Situation during visit (See: E/CN.4/2006/6/Add.3) and Pretrial and convicted prisoners be strictly separated (k) Several cases where they were not separated In accordance with the Optional Protocol to the Convention against Torture, establish a truly independent monitoring mechanism - where the members of the visiting commissions would be appointed for a fixed period and not subject to dismissal - to visit all places where persons are deprived of their liberty throughout the country. In the opinion of the Special Rapporteur, such a mechanism could be situated in an independent national human rights institution established in accordance with the Paris Principles, the Steps taken in previous years (See: A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) • Article 19 of the Law on Imprisonment establishes different types of regimes in the same penitentiary facility, but requires strict separation of the various categories • 2005: accession to the Optional Protocol to the Convention against Torture (OPCAT) • In summer 2006 monitoring councils of psychiatric hospitals and orphanages have been set up under the Public Defender’s office Information received on steps taken since December 2007/current situation • • Government 2008: In December 2008, the Ministry of Justice presented a draft proposal regarding the designation of the Public Defender of Georgia as national preventive mechanism (NPM) in accordance with OPCAT, at the Session of the Inter-Agency Coordinating Council against Torture. The members of the Council and the Public Defender were asked to present their views on the draft. Based on the Public Defender’s proposals and the Office of the High Commissioner for Human Rights (OHCHR)’s recommendations, the Ministry elaborated a new draft Article 93 of the Law on Imprisonment refers to Local Monitoring Commissions and the criteria for the appointment of the Members; Ministry of Justice Decree No. 2190 sets out the corresponding rules; Local Monitoring Commissions may enter a penitentiary institution at any time without prior notification of the prison administration to conduct monitoring, receive complaints etc; they A/HRC/10/44/Add.5 page 40 Recommendations (E/CN.4/2006/6/Add.3)