RECOMMENDATIONS
TO THE MINISTER OF CORRECTIONS:
• To increase the time of being on fresh air for the accused individuals in detention;
• To take all necessary measures to ensure the involvement of the accused individuals in various valuable, interesting to them, events.
PROPOSAL TO THE PARLIAMENT OF GEORGIA:
• To amend the Imprisonment Code and determine the 4 square metres as a
minimum living space for the accused;
• To make a relevant amendment to the Imprisonment Code and in line with
the investigation interests, give the accused individuals in detention possibility to use the long-term visits.
2.6.5. VULNERABLE GROUPS
As it is known, GBT persons constitute a specially vulnerable group. The risks of discrimination, violence and stigmatization is high in the penitentiary institutions.
Within the framework of the visits231 carried out throughout 2015, the conditions of
GBT232 and most vulnerable groups233 of the penitentiary establishments were studied
and the existing risks and possible facts of harassment were revealed.
Persons, whose liberty is deprived, are under the complete control of the State, therefore, constitue one of the most vulnerable categories and the State is obliged to protect
them. In particular, to protect their health and well-being.234 States are responsible for
protecting prisoners’ security and dignity. States should take special measures for the
protection of lesbian, gay, bisexual and transgender individuals. Should ensure that they
do not become the victims of rape or other form of violence neither from the prisoners
nor from the personnel.235
231 Together with the Special Prevention Group, the Departments of Criminal Justice, Gender Equality
and Equality of the Public Defender’s Office of Georgia participated in the monitoring.
232 Gay, bisexual and transgender individuals.
233 Prisoners from the maintenance unit, responsible for cleaning.
234 European Court of Human Rights, 22 November 2011, paras 71-72, Makharadze and Sikharulidze
v. Georgia, European Court of Human Rights, 16 October 2008, Renolde v. France, para 83.
235 Council of Europe, Recommendation CM/Rec(2010)5 of the Committee of Ministers to
member states on measures to combat discrimination on grounds of sexual orientation or
gender identity, Marich 31, 2010, § 4;
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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