A/HRC/31/57/Add.3
juvenile detention establishments he visited (one pretrial and the other for convicted
children), the facilities were better than adequate, and significantly better than the adult
facilities. Juvenile detainees enjoy more sports opportunities than their adult counterparts,
even when in pretrial detention, and educational and other opportunities are also amply
available.
101. With regard to pretrial detention, however, the Special Rapporteur notes with
concern that children, in violation of the Juvenile Justice Code, are not kept separate from
adults during, inter alia, meal times or while being transported, which could expose them to
the risk of ill-treatment.
102. The Special Rapporteur was informed that, in 2014, a programme aimed at diverting
juveniles away from criminal activities was implemented throughout the country, and that,
as at June 2015, 888 children had been diverted away from the criminal justice system,
therefore allowing first-time offenders to avoid a criminal conviction.
103. The Special Rapporteur takes note of the legislative reform of the juvenile justice
system adopted in March 2015, and of the new Juvenile Justice Code, adopted in June. He
is pleased to note that the new code introduces a child-friendly approach to children in the
criminal justice system, including children in conflict with the law, child victims and child
witnesses of crime; that the reform brings juvenile justice legislation in Georgia closer to
conformity with international standards, particularly in certain areas, such as the mandatory
specialization of justice professionals; the use of detention as a measure of last resort and
for the shortest period of time; increased recourse by courts to diversion programmes and
the minimization of prosecutors’ participation in mediation processes; regular revision of
the use of pretrial detention; and strengthening an individualized approach through the
introduction of individual assessment reports at all stages of criminal proceedings.
IV. Conclusions and recommendations
A.
Conclusions
104. The Special Rapporteur notes a large degree of success in the implementation
of reforms made following the parliamentary elections in Georgia in October 2012. In
order to make the fight against torture and ill-treatment a priority, significant efforts
and resources have been made to prosecute past crimes of torture and ill-treatment
and to convict perpetrators, to build new and to improve prison infrastructure, and to
effect extensive policy changes, as well as to ensure the effective application of these
measures.
105. The Special Rapporteur concludes that physical violence, including corporal
punishment, verbal mistreatment and forced confessions, has been almost totally
abolished in Georgian prisons. Cell conditions, food and medical care are generally
satisfactory. By significantly reducing its prison population while at the same time
investing in new and better prison infrastructure, the Government has managed to
eliminate overcrowding and many of its detrimental consequences.
106. Nevertheless, the Special Rapporteur has identified significant room for
improvement in the overall conditions of detention and the rights of inmates: access to
open areas, telephone calls and visits is currently far too restrictive; there is a notable
lack of meaningful activities; and the use of isolation, for disciplinary or other
measures, is highly unsuitable. Furthermore, mental issues, including depression and
post-traumatic stress, go untreated, resulting in, inter alia, self-inflicted injuries and,
in some cases, suicide.
17
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