whether the chief doctor medically examined the patient or whether prisoner L.Q. was
under a doctor’s constant supervision while he was subjected to the security measure.
The medical certificate dates 20 September 2014 but it does not specify the exact time
it was drawn up at. In addition, no medical examination report on the use of special
means was produced, in contravention of the Order of the Minister of Corrections no.
145 dated 12 September 2014.
On these grounds, we conclude the use of a restraint bed in relation to accused L.Q.
materially violated the “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. Nevertheless, the Inspectorate General of the Ministry of
Corrections commenced in-house inquiry into the issue only after the Public Defender’s
Office got interested in it.80
RECOMMENDATIONS TO THE MINISTER OF CORRECTIONS:
•• Put in place a legal framework for internal and external assessment of performance of both the prison administration and each staff member based on
pre-determined indicators and for evaluation of the ability to maintain good
order in prisons.
•• Develop clear job descriptions, standard operation procedures, an ethics
code and incident management guidelines with a view of ensuring proper
performance of their functions by and accountability of the penitentiary system employees.
•• For the purpose of protection of human rights and maintaining good order
and safety in penitentiary institutions, develop training programs based on
an assessment of the staff knowledge and skills and ensure proper attendance of the staff.
•• Ensure that more staff take the long-term (6-month) training course for legal
regime unit staff of remand facilities and places of deprivation of liberty.
•• Also, special attention should be paid to enhancing the penitentiary personnel’s ability to work as a multidisciplinary team.
•• Develop an effective mechanism for assessing training results and supervising their use in practice in order to maintain sustainability and practicability
80
According to the Letter from the Inspectorate-General of the Minister of Corrections dated 12 March
2015, the Inspectorate-General received a letter from the Chairman of the Penitentiary Department
as of 5 March 2015 with an accompanying request of the Chief of the Public Defender’s Prevention
and Monitoring Department to the Penitentiary Department to inquire into the use of special
means against Accused L.Q. in the penitentiary institution no. 3 on 20 September 2014. According
to these letters, the Inspectorate-General commenced in-house inquiry into alleged failure by the
director of the penitentiary institution no. 3 to draw up a report on the use of special means and to
send it to the Minister of Corrections and the Chairman of the Penitentiary Department.
52 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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