Rules to secure confidentiality of meetings of the representatives of the Public Defender/members of the Special Preventive Group and prohibit any kind of eavesdropping
and surveillance. However, this recommendation was not implemented. The Public Defender requires changing relevant provisions of the Regulations Concerning Visual and/
or Electronic Means of Surveillance and Control, Storage, Deleting and Destroying the
Recordings and the Imprisonment Code in relation to the Public Defender/members
of the Special Preventive Group. The existing provisions contradict Article 19 (3) of the
Organic Law Concerning the Public Defender, according to which the meetings of the
Public Defender/members of the Special Preventive Group with detainees, those imprisoned or otherwise deprived of liberty, convicted persons, should be confidential. Any
kind of eavesdropping and surveillance is prohibited.
PROPOSAL TO THE PARLIAMENT OF GEORGIA
• Amend the Imprisonment Code and insert the requirement of confidentiality of the Meetings of the Public Defender/members of the Special Preventive Group with the accused/convicted person and prohibition of any kind of
eavesdropping or surveillance.
RECOMMENDATIONS
RECOMMENDATIONS TO THE MINISTER OF CORRECTIONS
• Change the Ministerial Order Approving the Regulations Concerning Surveillance and Control by Visual and/or Electronic Means, Storage, Deleting and
Destroying Recordings and insert the clause according to which the meeting
of the Public Defender/member of the Special Preventive Group with the accused/convict is confidential and any kind of eavesdropping or surveillance is
prohibited.
• Formulate the Ministerial Order about the Regulations Concerning Surveillance and Control by Visual and/or Electronic Means, Storage, Deleting and
Destroying Recordings so that it contains information about the circumstances that made surveillance and control through visual and/or electronic means
necessary and without any alternatives.
• Take all reasonable measures to ensure that surveillance with electronic
means is carried out only if other measures are ineffective and for so long as
they are strictly necessary, taking into account specific circumstances; ensure
that the decisions about electronic surveillance are properly substantiated.
46
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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