A convicted person serving a sentence in a low risk prison facility may have 6 long visits
a year, and 3 additional long visits a year as an incentive.231 A convicted person serving a
sentence in a semi-open type prison facility may enjoy 3 long visits a year, and 2 additional
long visits a year as an incentive.232 A convicted person serving a sentence in a closed type
prison facility may enjoy 2 long visits a year, and 1 additional long visit as an incentive.233
There is no infrastructure for long visits in penitentiary establishments nos. 7, 8, 9, 18, and
19. It should be positively mentioned that, in 2016, the prisoners of establishments nos.
establishments nos. 8, 9, 18, and 19 were periodically transferred to other establishments
for long visits. As regards the prisoners of establishment no. 7, they are not transferred to
other establishments for long visits.
In the Parliamentary Reports of 2014 and 2015, the Public Defender of Georgia recommended to the Minister of Corrections to ensure requisite infrastructure for long visits in
penitentiary establishments.
Concerning the Recommendations Determined by the Resolution of the Parliament of
Georgia Adopted with Regard to the Report of the Public Defender of Georgia on Human
Rights Situation in Georgia in 2015, the Ministry of Corrections of Georgia submitted that
the necessary measures under underway for arranging the infrastructure in establishment
no. 8, which is welcomed. However, it remains problematic to provide infrastructure for
long visit in closed-type establishments234 and medical establishments.235
Maintaining family ties is a fundamental human right, which means that the visit of family
members is not prisoners’ privilege. Under Rule 43.3 of the Nelson Mandela Rules, disciplinary sanctions or restrictive measures shall not include the prohibition of family contact. The means of family contact may only be restricted for a limited period and strictly
for the maintenance of security and order.
Under Article 172.6 of the Imprisonment Code, convicted persons placed in a high risk
prison facility shall not be granted the right to a long visit. This clause of the Imprisonment
Code prohibiting convicts in high risk prison facilities to use long visits is a blanket restriction not leaving room for factoring a legitimate aim.
In the case of Khoroshenko v. Russia, the Grand Chamber of the European Court of Human Rights held that the prison regime that only allowed two short visits during ten years
was in violation of a prisoner’s right to respect for private and family life. The Court has
particularly pointed out that, as is well established in the Court’s case-law, during their
imprisonment prisoners continue to enjoy all fundamental rights and freedoms, save for
the right to liberty. The principle of proportionality requires a discernible and sufficient
link between the application of such measures and the conduct and circumstances of the
individual concerned.
231
232
233
234
235
Imprisonment Code, Article 6022.e).
Imprisonment Code, Article 62.2.e).
Imprisonment Code, Article 65.1.d).
Penitentiary establishments nos. 7, 8, 9.
Penitentiary establishments nos. 18 and 19.
110
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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