2.3.4.4. Use of Special Means According to the information provided by the Ministry of Corrections, in 2015 only handcuffs were used as special means in penitentiary establishments. Particularly, there were 15 cases of using handcuffs in the establishment N2, 123 cases in the establishment N3, 22 cases in the establishment N6, 55 in the establishment N8, 1 in the establishment N15 and 3 in the establishment N17. In the Parliamentary Report of 2014, the Public Defender of Georgia highlighted the concerns that were not taken into account in the process of examining legal amendments to the Imprisonment Code defining special means and determining the rules of their use. The Public Defender underlines that integrating his recommendations in legislation and subsidiary normative acts is essential for securing human rights protection and existence of adequate legal guarantees when using special means. Particularly, legislation prohibits the use of pepper spray in a closed space. However, the use of tear gas in a closed space is not prohibited. The problem also lies in the absence of a clear definition of a non-lethal weapon and its various types. Apart from the above concerns, in the 2014 Report the Public Defender gave a recommendation to the Minister of Corrections to amend the Rules defining types of special means available to the organs of the correctional system, rules and conditions of storing, carrying and using them and determining the person authorized to use them, approved by the Ministerial Order N145 dated 12 September 2014 and to prohibit having the person handcuffed to a fixed object. As regards this recommendation, as indicated by the Ministry of Corrections, according to Article 6 of the mentioned Rule, handcuffing a person to a fixed object is impermissible and can only be used in the extreme cases when the legitimate aim defined by law cannot be achieved by other means. Accordingly, there is no need to issue such a recommendation because this question is already regulated by law in detail. The Public Defender cannot share this position and asserts that handcuffing a person to a fixed object should be prohibited, since this contradicts international standards of human rights. Such treatment may amount to inhuman treatment. Here it is necessary to invoke the approach of the European Committee for the Prevention of Torture, according to which if a detained person acts in an agitated or violent manner, the use of handcuffs can be justified. However, a person should not be handcuffed to a wall or fixed objects and should be under constant supervision in the adequate environment. If agitation of this person deteriorates his health, the law-enforcement officials should demand medical assistance and follow advice of doctors.48 48 The Report of the European Committee for the Prevention of Torture on the Russian Federation, CPT/ Inf(2013)41, N52, p.29. NATIONAL PREVENTIVE MECHANISM (NPM), 2015 51