HANDCUFFS In its report to the Russian authorities, the European Committee for the Prevention of Torture recommended the Government to discontinue the routine handcuffing practice and to use this measure only in exceptional cases, on the basis of an individual and comprehensive risk and needs assessment carried out by appropriately trained staff.76 The Committee recommends the Member States that, when resort to instruments of physical restraint is required, the prisoner concerned be kept under constant and adequate supervision.77 In its report to the Russian authorities, CPT additionally explained that if a person in custody is acting in a highly agitated or violent manner, the use of handcuffs may be justified. However, the person concerned should not be shackled to a wall or fixed objects but rather be kept under close supervision in an appropriate setting. In case of agitation brought about by the state of health of a person being held in custody, law enforcement officials should request medical assistance and follow the instructions of the doctor.78 It should be noted that according to Article 6, “Types of specials means possessed by bodies responsible for enforcement of pretrial detention and imprisonment as well as rules and conditions of storing, carrying and using such means; rules of determining persons authorized to use the special means” approved by the Order of the Minister of Corrections no. 145 dated 12 September 2014, fastening remand prisoners and convicted prisoners to a fixed surface is prohibited except in extreme cases where legitimate objectives prescribed by law cannot be achieved by other means. As we see, the text of the article does not completely prohibit fastening prisoners to a fixed surface, which is a substantial defect that must be corrected. Also the regulations should say that using handcuffs for fastening a prisoner to a strong surface is prohibited and appropriate supervision shall be ensured when handcuffs are used. NON-LETHAL WEAPONS The law does not provide a definition of or determine the types of non-lethal weapons, which certainly makes the law unclear and difficult to foresee. However, for the sake of fairness, we should mention that, according to Article 6, “Types of specials means possessed by bodies responsible for enforcement of pretrial detention and imprisonment as well as rules and conditions of storing, carrying and using such means; rules of determining persons authorized to use the special means” approved by the Order of the Minister of Corrections no. 145 dated 12 September 2014, nonlethal weapons are rubber bullets, paintball guns, shooting nets and anti-riot smoke. Nevertheless, the Public Defender believes the law must contain a clear definition 76 77 78 CPT Report to the Russian Government, CPT/Inf(2013)41, §111, p. 52. CPT Report to the Government of Bosnia and Herzegovina, CPT/Inf(2009)25, §77, p. 36. CPT Report to the Russian Government, CPT/Inf(2013)41, §52, p. 29. 50 NATIONAL PREVENTIVE MECHANISM OF GEORGIA