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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