does not concern the provision according to which living space standard per an remand
person in a detention facility shall not be less than 3 m2.114 The Public Defender is of the
opinion that placement of remand/convicted persons in such conditions is in breach of
the standards established by the European Committee for the Prevention of Torture (CPT).
The CPT developed a strict standard for the minimum amount of living space that a prisoner should be afforded in a cell. According to this standard, 6m² of living space should be
afforded for a single-occupancy cell. 4m² of living space should be afforded per prisoner
in a multiple-occupancy cell. As the CPT has made clear in recent years, the minimum
standard of living space should exclude the sanitary facilities within a cell.
When devising the standard of 4m² of living space, the CPT had in mind, on the one hand,
the trend observed in a number of western European countries of doubling up 8 to 9m²
cells that were originally designed for single occupancy, and, on the other hand, the existence of large-capacity dormitories in prison establishments (colonies) in various central
and eastern European countries.
CPT has decided to promote a desirable standard. According to CPT, it would be desirable
for a cell of 8 to 9m² to hold no more than one prisoner, regarding multipleoccupancy cells
of up to four inmates by adding 4m² per additional inmate to the minimum living space of
6m² of living space for a single-occupancy cell.115
Therefore, the Public Defender of Georgia observes that the penitentiary establishments
should afford the following standards: multiple occupancy cells for up to four inmates by
adding 4m² per additional inmate to the minimum living space of 6m² for a single-occupancy cell.
3.5.3. PHYSICAL ENVIRONMENT
In accordance with the Nelson Mandela Rules, all accommodation provided for the use of
prisoners and, in particular, all sleeping accommodation shall meet all the requirements
of health, with due regard being paid to UN Standard Minimum Rules for the Treatment
of Prisoners; climatic conditions and particularly to cubic content of air, minimum floor
space, lighting, heating and ventilation.116
In all places where prisoners are required to live or work: (a) the windows shall be large
enough to enable the prisoners to read or work by natural light and shall be so constructed that they can allow circulation of fresh air irrespective of whether there is artificial
ventilation; (b) sufficient artificial light shall be provided s for the prisoners to read or
work without injury to eyesight.117
114 See, Article 15.3 of the Imprisonment Code.
115 See European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “Living space per prisoner in prison establishments”, Strasbourg, 15 December 2015, paras. 9-18;
available at: <http://www.cpt.coe.int/en/working-documents/cpt-inf-2015-44-eng.pdf> [Last visited on 22.
02. 2017].
116 Rule 13.
117 Rule 14.
NATIONAL PREVENTIVE MECHANISM (NPM), 2016
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