As one of the main purposes of the Public Defender/Special Preventive Group’s monitoring visits is to
interview detainees, analyze information received from them and then reflect this information in the
report, the Public Defender/members of Special Preventive Group make special efforts during each
monitoring visit to ensure that the prisoners interviewed by them are not identified and subjected to
repression. To this end, during monitoring, members of the Special Preventive Group try to talk to as
many prisoners as possible in order to make it impossible for others to know which prisoner provided
particular information to them. The reports also describe facts so that to make it impossible to identify
specific prisoners.
The fact that the state agencies register the prisoners, who had a meeting with the Public
Defender/members of the Special Preventive Group and especially the disclosure of such facts make it
easier for others to know which prisoners provided information described in the report of the Public
Defender/National Preventive Mechanism, putting prisoners, as well as their family members and
relatives, at great risk. Prisoners may be abused by other prisoners, or repressed by the prison
administration and other state agencies, while their family members may be repressed by the state
agencies and third parties.
In addition, the breach of confidentiality by the Ministry of Justice sends a clear message to the
thousands of inmates in the penitentiary establishments, who trust the ombudsman’s institution, that
the Ministry can identify them anytime, which may force them to refrain from talking to the Public
Defender/members of the Special Preventive Group in the future.
The above-mentioned cases were termed as interference with the activities of the Public Defender by
the UN Special Rapporteur on the Situation of Human Rights Defenders, European Network of
National Human Rights Institutions (ENNHRI), Global Alliance of National Human Rights Institutions
(GANHRI), International Ombudsman Institute (IOI) and European Network of Equality Bodies
(EQUINET).15
Cooperation with the Ministry of Internal Affairs
We welcome the practice of timely provision of various data by the Ministry of Internal Affairs. The
readiness of the Ministry to conduct a constructive dialogue with the Public Defender's Office/National
Preventive Mechanism should be welcomed. In 2019, the staff of the National Preventive Mechanism
(Department) attended a meeting in Borjomi, the theme of which was the implementation of the
recommendations issued by the Public Defender to the Ministry of Internal Affairs. In addition to the
above, the Public Defender had a number of telephone communications with representatives of the
Ministry of Internal Affairs in the reporting period.
15
Available at: < https://bit.ly/3cs1eyF > [last accessed: 29.01.20].
17
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