Situation during visit
(See: E/CN.4/2006/6/Add.3)
(n) Confinement in detention Severe overcrowding; very poor
not exceed the official
conditions.
capacity (l); Existing
institutions be refurbished to
meet basic minimum
standards (m); and new
remand centres be built with
sufficient accommodation for
the anticipated population to
the extent that the use of noncustodial measures will not
eliminate the overcrowding
problem.
Financial resources allocated have
drastically increased and considerable
refurbishment programs are underway,
funded from the State budget;
The outsourcing of food provision has
already produced tangible results and
allows providing special diets for those
prisoners who need it.
Many prison facilities underwent
substantial reconstruction to bring them in
line with international standards and the
Action Plan for the Reform of the
Penitentiary System for 2007-2010
Information received in the reporting
period
CPC does not have any provision similar
to the Art 159 of the old CPC.
According to Art 205 of the current CPC,
detention, as a preventive measure can be
used exclusively in cases where it is the
only means: a) to prevent risk of
absconding and obstruction of justice by
the defendant; b) to prevent obstruction in
obtaining evidence; c) to prevent further
commission of a crime by the defendant .
Similar approach is guaranteed under Art
198 of the CPC. Although there are six
forms of restrictive measures envisaged
under Art 199 of the new CPC, reportedly,
according to the statistical data of the
Supreme Court of Georgia, the percentage
of using restrictive measure other than bail
and detention has been less than 2 % in
2009, and less than 1 % in 2010, in
comparison to 47.3 % bail and 51.1 %
detention in 2009, and 45.1 % bail and
54,2 % detention in 2010.
Government: Penitentiary Reform
Strategy as well as Concept on Addressing
Prison Overcrowding stresses importance
to increase use of pre and post-trial
alternatives such as diversion among
adults and juveniles, use of non-custodial
measures and community service as a
sanction.
The new Code on Imprisonment of
Georgia that entered into force on 1
October 2010, represents a step forward
for overall reform of the penitentiary
A/HRC/19/61/Add.3
78
Recommendations
(E/CN.4/2006/6/Add.3)
Steps taken in previous years
(See: A/HRC/4/33/Add.2,
A/HRC/7/3/Add.2 and
A/HRC/16/52/Add.2)
Plan were elaborated. Work continues on
the assessment and further development
of the legislation related to the probation
system. In August 2009, the Probation
Service introduced a dactyloscopy system
improving tracking and registration
process. This allows probation officers to
focus on social work and individual
rehabilitative schemes. Efforts are being
undertaken to create employment
opportunities in different firms for the
probationers. In addition, probationers
receive regular classes on foreign
languages and in computer programmes.
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