chase of food, which is carried out similarly in practice. CPT has recommended to the
government of Georgia, to “take measures to ensure that disciplinary confinement does
not amount to prohibition on family communication. A ban on any contact with the
family as a form of punishment should be used only when a crime is related to such contacts”.133 In this regard, in 2012, the Public Defender addressed the Parliament with the
proposal of relevant modifications to the Imprisonment Code, while the 2013 and 2014
parliamentary report underlined the need for this article to change. However, Article 88
of the Imprisonment Code remains unchanged.
Before imposing disciplinary sanctions, prison administrations shall consider whether
and how a prisoner’s mental illness or developmental disability may have contributed to
his or her conduct and the commission of the offence or act underlying the disciplinary
charge. Prison administrations shall not sanction any conduct of a prisoner that is considered to be the direct result of his or her mental illness or intellectual disability.134 According to the 2007 Istanbul statement on the use and effects of solitary confinement,135 the
use of solitary confinement should be completely banned with prisoners with mental
health problems. It is prohibited to use solitary confinement with prisoners with mental
or physical disabilities, when it is possible that such measure will aggravate their condition.136
2014 Annual Report of the Public Defender addressed the Minister of Corrections, to
take appropriate measures to prevent placement of prisoners with mental health problems in solitary confinement cells, but in 2015, prisoners with the mental health problems were placed under solitary confinement at the establishments N2 and N3 of the
Penitentiary Department. For example, one of the prisoners with mental health problems of N3 establishment was subjected to disciplinary sanctions for 5 times in the first
4 months of 2015, 2 out of which were the solitary confinement. Similarly, other prisoners, who had a personality disorder, were subjected to disciplinary sanctions 3 times in
the first 4 months of 2015, including, in one case the solitary confinement.
According to European Prison Rules, punishment shall not include a total prohibition
on family contact.137 According to the Imprisonment code, simultaneous restrictions on
telephone conversation, sending and receiving of the private correspondence and short
visits is prohibited.138 In 2015 study of the disciplinary punishment practice in the establishment N7, revealed that in 19 cases the prisoners were fully restricted the contact
133 The CPT report on the visit to Georgia in 2010, para. 115, see the link: <http://www.cpt.
coe.int/documents/geo/2010 27-inf-eng.htm> [last accessed20.01.2016].
134 Nelson Mandela Rules. Rule 39.3.
135 International Psychological Trauma Symposium (2007), The Istanbul Statement on the use and
effects of solitary confinement.
136 Nelson Mandela Rules. Rule 45.2
137 Rule 60.4.
138 Article 82, (5).
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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