• Ensure that prisoners participate in diverse activities focused on rehabilitation;
• To give the possibility of employment to the life sentenced convicts placed in
the penitentiary institutions;
• Ensure full support to life sentence prisoners to maintain ties with their families.
PROPOSAL TO THE PARLIAMENT OF GEORGIA:
• To amend the Imprisonment Code and increase the number of short and longterm visits for the inmates sentenced to life imprisonment.
2.6.4. ACCUSED INDIVIDUALS IN DETENTION
According to Article 3 para 19 of the Criminal Procedure Code of Georgia, the accused is
a person against whom there is a probable cause suggesting that he/she has committed
an offence provided for by the Criminal Code of Georgia.
The accused in detention is placed in the detention facility except the cases determined
by the Georgian legislation and/or in case of existence of the mixed type facility. In the
mixed facility the accused should be separated from the convicts as a minimum by the
separate living spaces.225 In the reporting period, the accused persons were placed in
the penitentiary establishments N2, N3, N5, N6, N7, N8 and N9. In December 2015,
1 316 accused individuals were in detention, out of them – 52 accused were women.
According to the Imprisonment Code of Georgia, immediately upon the admission of
an accused/convicted person to a facility, the designated person shall inform him/her
of the rights and obligations.226 According to para 119 of the UN Standard Minimum
Rules for the Treatment of Prisoners, Every untried prisoner has the right to be promptly
informed about the reasons for his or her detention and about any charges against him
or her. It is noteworthy that the majority of prisoners placed in the penitentiary facility,
including the accused, are not aware of their rights.
Accused individuals should be placed separately from the convicts.227 It should be noted
that placing the convicts and the accused together constitutes a problem in the penitentiary establishments N2, N3 and N8. The accused individuals and convicts were placed
together in the above facilities during the visit of the Special Prevention Group. Besides,
the cases of conflicts were revealed in the penitentiary establishment N2. In one case
225 Imprisonment Code of Georgia, Article 9.
226 Imprisonment Code of Georgia, Article 97, para 1.
227 Nelson Mandela Rules, Rule 119.
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
143
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