It is worth noting that the frequent use of handcuffs in the establishment N3 (123 cases) shows routine nature of its use by the employees of this establishment. Such practice may cause conflicts between the employees and prisoners and hinder maintaining safe environment and order under conditions of human rights protection. PROPOSALS TO THE PARLIAMENT OF GEORGIA • Amend the Imprisonment Code to introduce prohibition on the use of tear gas in closed spaces. • Amend the Imprisonment Code to define the types of non-lethal weapons. • Amend the Imprisonment Code to prohibit handcuffing of a person to a fixed object. RECOMMENDATION TO THE MINISTER OF CORRECTIONS • Secure thorough supervision and control to ensure that handcuffs are not used routinely at the establishment N 3. 2.4. PRISON CONDITIONS 2.4.1. PHYSICAL ENVIRONMENT AND SANITARY-HYGIENIC CONDITIONS According to European Prison Rules, the building provided for prisoners, and in particular all sleeping accommodation, shall respect the requirements of human dignity and, as far as possible ensure the feasibility of solitude. Health and hygiene requirements shall also be protected, taking into consideration the space, airing and HVAC conditions and lighting.49 In all buildings where prisoners live, work or congregate: the windows have to be large enough to enable the prisoners to read or work by natural light in normal conditions, fresh air circulation shall also be ensured, except where there is an air conditioning system; artificial light shall satisfy recognized technical standards; there must be an alarm system that enables prisoners to immediately contact the staff.50 According to the ECtHR case-law, apart from ill-treatment and inhuman treatment, violation of Article 3 of the European Convention can be caused by the circumstances in which a person has to live. Following one of the basic principles of the European Rules, lack of resources cannot justify the prison conditions which constitute inhuman treatment.51 49 Rule 18.1 50 Rule 18.2 51 Rule 4 52 NATIONAL PREVENTIVE MECHANISM (NPM), 2015

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