• To amend the Law of Georgia on Legal Aid so that adequate legal aid is secured
for the alleged victims of ill-treatment in all cases; and
• To amend the Imprisonment Code of Georgia for determining the obligation
of health-care professionals of penitentiary establishments to notify the Office
of the Chief Prosecutor of Georgia, whenever they obtain information or conclude that the an inmate could have been subjected to ill-treatment.
3.3 ORDER AND SECURITY IN THE ESTABLISHMENTS OF DETENTION
AND DEPRIVATION OF LIBERTY
Under Article 10 of the International Covenant on Civil and Political Rights, all persons
deprived of their liberty shall be treated with humanity and with respect for the inherent
dignity of the human person. The United Nations Human Rights Committee ‘believes that
here the Covenant expresses a norm of general international law not subject to derogation.’38
Maintaining security and order is a fundamental right in the places of deprivation of liberty. Stemming from the human rights protection provisions, maintaining security is an integral part of the commitments taken by the state with regard to human rights protection.39
The objective of maintaining control and security is best attained in a humane and just
prison system. Therefore, it would be wrong to assume that treating prisoners with humanity hinders safeguarding security and order in prisons. On the contrary, it is fundamental to ensuring that prisons are secure and safe. Good practice in prison management
has shown that when the human rights and dignity of prisoners are respected and they
are treated fairly, they are much less likely to cause disruption and disorder, and more
likely to accept the authority of prison staff.40
In every country, there will be a certain number of prisoners considered to present particularly high security risks and hence require special conditions of detention. The perceived
high security risks of such prisoners may result from the nature of the offences they have
committed, the manner in which they react to the constraints of life in prison, or their
psychological/psychiatric profile.41
Categorisation of convicted persons necessitates providing them with special conditions
of deprivation of liberty. The perceived high security risk of such prisoners may result
from the nature of the offences they have committed, the manner in which they react
38
39
40
41
The United Nations Human Rights Committee, General Comment no. 29, States of Emergency (Article 4),
August 2001, para. 13.a).
Report of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, submitted to the UNGA, 5 September 2006, para. 51.
United Nations Office on Drugs and Crime, Handbook on the Management of High-Risk Prisoners, 2016, p.
10, available at: http://www.unodc.org/documents/justice-and-prison-reform/HB_on_High_Risk_Prisoners_Ebook_appr.pdf [Last visited on 09.03.2017].
Council of Europe, 11th General Report on the CPT’s activities, 1 January - 31 December 2000, para. 32, available in Georgian at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680696a75 [Last visited on 10.02.2017].
NATIONAL PREVENTIVE MECHANISM (NPM), 2016
31
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