It implies the rules for preventing escape and maintaining order in prisons.53 One of the
best practices of maintaining security is the concept of dynamic security. Dynamic security refers to actions that contribute to the development of professional, positive relationships between prison staff and prisoners based on dignity and mutual respect in how
people treat each other, and in compliance with international human rights principles and
due process; it also implies activities aimed at future social reintegration. According to the
United Nations Prison Incident Management Handbook, prison staff members need to
understand that interacting with prisoners in a humane and equitable way enhances the
security and good order of a prison.54
The positive relationship between prison staff and prisoners is a necessary precondition
for maintaining order and security in a penitentiary establishment. In order to attain such
positive relationships, it is important that prisoners understand that the existing rules
and procedures are safe and aim at creating a humane environment. Prisoners should be
aware that they are treated fairly and their rights are being protected.
Ensuring security and safety in prisons in the conditions of positive relationships between
prison staff and prisoners is a starting point. In some cases, however, it is practically impossible not to resort to force and other measures of coercion. Control of prisoners also
includes elements of static security such as the use of prison security infrastructure and
equipment and the use of force to manage and respond to prison incidents if needs be.55
In accordance with the Code of Conduct for Law Enforcement Officials, law enforcement
officials may use force only when strictly necessary and to the extent required for the performance of their duty.56 This implies that additional security measures should be the last
resort. The use of force and other measures of coercion may only be based on appropriate
procedures and best practices existing in place.
Inspections carried out by the Special Preventive Group in penitentiary establishments in
the reporting period revealed the problems in the implementation of security measures
and surveillance by prison administration not only in high risk prison facilities but also in
other penitentiary establishments as well.
Apart from the above-mentioned problems, serious threat in terms of ill-treatment of
prisoners is posed by criminal subculture existing in penitentiary establishments, which
often becomes the reason for violence and oppression among inmates.
Criminal subculture has its origins from the beginning of 20th century in Georgia as well as
other post-soviet countries. To this day, it is manifested by informal rule aiming at maintaining ‘Order’ by a certain group of privileged prisoners.
53
54
55
56
36
Andrew Coyle, International Centre for Prison Studies, ‘A Human Rights Approach to Prison Management’,
2009, available at: http://www.prisonstudies.org/ [Last visited on 10.02.2017].
The United Nations Prison Incident Management Handbook, 2013 paras. 21-22, available at: http://www.
un.org/en/peacekeeping/publications/cljas/handbook_pim.pdf [Last visited on 10.02.2017].
Ibid., para. 13.
The United Nations General Assembly, Code of Conduct for Law Enforcement Officials, 5 February 1980, A/
RES/34/169, available at: http://www.refworld.org/docid/48abd572e.html [Last visited on 09.02.2017].
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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