payment can have access to legal aid, unless otherwise provided by law. The mandate of public law entity ‘Legal Aid Service’ does not envisage provision of free legal aid to victims of torture at places of deprivation or restriction of liberty. Elimination of results of torture and other forms of ill-treatment, protection and rehabilitation of victims is one of the main aims of the 2015-2015 Action Plan for the Fight against Torture. In order to secure achievement of these goals, the following needs to be done: formation of the state program for rehabilitation of victims and planning necessary activities; analysis and further improvement of legislation in order to secure effective legal aid and legal protection for victims.16 Even though these questions have been integrated into the action plan for the fight against torture, there is no state program in Georgia that secures rehabilitation of victims of torture in the penitentiary system. The existence of legislative framework and programs is essential to secure availability of adequate rehabilitation services for victims of torture and other forms of ill-treatment in the penitentiary system. In addition to the problems listed above, it was established as a result of monitoring of penitentiary establishments in the reporting period that criminal subculture in the penitentiary establishments creates serious danger of ill-treatment of prisoners and frequently causes violence and subjugation among prisoners. The Public Defender believes that it is necessary for the state to take a range of measures to eradicate criminal subculture in penitentiary establishments, albeit without jeopardizing rights and safety of prisoners while seeking the achievement of this objective. RECOMMENDATIONS RECOMMENDATIONS TO THE GOVERNMENT OF GEORGIA • Take all the necessary measures to introduce the state program for rehabilitation of torture victims. PROPOSALS TO THE PARLIAMENT OF GEORGIA • Amend Article 1441 of the Criminal Code of Georgia to indicate that torture may be committed with the acquiescence of an official or a person acting in the official capacity. • Amend Georgian Law on Legal Aid so that adequate legal aid is secured for the alleged victims of ill-treatment in all cases. 16 2015-2016 Action Plan of Fight against Torture, Inhuman, Crucial or Degrading Treatment or Punishment, p. 21, available at http://police.ge/files/MONITORING/Documents/Action%20Plan%20 15-16.pdf 24 NATIONAL PREVENTIVE MECHANISM (NPM), 2015