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According to para 54 of the Nelson Mandela Rules, upon admission, every prisoner shall
be promptly provided with written information about: His or her rights, including authorized methods of seeking information, access to legal advice, including through legal aid
schemes, and procedures for making requests or complaints. Paragraph 61 of the same
Rules stipulates that prisoners shall be provided with adequate opportunity, time and
facilities to be visited by and to communicate and consult with a legal adviser of their
own choice or a legal aid provider, without delay, interception or censorship and in full
confidentiality, on any legal matter, in conformity with applicable domestic law. In cases in which prisoners do not speak the local language, the prison administration shall
facilitate access to the services of an independent competent interpreter. In 2015, the
service of translation was used in 435 cases in the penitentiary establishments.249
It is noteworthy that the majority of the foreign language speaking prisoners is not
aware of their rights. In most of the cases the inmates are not informed on their rights,
since the employees of the establishment’s social service do not speak the language.
The communication is also difficult with other employees of the institution.
Article 14 (1) (c) of the Imprisonment Code of Georgia enshrines the right of the prisoners to a meeting with close relatives, with a defence lawyer, with representatives of a
diplomatic mission or a consular office, and with other diplomatic representatives. According to Article 62 of the Nelson Mandela Rules, Prisoners who are foreign nationals
shall be allowed reasonable facilities to communicate with the diplomatic and consular
representatives of the State to which they belong. In accordance with para 37.1 of the
European Prison Rules, prisoners who are foreign nationals shall be informed, without
delay, of their right to request contact and be allowed reasonable facilities to communicate with the diplomatic or consular representative of their state. It is worthwhile noting
that during the conversation with the Special Preventive Group, the prisoners of the
penitentiary institution N8 explained that in a number of cases, they cannot address the
consular office or diplomatic representatives of their countries since the meeting with
the social worker is difficult and besides, they cannot use the telephone.
According to Rule 68 of the Mandela Rules, Every prisoner shall have the right, and shall
be given the ability and means, to inform immediately his or her family, or any other
249 The above amount does not include the data of the facilities N14 and N17, since the relevant information was not provided by the institutions.
154
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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