PROPOSALS TO THE PARLIAMENT OF GEORGIA:
• To amend the Imprisonment Code to the effect of inserting express reference
to the confidentiality of the meetings of the Public Defender of Georgia/members of the Special Preventive Group with remand/convicted persons as well as
prohibition of any kind of wiretapping or surveillance; and
• To amend the Imprisonment Code to the effect of inserting the prohibition of
surveillance of toilets in cells.
3.3.2.3. Separation of Prisoners for Security Reasons
Article 57.1.b) of the Code of Imprisonment of Georgia provides for the grounds of separation of prisoners.71 The grounds and procedure for the application of this measure are
governed by the respective orders issued by the Minister of Corrections approving the
statutes of penitentiary establishments. These statutes provide for the similar procedure
for all penitentiary establishments.72
The statutes of high risk prison facilities and other establishments provide for different
terms for the extension of the duration of separation. In particular, in accordance with the
statutes of high risk prison facilities, if needs be, separation of a prisoner from other prisoners may be extended with the decision of the director of an establishment for a reasonable term, until the danger that warranted the isolation does not exist. In accordance with
the statutes of other penitentiary establishments, if needed, the term of separation of a
convict from other convicted persons may be extended based on the decision of the director of a penitentiary establishment for another thirty days. If these security measures
prove to be ineffective, the director of a penitentiary establishment motions before the
Director of the Penitentiary Department on transferring a convict or person endangering
the former to another prison facility. If there are relevant grounds for this measure, it is
not necessary to exhaust the initial term for filing the motion.
In the Parliamentary Report of 2015, the Public Defender recommended to the Minister
of Corrections to ensure the amendment of the penitentiary establishments’ statutes to
the effect of determining the maximum term for separation. This recommendation, however, has not been fulfilled.
The inspections conducted by the Special Preventive Group in the reporting period reviewed that the separation of inmates is widely practiced in penitentiary establishments.
71
72
48
To avoid self-injury, or damage to other persons and property, to prevent crimes and other offences in the
penitentiary institution, to prevent the non-compliance by an remand/convicted person of a lawful demand
of an employee of the Special Penitentiary Service, to repel attacks, to suppress collective disobedience
and/or mass unrest, the following security measures may be applied, on the basis of a justified decision, to
remand/convicted persons: a) isolation from other remand/convicted persons.
In particular, the decision about placing a convicted person separately from other convicts for a reasonable
time is made by the director of a penitentiary establishment following the request of a convict or on the
director’s own motion if the statutory grounds are met. In the absence of the director of a penitentiary
establishment, an official in charge orders separation of a convict from other convicts for a maximum of 24
hours. The Director decides on the separation of a convict from other convicts in the form of an Order.
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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