A/HRC/7/3/Add.2 page 50 214. According to information received from non-governmental sources, in comparison with 2004 when the figure was 6,654, the overall number of pre-trial detainees and convicts is 19,353 by November 2007. The official capacity of the prison system is 15,040. While all international bodies continue to express concern at the considerable increase in the number of prisoners and recommend the use of alternatives to detention and early release opportunities, the Government continues to point to programmes relating to the refurbishment and construction of new facilities in progress. The CPT reported: “The fact that Georgia locks up so many of its citizens cannot be convincingly explained away by a high crime rate; the policy of “zero tolerance on crime” and the general outlook of law enforcement agencies, prosecutors and the judiciary must, in part, be responsible. It would be extremely difficult for a prison-building programme to keep up with such a fast-growing demand, bearing in mind that budgetary resources are limited and will be necessary, not only for the construction of physical infrastructure, but also for the training and remuneration of additional staff, the provision of activities to prisoners, etc. The CPT is convinced that the only viable way to control overcrowding and achieve the Committee’s standard of at least 4 m² of living space per prisoner is to adopt policies designed to limit or modulate the number of persons sent to prison. In this connection, the Committee must stress the need for a strategy covering both admission to and release from prison to ensure that imprisonment really is the ultimate remedy. This implies, in the first place, an emphasis on non-custodial measures in the period before the imposition of a sentence and, in the second place, the adoption of measures which facilitate the reintegration into society of persons who have been deprived of their liberty.” (CPT/Inf (2007)42). 215. According to further information received from non-governmental sources, the financial support to the Penitentiary Department increased even more than it appeared in the Government’s reply in the follow-up report (A/HRC/4/33/Add.2, para. 262). According to the Law on the Budget of Georgia for 2007 and the Draft Law on the Budget of Georgia for 2008, the funding allocation is the following: Year Total Budget 2005 (GEL) 15,828,100 2006 (GEL) 31 801 200 2007 (GEL) 76,246,000 2008 (GEL) 64,935,800 216. Non-governmental sources also expressed concern at the proposed amendment to the Law on Imprisonment, notably with regard to the punishment of prisoners. In particular they expressed doubts that the amendments are in compliance with fair trial standards (e.g. sufficient time and assistance to secure effective legal representation upon receipt of an order for administrative detention). 217. The Government informed that the fight against crime has become very efficient and the level of corruption among law enforcement officers has decreased significantly. Effectively functioning law enforcement institutions and the strong anticrime policy of the government contributed to the growth of prison population. The

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