health of prisoners who are mentally ill or have suicidal inclinations. According to the
Georgian law, “the administration is obliged to inform the healthcare personnel about
placing a person in a solitary cell. Persons detained in solitary cells must be kept under
daily and special observation of the healthcare personnel. If necessary, the duration
of a person’s stay in the solitary confinement cell may be reduced on the basis of a
doctor’s conclusion.”121
In the reporting period, a total of 2,972 disciplinary sanctions were used against the
prisoners in the Georgian penitentiary institutions. Only three prisoners challenged
the decisions on imposing disciplinary punishment.122 It should be noted, as the
monitoring of penitentiary institutions during the recent years has revealed, that
prisoners refrain from challenging their disciplinary punishment because, as they say,
it makes no sense.
During its visit to the penitentiary institution no. 8 in November 2014, the monitoring
group inspected the solitary confinement cells and talked to the prisoners detained
there. We should mentioned that the prisoners in the solitary confinement cells did
not have items of personal hygiene; they were provided with such items only after the
monitoring group members talked to the Institution’s responsible officer. According
to the prisoners, they were not enjoying their rights to take shower and to exercise
outside. According to the relevant representative of the Institution, the prisoners
in the solitary cells rarely make use of their right to take shower and to take a walk
outside but the staff member was unable to show any document confirming either
enjoyment or waiver of these rights by the prisoners.
Similar to that, during its visit to the penitentiary institution no. 3 in October 2014,
the monitoring group found out that the prisoners did not have access to outdoor
exercise and healthcare services, and the conditions in the solitary confinement cells
were unsatisfactory. There are 4 solitary confinement cells having the area of 7m2,
6.3m2, 5.8m2 and 6m2 respectively. The cells have concrete floors. There are a small
table and a chair in each cell. The beds are fastened to the walls. Toilets in the cells
are not isolated. Each cell has one small casement window, which won’t open. The
cells are not ventilated either naturally or artificially. At the time of inspection, there
was no water supply in the cell and the stench was unbearable. The prisoners would
not be provided with mattresses and linens and they had to sleep on firm surface.123
According to the Institution’s lawyer, the law124 is not clear about whether prisoners
detained in solitary confinement cells are entitled to mattresses and linens. We believe
121 Code of Imprisonment, Article 88(6)
122 Institutions nos. 6, 8 and 9
123 Ibid. Report on the Public Defender’s visit to the institution no. 3, available at http://
www.ombudsman.ge/ge/reports/specialuri-angarishebi/angarishi-sasdjelagsrulebis-n3dawesebulebashi-vizitis-shesaxeb.page.
124 The Imprisonment Code, Article 88(4): “A solitary confinement cell should be lit and should be
ventilated. An accused/sentenced person shall have a chair and a bed. He/she has the right to have
reading materials upon request.”
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
77
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents