facility located within the cell) is duly respected in all penitentiary establishments.109 The Public Defender of Georgia numerously addressed, in his Parliamentary Reports, the issue of providing the minimum standard of 4 m² of living space per prisoner. In the Parliamentary Report of 2015, the Public Defender recommended to the Minister of Corrections to take all measures ensuring each prisoner with the minimum standard of 4 m² of living space in establishments nos. 2, 3, 7, 8, 12, 15, and 17. It should be noted that the recommendation was fulfilled only with regard to establishment no. 3. According to the information received from establishment no. 3,110 in the course of 2016, the cells on the ground floor have been remodelled into single or double cells and unnecessary inventory has been removed from the cells. Accordingly, presently all prisoners in establishment no. 3 are ensured with 4 m² of living space. As regards the establishments nos. 2, 7, 8, 12, 15, and 17, the problem has not been resolved. Besides, in establishments nos. 2 and 8, remand and convicted persons are placed together in some occasions, which is in breach of the Imprisonment Code. In establishment no. 2, the space of solitary confinement cells, except for those in D wing, is 4.5-5.5 m2. These cells are cramped in violation of the standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.111 In establishments nos. 14 and 17, some prisoners live in the so-called barrack-type accommodations.112 In establishment no. 14, there are three two-storey buildings, where prisoners live in common dormitories for 26, 59 and 70 persons respectively. As regards establishment no. 17, there are common dormitories for 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 30, 32 and 34113 persons. The cells designed for multiple inmates are of barrack type. In establishment no. 17, living space per prisoner in cells meant for 20 and more persons is up to 2.5 m2. The situation is no better in cells designed for less than 20 prisoners. There is no respect for private space in barrack-type dormitories; smokers and non-smokers are accommodated together; it is hard to follow sanitation and hygiene rules and the risk for spreading infectious diseases is high. Furthermore, such accommodations pose additional and serious challenges in terms of security. Paragraph 6 of the Draft Law of Georgia on Amending the Imprisonment Code provides for the new wording of Article 15.2 of the Code, according to which living space standard per convicted person in medical and prison facilities shall not be less than 4 m2. The provision in force refers to all types of prison facilities. It is also noteworthy that the amendment 109 Report to the Georgian Government on the visit to Georgia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 11 December 2014 , CPT/Inf, (2015), para. 48. 110 According to letter no. MOC 717 00043478 of the director of establishment no. 3 of the Penitentiary Department of the Ministry of Corrections of Georgia, dated 18 January 2017. 111 ‘Whilst confessing that it was a “difficult question”, the Committee from the outset of its work has expressed its thoughts on what it considers to be a reasonable size for a police cell “intended for single occupancy for stays in excess of few hours”, this being a desirable objective, rather than a minimum standard: cells should be of the order of 7 square metres, 2 metres or more between walls, 2.5 metres between floor and ceiling.’ 112 There are tens of prisoners placed in barrack-type dormitories. In such conditions, it is impossible for prisoners to have respect for private space. 113 The total living space per 34 persons of establishment no. 17 amounts to approximately 77 m2. 68 HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS

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