SITUATION IN PENITENTIARY INSTITUTIONS
there was a violation of Article 8 (right to respect for private and family life) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights. In deciding the case, the Court relied, inter alia, upon the
views expressed by the European Committee for the Prevention of Torture (CPT) concerning the way conjugal
visits were administered in Lithuania.
Under Article 99 of the European Prison Rules, unless there is a specific prohibition for a specified period by a
judicial authority in an individual case, untried prisoners shall receive visits and be allowed to communicate with
family and other persons in the same way as convicted prisoners, and shall additionally have access to other forms
of communication.
With these circumstances in mind, we believe the Code of Imprisonment should be amended so that remand prisoners are allowed to receive conjugal visits.
As regards female sentenced prisoners, under Article 173 of the Code of Imprisonment, they have the right to a
family visit. By virtue of this right, they may be visited by their children, adopted children, spouses, parents (adoptive parents), sisters and brothers. Family visits are administered in the territory of the penitentiary institutions, in
rooms designed specifically for this purpose. Such a visit may last no more than 3 hours.
Pursuant to Rule 27 of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (“the Bangkok Rules”), where conjugal visits are allowed, women prisoners shall be
able to exercise this right on an equal basis with men.
Under the Georgian Code of Imprisonment, however, unlike male sentenced prisoners who are entitled to conjugal visits with the duration of up 24 hours, female sentenced prisoners may only receive 3-hour family visits. This
provision from the Code of Imprisonment is therefore clearly contradicting the international standard set forth in
the Bangkok Rules as well as the spirit of UN Convention on the Elimination of All Forms of Racial Discrimination against Women.59
Under Article 1241 of the Code of Imprisonment, with a view of facilitating the exercise of the right to conjugal visits, the Minister of Corrections is obligated to set up appropriate conditions and commence administering
conjugal visits at women’s institutions and closed institutions for sentenced prisoners not later than 31 December
2015. We believe all appropriate measures should be taken to provide women prisoners with proper conditions for
exercising their right to conjugal visits.
Recommendations:
To the Parliament
QQ with no detriment to investigation interest, to amend the Code of Imprisonment so that
remand prisoners are allowed to avail themselves of long-term visits.
To the Minister of Corrections
Video visits
Pursuant to Article 171(1) of the Code of Imprisonment, sentenced prisoners in penitentiary institutions, except
prisoners convicted of very serious crimes and individuals referred to in Article 50(1)(f) of the Code, have the right
to video meetings (through direct audio and visual TV bridge) with anyone.
It is intended to amend the Code of Imprisonment with a view of re-framing Article 171(1). If the amendment is
enacted, the new provision will read: “sentenced prisoners in institutions for sentenced prisoners, except prisoners
in high risk institutions for convicted prisoners and individuals referred to in Article 50(1)(f) of the Code, have the
2013
QQ to provide infrastructure and arrangements for long-term visits in the penitentiary institutions nos. 5, 7, 8 and 12.
59 Ratified by Resolution of the Parliament of Georgia No. 561 dated 22 September 1994 .
NPM Report
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