As regards the position of the Ministry, taking into account the state of infrastructure of
the establishment and its initial function (it was built as an investigative isolator), it is
difficult for the Public Defender to imagine how the establishment can be rehabilitated
so that the infrastructure corresponds to the standards for the institutions for deprivation of liberty. Consequently, the Public Defender reiterates its recommendation about
closing the establishment №7.
In most establishments, prisoners are not allocated standard living space of 4 square
meters, as required by the Imprisonment Code of Georgia. There are problems with securing natural and artificial ventilation, sanitary-hygienic conditions and privacy in sanitary facilities. Prisoners do not have the infrastructure necessary for physical exercise in
the yards in closed establishments.
It is worth noting that the infrastructure for long-term visits has been arranged at the
establishment №5. The situation has not changed in this regard at the penitentiary establishments №7, 8 and 9. The Public Defender gives negative assessment to the fact
that except for the establishment №8, none of the penitentiary establishments allocates
a special room for meetings of the Public Defender/members of the Special Preventive
Group with prisoners at any time, without visual surveillance through electronic means.
The Public Defender pointed out in a number of reports that conditions at penitentiary establishments should secure resocialization and reintegration of prisoners into the
society. The Public Defender welcomes various measures taken at penitentiary establishments to secure resocialization of prisoners. Despite these steps, the problem of
implementing rehabilitative activities at the establishments with special risk levels and
at medical establishments with units for long-term care remains acute.
The Public Defender highlights increase in the use of the measures of encouragement,
in comparison with the previous year. However, it is also worth noting that disciplinary
sanctions are also increasingly applied. Georgian legislation does not specify which disciplinary sanctions may be imposed in specific cases. Consequently, prison administration enjoys broad discretion in selecting appropriate sanctions. This increases the risk
of applying disciplinary sanctions disproportionately. In 2015, the instances of solitary
confinement of prisoners with mental health problems cause concern. It is also worth
noting that contacts with families are not allowed at the establishment №7 in connection with the application of sanctions.
Monitoring carried out in 2015 focused on the effectiveness of penitentiary healthcare
and existing challenges. The Public Defender welcomes measures aimed at full re-organization of medical department, review of standards of penitentiary healthcare and
increase in healthcare budget. Repairs were carried out in penitentiary establishments
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
17
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