When it comes to psychic health, of paramout importance is the protection of an
individual’s interests, respect for his/her dignity and provision of care in as humane
environment as possible. According to the General Comment of the UN Human Rights
Committee,152 prolonged solitary confinement of the detained or imprisoned person
may amount to torture or other cruel, inhuman or degrading treatment. According
to a report of the UN Subcommittee on Prevention of Torture, prolonged solitary
confinement may amount to an act of torture and it should not be used in the case of
minors or the mentally disabled.153 According to the 2007 Istanbul Statement on the
use and effects of solitary confinement,154 use of solitary confinement in relation to
mentally ill prisoners should be absolutely prohibited.
Contrary to this prohibition, the Special Preventive Group revealed instances of
keeping mentally ill prisoners in solitary confinement cells. Thus, in the Institution
no. 17, prisoner O.G. with mental problems who attempted to kill himself was held
in a solitary confinement cell for 5 days. In the Institution no. 3, a prisoner who
demonstrated clear signs of mental illness such as inclination to injure himself,
unmotivated aggressive behavior and difficulty to make contact with other people
was placed in a solitary confinement cell. According to his medical file, the last time he
received a psychiatrist’s consultation was June 2014. According to his documentation,
he has not been consulted by a psychiatrist since his admission to the Institution no.
3 on 16 September 2014.
During our monitoring visit to the penitentiary institution no. 3 on 11 December
2014, our group got interested in the personal file of prisoner L.Q. According to the
documents, the prisoner was admitted to the Institution no. 3 on 17 September.
Since his admission, he spent time in a solitary confinement cell thrice (4 days on the
first occasion, 15 days on the second occasion and 10 days on the third occasion).
According to the prisoner’s medical file, the prisoner has not received a psychiatrist’s
consultation since the day of his admission to the Institution regardless of the fact he
clearly needed psychiatric assistance. The prisoner injured himself four times during
his stay at the Institution no. 3. On 20 September 2014, the prisoner was subjected
to a special means – a restraint bed. However, the prison director did not draw up a
report on the use of special means and did not send it to the Minister of Corrections
and the Chairman of the Penitentiary Department as required by Order of the Minister
of Corrections no. 145 dated 12 September 2014. For this reason, the InspectorateGeneral of the Ministry of Corrections started an internal inquiry.
Deriving from these reasons, we believe all measures should be taken to avoid placing
mentally ill prisoners in solitary confinement cells and to ensure timely and adequate
psychiatric assistance to such prisoners.
152 CCPR, General Comment 20/44, April 3, 1992.
153 UN Subcommittee on Prevention of Torture (2010), report on the visit of the subcommittee on
prevention of torture and other cruel, inhuman or degrading treatment or punishment to the
republic of Paraguay (par 184).
154 International Psychological Trauma Symposium (2007), The Istanbul Statement on the use and
effects of solitary confinement.
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
111
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