The Public Defender welcomes the fact that the Minister of Corrections of Georgia fulfilled
the recommendation on amending the Procedure on Surveillance and Control through
Visual and/or Electronic means, as well as the Storage, Deleting and Destroying of the Recordings to the effect of providing the obligation on reviewing decisions on surveillance.69
However, against the background where those decisions are of stereotypical nature, it is
meaningless to issue a formal new decision with the same standard of reasoning.
It is also noteworthy that in the Parliamentary Reports of 2014 and 2015, the Public Defender of Georgia recommended to the Minister of Corrections of Georgia to determine
the reasonable term of storage of video surveillance recordings (for no less than 10 days).
On 20 March 2017, Order no. 35 of the Minister of Corrections of Georgia, dated 19 May
2015, approving the Procedure, was amended to the effect of providing for 120 hours
(five days) as the minimum term of storing video recordings. This change is welcomed by
the Public Defender as an obvious step forward. It is however to be noted that the practice studied by the Public Defender has shown that it is necessary to store the recordings
at least for ten days. The Public Defender also deems it necessary to ensure unimpeded
access to these recordings for members of the Special Preventive Group.
Apart from the foregoing, Article 8 of the Procedure on Surveillance and Control through
Visual and/or Electronic means, as well as the Storage, Deleting and Destroying of the Recordings merely repeats the relevant provision of the Imprisonment Code and states that
administrations are entitled to monitor inmates’ meetings with the persons70 referred to
in Article 54.6 of the Code. This monitoring is conducted visually, through observation
and recording with technical means from a distance but out of hearing of those monitoring. This was another issue that the Public Defender brought to the attention of the
Parliament and the Minister of Corrections and recommended to amend the Procedure
to the effect of stipulating that meetings of remand and convicted persons with the Public
Defender and members of Special Preventive Group are confidential and eavesdropping
or surveillance of any kind are impermissible. This recommendation, however, has not
been fulfilled.
The Public Defender requests to amend the above provision with regard to the Public
Defender and the members of the Special Preventive Group both in the Procedure on
Surveillance and Control through Visual and/or Electronic means, as well as the Storage,
Deleting and Destroying of the Recordings and the Code of Imprisonment. The request is
based on Article 19.3 of the Organic Law of Georgia on The Public Defender of Georgia
under which ‘the meetings of the Public Defender of Georgia/a member of the Special
Preventive Group with detainees, prisoners or persons whose liberty is otherwise restrict69
70
46
Under Article 4.1 of the Procedure on Surveillance and Control through Visual and/or Electronic means, as
well as the Storage, Deleting and Destroying of the Recordings, decisions on conducting surveillance and
control through visual and/or electronic means is taken by the director of a penitentiary establishment. The
decision is issued in the form of an Order when there are relevant grounds for ordering this measure. Orders
are issued for the period the grounds continue to exist but no more than three months.
President of Georgia; President of the Parliament of Georgia and the Members of the Parliament authorised
by the former; Prime Minister of Georgia; Officials of the Office of the Prosecutorial system vested with the
relevant capacity; Public Defender of Georgia; Minister of Corrections and other persons authorised by the
former; Members of the Special Preventive Group.
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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