to cells, the full attention of the administration is focused on 84 2018 Report of the National Preventive Mechanism, p. 29-30. The issue of overcrowding is particularly acute in Establishment No. 15, where the number of prisoners during the visit exceeded the established limit (1,388) by 512, while in Establishment No. 2, where the limit is -1068, there were 1,080 prisoners during the visit. 86 For example, according to letter No. 247826/25 received from Establishment No. 8 on August 20, 2019, 1-2 legal regime officers are on duty in each wing of the residential buildings, where 60 to 190 prisoners are accommodated. 87 An extract from the 11th General Report (CPT/Inf (2001)16) of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), available at: <https://rm.coe.int/16806cd1fd> [last accessed: 02.10.2019]. 88 In the European region, on average, there were about three inmates per member of custodial staff in 2013 (excluding health and other staff). The ratios ranged from 2.9 prisoners per guard in Scotland to 12.9 in the Slovak Republic.14, Penal Reform International, Global Prison Trends 2016, pages 2-3, available at: <https://bit.ly/2xgEYYe> [last accessed: 17.02. 2020]. 85 44

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