world. For instance, during the visit to establishment no. 8, prisoners mentioned in their
conversation with the Special Preventive Group members that they are unable to send
correspondence, use telephone and have visitations during their time in a de-escalation
room. Furthermore, during the visit252 made to establishment no. 3, the Group studying
the documentation of the establishment revealed that in 44% of placements in a safe
room, disciplinary penalties were imposed on the prisoners (restriction of telephone conversations, visits and personal correspondence) during their time in the safe room.
The Public Defender observes that it is impermissible to resort to security measures for
punitive purposes as such measures should only serve the statutory objective of ensuring the safety of people in a penitentiary establishment. Furthermore, a multidisciplinary
group should be actively working with a prisoner placed in a de-escalation room, in accordance with a relevant strategy.
The prisoners in semi-open type establishments face particular problems when making
phone calls, as there are not enough telephone devices available. In their conversations
with the Special Preventive Group members, the prisoners said that they had to stand in
lines for telephones and often some of the prisoners are unable to exercise their statutory
right in time. As regards the closed-type penitentiary establishments, as the telephone
devices are placed in guard’s room, it is impossible to have a confidential conversation.
3.7.5. CORRESPONDENCE
In 2016, 19,821 personal correspondences in total were dispatched form penitentiary establishments.
Under Article 16.1 of the Imprisonment Code, an remand/convicted person, as determined by this Code, has the right to send and receive an unlimited number of letters,
except as provided for by this Code. Under Article 16.4 of the Code, the correspondence
of an remand/convicted person is subject to inspection, which includes visual inspection
without reading its content. In cases of extreme necessity, when there is a well-grounded
belief that the dissemination of information will pose a threat to public order, public security or rights and freedoms of other persons, the administration may read the correspondence and, if necessary, not send it to the addressee. The sender shall be immediately
notified of this action.
Paragraph 7 of the draft law of Georgia on Amendment to the Imprisonment Code proposes the new wording of Article 16 of the Code to the effect of prohibiting correspondence among remand/convicted persons placed in penitentiary establishments. The
Public Defender does not approve of such a blanket restriction. Communication among
remand/convicted persons placed in penitentiary establishments can be restricted only in
exceptional conditions, upon the existence of concrete facts and circumstances that are
substantiated in each individual case. Besides, it should be noted that the explanatory
memorandum of the draft law does not explain the necessity warranting the adoption
of such a restrictive provision. The Public Defender of Georgia observes that the blanket
252 Visit was made on 23-25 May 2016.
116
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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