SITUATION IN PENITENTIARY INSTITUTIONS
and sentenced prisoners were alone in their cells.71 Neither were they serving a disciplinary punishment nor was
there any other circumstance to justify this fact. Unless it is in the interest of the individual sentenced prisoner’s
personal security or at his own initiative, placing him alone in a cell can have harmful effects on his psychological
and physical wellbeing. The European Court of Human Rights has explained that keeping a sentenced prisoner
isolated in a cell for a long period of time may amount to inhuman treatment.72
In the course of monitoring, trustees of the Public Defender have found that juvenile remand prisoners and
adult sentenced prisoner were able to contact each other, in the Penitentiary Institutions Nos. 8 and 2. Pursuant
to Article 8(d) of the UN Standard Minimum Rules for the Treatment of Prisoners, young prisoners shall be kept
separate from adults. The same standard is enshrined in the Order of the Georgian Minister of Corrections and
Legal Assistance No. 97.73
The monitoring also showed that nine inmates in the Institution No. 7 have had lung tuberculosis in the past and
three inmates were undergoing treatment within the DOTS program. These individuals were accommodated together with other prisoners who were not infected with tuberculosis. This circumstance coupled with the existing
improper conditions creates an unfavorable epidemiological situation.
Recommendations:
To the Minister of Corrections
QQ When moving prisoners from one establishment to another, the prisoners should be made
aware of the grounds and reasons of their transfer, which should be documented by drawing up a relevant protocol; they should also be informed about their right to challenge the
transfer order.
To the Chairperson of the Penitentiary Department
QQ To completely separate juvenile prisoners from adult prisoners;
QQ To accommodate prisoners infected with tuberculosis separately, in any event;
QQ When allocating prisoners to penitentiary institutions, to take into consideration proximity
of the institutions to their homes or their relatives’ homes;
QQ To ensure that prisoners are allocated to the appropriate types of penitentiary institutions
as required by law.
72 Mathew v. The Netherlands, Judgment of 29 September 2005.
2013
71 For example, in the Institution No. 7.
73 Article 19(16).
NPM Report
27
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