2.4.3. REGIME; DISCIPLINARY LIABILITY; ENCOURAGEMENT
2.4.3.1. DISCIPLINARY LIABILITY
According to the European Prison Rules, disciplinary procedures shall be mechanisms
of last resort.108 Prison authorities shall use mechanisms of restoration and mediation
to resolve disputes with and among prisoners.109 The severity of any punishment shall
be proportionate to the offence.110 Collective punishments and corporal punishment,
punishment by placing in a dark cell, and all other forms of inhuman or degrading
punishment shall be prohibited.111 Importantly, punishment shall not include a
total prohibition of family contact.112 Use of disciplinary punishment should be in
compliance with the principles of rule of law and the UN Standard Minimum Rules
for the Treatment of Prisoners. Conduct constituting a disciplinary offence should be
determined by law or regulation.113
It should be noted that the Georgian legislation does not determine which disciplinary
punishment should be imposed upon the perpetrator in which case. This vests prison
leaders with too much discretion in choosing the type of punishment and the risk of
disproportion application of disciplinary punishment increases. Our monitoring shows
that prison administrations are most frequently choosing solitary confinement as a
form of disciplinary punishment. This practice confirms once again that it is necessary
to have a legal determination of which type of disciplinary sanction should be used
in which cases to make sure the sanction selected is proportional to the conduct
committed.
Compared to 2013, the use of disciplinary punishment doubled in 2014. In particular,
disciplinary sanctions were used in 1,408 cases in 2013 and in 2,972 cases in 2014. In
its 2013 Report to the Parliament, the Public Defender recommended the Minister of
Corrections to develop guidelines on the use of disciplinary sanctions to help establish
uniform practices of sanction application across all of the penitentiary institutions.
Unfortunately, the Public Defender’s recommendation remains unfulfilled. Presently,
the most frequent grounds for imposing disciplinary punishment are the following
violations: making noise, shouting, verbally abusing prison staff or other prisoners,
disobedience to the prison staff, being late or failure to appear at roll-call and
contaminating the prison territory. Analysis of the use of disciplinary sanctions in the
Institution no. 8 shows that the prison director has been using the same sanction for
different types of disciplinary misconduct. Thus, prisoners making noise were imposed
any of the sanctions indicted in the table below, depending on the sole discretion of
the Institution’s director.
108
109
110
111
112
113
The European Prison Rules, Rule 56.1.
Ibid. Rule 56.2.
Ibid. Rule 60.2.
Ibid. Rule 60.3.
Ibid. Rule 60.4.
Standard Minimum Rules for the Treatment of Prisoners, Rule 29.
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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