run by convicted/untried prisoners are subject to scrutiny implying visual examination
without reading a content. However the administration has the right to read the
content of correspondence and ban sending out provided that there is a reasonable
doubt that the dissemination of information provided in the correspondence may
threaten public order, security or undermine rights and freedoms of other individuals.
Such a decision shall be immediately convey to a sender.
According to Article 16, Part VI of the Imprisonment Code, a representative of the
administration has no right to suspend and/or check the correspondence of a prisoner
if the addressee is the president of Georgia, the spokesperson of the parliament or the
prime minister, member of the parliament, court of law, the European Court of Human
Rights, an international organization created in accordance with an international
agreement or covenant ratified by the government of Georgia, a Georgian ministry,
department, the Public Defender of Georgia, advocate, prosecutor.
It is worth noting that according to Article 79, Part II the prisoner may be restricted in
his/her rights stipulated by Paragraph C of the same article upon a justified decision of
an investigator or a prosecutor.
Protection of confidentiality pertaining to correspondence by the Public Defender’s
Office of Georgia is of particular importance. However, the Special Preventive Group
revealed cases involving the infringement of correspondence of the Public Defender’s
Office. For instance, during a visit to the Institution N17, the group members
discovered that the correspondence received from the Public Defender’s Office had
been delivered in opened envelopes by one of the convicts working in the institution’s
library. In addition, during a visit to the Institution N2, a member of the Special
Preventive Group discovered that a staff member of the chancellery had opened the
correspondence from the Public Defender’s Office and made a copy of the letter.
According to the staff member, this was a normal routine in the institution. Therefore,
all measures must be undertaken to eliminate this illegal practice.
Correspondences from penitentiary institutions are sent with help of social services.
Data obtained from the Penitentiary Department suggest that194 3 135 letters of
complaint was sent via a complaints box during the reporting period. It is worth noting
that 50 per cent of letters were sent from the Institution N17 while Institution 15
accounted for 47 per cent of the correspondence. Prisoners in other institutions do
not normally use this mechanism.
194 Written response (128288) from the Ministry of Penitentiary on February 2, 2015
152 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents