As for the accused, Article 17, Part X of the Imprisonment Code of Georgia grants
them the right to only short-term visits. At the same time, according to Article 123 of
the transitional provisions, the accused have the right to maximum four short-term
visits a month up to January 1, 2016 upon a consent of a prosecutor or an investigator.
This restriction limits contact of the accused with their family members and there is
no justification for the prohibition of long-term visits for the accused during a pretrial period as maintaining contacts and relations with families for this category of
individuals is critically important.
The Public Defender’s Office requested the information from Tbilisi City Court on the
numbers of the accused who were granted the right under Articles 123 and 124 of
the Imprisonment Code as well as the number of denials (Correspondence 04-8/1205
of February 17, 2005) for 2014. According to a response dated February 18, 2015
(correspondence 1-04373666) Tbilisi City Court does not run this statistics.
According to Rule 99 of the European Prison Rules, untried prisoners shall receive
visits and be allowed to communicate with family and other persons in the same
way as convicted prisoners, also they may have additional access to other forms of
communication unless there is a specific prohibition for a specified period by a judicial
authority in an individual case.
Based on the above said, the Imprisonment Code should be amend in a way to define
the rules for untried prisoners to be able to receive long-term visits paying due
attention to the interests of investigation.
According to Article 72 of the Imprisonment Code of Georgia women convicts have the
right to one family visit per month. Article 173, Part II of the Code women convicts have
the right to receive visits from son/daughter, adopted son/daughter, parents (adoptive
parents), sister and brother. Visits shall take place in a specially designated room on
the premises of an institution for maximum 3 hours.
According to Rule 27 of the UN Rules for the Treatment of Women Prisoners and NonCustodial Sanctions for Women Offenders (the Bangkok Rules), women prisoners must
have the right to family visits the same way as male prisoners as the Imprisonment
Code grants women convict the right to only 3 hour family visits while male prisoners
enjoy 24 hour long long-term visits.
The terms and conditions defined by the Imprisonment Code of Imprisonment
contradict the Bangkok rules and are against the inspiration conveyed by the UN
Convention on the Elimination of All Forms of Discrimination against Women. According
to Article 1241 of the Imprisonment Code of Georgia, the Ministry of Corrections shall
ensure there are adequate conditions in women’s and closed institutions for long term
visits. Such must be in place before December 31, 2015 latest. It is important that
authorities take all relevant measures for creating an environment whereby women
prisoners will be able to exercise their right to long-term visits. With this regards the
192 Long-term visits in Institution 12 started in October 2014
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
149
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