be excluded from the camera visibility area), an open-type damage-proof remotelycontrolled toilet, a water tap, lighting and proper ventilation. Where necessary, measures of physical restraint and special means prescribed by the Georgian legislation may be used in relation to individuals placed in a de-escalation room. Physical restraints may be applied for a reasonable period until the criteria indicated in paragraph 1 of this Article are eliminated. Immediately after an individual is placed in a de-escalation room, a relevant document should be drawn up and entries about the condition of the individual must be registered at reasonable intervals. Remand and convicted prisoners will be placed in a de-escalation room until the allocation criteria are eliminated. The statute of remand facilities and places of deprivation of liberty does not determine who exactly decides on placing an individual in a de-escalation room and what the level of proof is. The statute says a relevant document should be drawn up immediately after an individual is placed in a de-escalation room but it is unclear whether the document to be drawn up should be minutes or decision (order). A maximum term of holding a person in a de-escalation room is not indicated too. Pursuant to the statute, remand prisoners and sentenced prisoners may be placed in the Smart Reception Unit for no more than 15 days. But the statute does not expressly provide that remand/ sentenced prisoners will be placed in a de-escalation room until the allocation criteria are accomplished but for no more than 15 days. It follows that it is unclear what happens if the 15 day-term of placing a person in a de-escalation room expires but the criteria for allocation a person in de-escalation room are not eliminated. Having said that, we believe prisoners should be placed in de-escalation rooms inside the Smart Reception Units only on the basis of clear legal regulations providing proper guarantees against unlawful, arbitrary and disproportionate use of the measure. 2.3.6.2.  ELECTRONIC SURVEILLANCE On 19 December 2014, the Public Defender addressed the Minister of Corrections and Probation with its proposal concerning the draft Order of the Minister of Corrections and Probation “on determining rules and procedures for visual and/or electronic surveillance and control and for retention, deletion and destruction of the recordings”. The Public Defender welcomed the Minister’s initiative to legally regulate visual and/ or electronic surveillance in remand facilities and places for deprivation of liberty. Despite the positive assessment, the Public Defender requested betterment of some of the provisions of the draft ministerial order and the bringing of the order into consistency with the European standards. Pursuant to Article 3(5) of the draft ministerial order, electronic surveillance and control of remand prisoners and sentenced prisoners may not be carried out in the areas of shared use such as shower rooms and rooms designed for long-term (conjugal) visits, except in accordance with the procedure and in cases determined by the Georgian legislation. We believe toilets located in the cells as well as toilets of 44 NATIONAL PREVENTIVE MECHANISM OF GEORGIA