2. SITUATION IN PENITENTIARY ESTABLISHMENTS 2.1. GENERAL OVERVIEW The effective fight against impunity is essential for preventing torture and ill-treatment. The state is obliged to adequately react to the allegations of torture and ill-treatment. Notwithstanding the initiation of investigations into alleged facts of ill-treatment of prisoners at penitentiary establishments, not a single employee of these establishments was convicted for ill-treatment in 2015. Consequently, the position of the Public Defender as regards the necessity of creating an independent investigative mechanism to conduct effective investigation into allegations of torture, inhuman and degrading treatment remains unchanged. In order for the definition of torture under the UN Convention against Torture be adequately internalized in national criminal legislation, Article 1441 of the Criminal Code of Georgia should be amended to specify that torture may be committed with acquiescence of a public official or other person acting in an official capacity. The eradication of the effects of torture and other forms of ill-treatment, protection and rehabilitation of victims is one of the main elements of the fight against torture. The Public Defender expresses regret over the absence of any kind of state program securing rehabilitation of victims of torture in the penitentiary system. Criminal sub-culture existing in these institutions creates a serious threat of ill-treatment and often leads to violence and oppression. The failure to document ill-treatment in penitentiary establishments in a timely and methodical manner and absence of the legal obligation imposed upon doctors to report directly to investigative authorities are subject of concern. Presence of representatives of the prison administration at the meeting of the prisoner and the doctor violates medical confidentiality. Prison administrations are obliged to secure order and safety. The Special Preventive Group found their security and supervision practices problematic. There is a tendency of isolating prisoners for long periods of time, including in de-escalation and safe rooms, without sufficient grounds. Besides, in some establishments, the use of special means, such as handcuffs is frequent and appears to be routinely applied. There are other challenges, such as those related to the practice of exercising surveillance and control through visual and/or electronic means in penitentiary establishments; compatibility of the Rules about Storing, the compliance of Deleting and Destroying Recordings with international standards of human rights; As well as the practice according to which orders authorizing electronic surveillance contail little information and are of a formal nature. NATIONAL PREVENTIVE MECHANISM (NPM), 2015 15