The Public Defender’s Office reviewed V.A’s case and concluded that the convict
has not exercised the right to visits granted by the law since 2012. To follow up with
the case, the Public Defender applied to a director of the Institution N7 (letter 033/9073) on July 10, 2014 and to a deputy head of the Penitentiary Department of
the Ministry of Corrections on August 4, 2014 (letter 03-3/9788). According to a
feedback correspondence (a letter MCLA 41400370176) of August 4, 2014 from the
director of the Institution N7 there is no adequate infrastructure in the institution to
accommodate to long-term visits, while the Penitentiary Department (correspondence
MCLA914003650569 dated July 30, 2014) informed the Public Defender’s Office that
a decision to grant a right to long-term visits is to be made by a director of a facility.
It is worth noting that V.A. has not exercised his right to long-term visits on August 1,
2012 when the convict was transferred to the Institution N6 to receive a long-term
visit from his mother due to the absence of adequate infrastructure for long-term
visits in the Facility N7.
With a recommendation 03-3/12102 of September 29, 2014 to allow V.A. to exercise
his right to long-term visitation Public Defender applied to the Ministry of Corrections
of Georgia but to no avail.
It is worth noting that a recommendation outlined the Public Defender’s 2013 report
the latter called on the Minister of Corrections to provide the Institutions N7, N8
and N12 with adequate infrastructure for long-term visitations. The Public Defender
welcomes the construction of infrastructure in the Institution N12 to accommodate to
long-term visitations. Prisoners in the Institutions N5, N18 and N19 are also affected
by the absence of infrastructure for long-term visits. Importantly, the Institution N18
homes convicts who are placed under long-term care unit and unable to meet with
their relatives because of absence of facility for long-term visitation.
It must be underlined that according to amendments of April 16, 2014188, the
Imprisonment Code of Georgia does not stipulate the right to long-term visits for
prisoners placed in high-security institutions. For instance, Article 172, Part VI states
that convicts placed in high-risk facilities shall not have the right to long-term visitations.
According to 24.2 of the European Prison Rules communication and visitations may be
subject to restrictions and monitoring necessary for the requirements of continuing
criminal investigations, maintenance of good order, safety and security, prevention of
criminal offences and protection of victims of crime, but such restrictions, including
specific restrictions ordered by a judicial authority, shall nevertheless allow an
acceptable minimum level of contact. Prohibition of long-term visits for convicts
serving in high-risk institutions is more of a punitive character rather than a security
measure. Therefore, there is no justification for such a restriction.
Article 172, Part VI restricts the right to long-term visits for convicts under a quarantine
regime, also those who are subject to disciplinary punishment or administrative
detention.
188 Law of Georgia on ‘Amendments to the Imprisonment Code’ April 16, 2014 N2241-IIს.
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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