services, in reality creates even more significant problem that prevent prisoners from exercising their statutory right. Concerning this issue, the Office of the Public Defender again
sent letter no. 03-1/1084 to the Ministry of Corrections on 24 January 2017. According to
Letter no. MOC3170008156 of the Ministry of Corrections received on 20 February 2017,
the so-called ‘new’ provider completed beta phase and remand/convicted persons are
able to use the services of both ‘old’ and ‘new’ companies, in accordance with the procedure determined by legislation of Georgia.
It should be positively mentioned that in penitentiary establishments, except for high risk
prison facilities, prisoners do not have to indicate the pre-determined amount of telephone numbers. However, it should be noted that during the monitoring visits made to
establishments nos. 5, 8 and 11, the representatives of the Public Defender tried several
times to call the hotline (1481) of the Office of the Public Defender but the calls could
not go through. It is also noteworthy that prisoners cannot call the Office of the Public
Defender or other organs of inspection at night.
CPT emphasises that effective grievance and inspection procedures are fundamental safeguards against ill-treatment in prisons. Prisoners should have avenues of complaint open
to them both inside and outside of the context of the prison system, including the possibility to have confidential access to an appropriate authority.250
There are frequent occasions in practice where prisoners placed in solitary confinement
cells cannot call the Office of the Public Defender.
Under Article 88.2 of the Imprisonment Code of Georgia, ‘an remand/convicted person
placed in a solitary cell may not enjoy short and long visits, telephone conversations or
purchase food products.’ During the monitoring visits made to penitentiary establishments, prisoners mentioned to the members of the Special Preventive Group that the
restriction on telephone conversations was also extended to the phone calls made to
the Office of the Public Defender and other inspection agencies. Access to the Public Defender is a significant safeguard against ill-treatment, especially for those placed in solitary confinement as their complete social isolation involves great risks of ill-treatment.
Under Article 98.5 of the Imprisonment Code, an remand/convicted person may, at any
time, file a complaint with the Public Defender of Georgia/Special Preventive Group. Furthermore, under Article 82 of the Code, the restriction of the right to receive and send
private correspondence for a disciplinary violation shall not apply to the correspondence
the addressee or sender of which is the Public Defender of Georgia. It should be pointed
out that there is no similar clause concerning telephone calls. It is imperative to amend
the legislation to allow a prisoner placed in a solitary confinement cell to reach the Public
Defender in any form, including by telephone.
Placement in a de-escalation room is not the ground for automatic restriction of any statutory rights of an remand/convicted person.251 However, in practice, a prisoner placed
in a de-escalation room is completely restricted in terms of contacts with the outside
250 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,
CPT standards, para. 54, p. 19.
251 Orders nos. 119, 116, and 117 of the Minister of Corrections of Georgia of 27 August 2015, Article 17.4.
NATIONAL PREVENTIVE MECHANISM (NPM), 2016
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