It is impossible to obtain an envelope for writing a confidential complaint without being
identified. It is a clear violation of confidentiality that when requesting the envelope a
staff member of the social service registers the envelope code and the prisoner’s name
and surname.
The Public Defender welcomes the increase in the number of inspections carried out by
the Division of Systemic Monitoring of the Inspectorate General in comparison to 2015.
However, the Public Defender observes that spontaneous monitoring is more effective
as it is the surprise factor that allows more problematic areas to be identified. During
planned monitoring, the personnel of penitentiary establishments have more time to cover up breaches, if there are any.
It is noteworthy that the Ministry has not published until now the report on monitoring
conducted in 2016. Accordingly, this report will be assessed after its publication.
The Public Defender made a recommendation in the Parliamentary Report of 2015 concerning determination of reasonable terms by the Imprisonment Code for consideration
of applications/complaints of medical nature by the Medical Department of the Ministry
of Corrections of Georgia. This recommendation has not been fulfilled to date.
The Public Defender also made a recommendation in the Parliamentary Report of 2015
concerning introduction by the Imprisonment Code of reasonable terms for the consideration of applications/complaints by the Inspectorate General of the Ministry of Corrections of Georgia. This recommendation has not been fulfilled yet.
RECOMMENDATIONS
TO THE MINISTER OF CORRECTIONS OF GEORGIA:
• To take all necessary measures to ensure that prisoners are handed information on their rights, including the right to lodge an application/complaint and
the procedure for lodging an application/ complaint, as well as for its consideration. To this end ensure handing special brochures to prisoners;
• To take all necessary measures to ensure that, a few days after a prisoner’s admission to a penitentiary establishment, a social worker explains to him/her the
rights and duties in detail; provides information about lodging an application/
complaint and procedure for its examination; and explains the competence of
social workers and provides all necessary key documents. Within reasonable
intervals, social workers should carry out individual and group works with prisoners on the topic of their rights and duties, and the procedure of lodging an
application/complaint as well as its examination;
• To take all necessary measures to ensure the availability of brochures containing practical information for all foreign prisoners, in a language they understand, explaining in detail and in simple terms the procedure for lodging an
application/ complaint as well as for its consideration;
NATIONAL PREVENTIVE MECHANISM (NPM), 2016
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