A/HRC/4/33/Add.2 Page 51 analysis offers the possibility to depict what happens on a practical level by the subordinates and gives the supervisor the possibility to see whether the dynamics of the statistical development comply with policies and guidelines. • The analyses also objectively depict drastic changes within the percentages as well as compare it to previous years. 256. Article 159 of the CPC specifically prescribes a certain framework within which detention shall be used as a measure of restraint. Namely, it can be applied only with respect to crimes for which the legislation of Georgia foresees deprivation of liberty for two or more years. Detention as a measure of restraint as a rule is not used towards seriously ill persons, minors, persons over a certain age (women 60 and men 65), women who are pregnant 12 or more weeks or have a baby (of up to one year), and also towards persons who has committed a crime out of negligence – except in exceptional cases, when the criminal legislation envisaged deprivation of liberty for three or more years. Certain exemptions apply to victims of trafficking. 257. Recommendation (k) stated: Pre-trial and convicted prisoners be strictly separated; 258. According to non-governmental sources, whereas Georgian law requires pre-trial and convicted prisoners to be separated, frequently they are detained in the same blocks and even in the same cell. 259. The Government informed that the Law on Imprisonment provides different regimes for pre-trial detainees and convicted prisoners and accordingly they are strictly separated from each other. 260. Recommendation (l) stated: The number of persons confined in detention not exceed the official capacity of the respective facility; 261. According to non-governmental sources, overcrowding remains one of the most serious problems in the Georgian penitentiary system. In May 2006, Tbilisi Prison No. 5, designed to accommodate 1,800 prisoners, was holding 3,559. At Rustavi Prison No. 1, with a capacity of holding 1,000 prisoners, there were some 1,361 detainees. There is also severe overcrowding in prisons in Batumi and Zugdidi in western Georgia. The Batumi facility has a capacity of 250, but as of September 2006 held some 565 detainees. In Zugdidi, there are 407 detainees in a prison with a capacity of 305. In May 2006, the new prisons, Rustavi Prison No. 6 and Kutaisi Prison No. 2, were not overcrowded. Rustavi Prison No. 6 was operating at close to its capacity of 728 inmates with 707 inmates. Kutaisi Prison No. 2, with a capacity of 1,500, but holding 1,423, was similarly operating just under capacity. The Republican Prison Hospital was also operating close to capacity. Overcrowding was also endemic in women’s and juvenile cells with frequent cases of bed sharing. 262. The Government informed that the problem of overcrowding in some of the prisons gives rise to serious concerns. However, immediate steps to address these problems have been taken and continue to have a positive effect. The financial resources allocated during the last years have been drastically increasing in order to meet all minimum standards in all prisons on equal level: