2. SITUATION IN PENITENTIARY INSTITUTIONS
2.1. GENERAL OVERVIEW
The year of 2014 saw several positive changes in the penitentiary system. Among
the changes was the amendment of the Imprisonment Code to determine four types
of institutions according to security risk level which differentiated prisoner rights
according to the risk levels. It is safe to say that, in spite of several arguable clauses,
the amendments generally improved the rights of prisoners at the legislative level.
We would like to mention draft amendments to the Imprisonment Code authored by
the Ministry of Corrections,2 which has been submitted to the Parliament of Georgia.
On 28 January 2015, the Public Defender sent its proposal about the draft law to the
Georgian Parliament.
In its proposal, the Public Defender welcomes the planned reform of the penitentiary
system but emphasizes some of the key issues related to the draft law such as the need
for improving the early release mechanism and the procedures for prisoner allocation/
transfer, the need for reducing a term of administrative detention of prisoners in high
risk institutions, etc.
A major component of the Public Defender’s proposal is the Public Defender’s
request to allow the Public Defender and its Special Preventive Group members to
take photographs inside the penitentiary institutions. On the initiative of the Georgian
Parliament, a working group of representatives from the Ministry of Corrections and
the Public Defender’s Office was set up to discuss this request.
It is certainly worth noting that the Ministry of Corrections took the Public Defender’s
initiative into consideration adding a relevant clause to the draft law under review,
which entitles the Public Defender and its Special Preventive Group members to take
photos inside penitentiary institutions pursuant to a procedure established by the
Minister of Corrections. According to the draft clause, the Minister of Corrections will
elaborate such a procedure in cooperation with the Public Defender and publish it
no later than 1 August 2016. The clause entitling the Public Defender and its Special
Preventive Group members to take photos inside the penitentiary institutions will take
effect on 1 September 2016.
During the reporting period, the Central Penitentiary Hospital was refurbished and
opened thus improving access to healthcare services to some extent. Penitentiary
Institution No. 16 was refurbished as well.
The Public Defender welcomes the introduction of a six-month training program for the
regime officers of the Penitentiary Department. We believe a long-term professional
education for the Penitentiary Department employees has a crucial role in ensuring
2
A full text of the draft law together with an explanatory note accompanying the draft law can be
accessed at http://www.parliament.ge/ge/law/7805 [last viewed 11.02.2015]
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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