the dining area and back in two coordinated lines. The convicted persons are obliged to clean corridors in their living blocks.68 It should be noted that, as a result of the influence of the criminal underworld existing in penitentiary establishments, for the majority of convicted persons, it is unacceptable to clean corridors and walk in sync. There were cases when prisoners transferred to penitentiary establishment no. 16 refused to stay in this establishment as it was unacceptable for them to comply with the above rules. Besides, as of December 2018, in penitentiary establishment no. 16, there were 153 convicted persons whereas the limit of this penitentiary establishment is set at 856 convicted persons. These facts clearly show that the rules existing in penitentiary establishment no. 16 negatively affects the motivation of convicted persons to be transferred to a low-risk establishment for serving their sentence. All the above-mentioned shows that the shortcomings of the legislation governing risk assessment and the existing relevant practice do not contribute to convicted persons’ risk reduction and rehabilitation. Deprivation of liberty is still perceived mainly as a punishment and in the interests of the public’s safety maintained through the isolation of convicted persons from the outside world, and less attention is paid to the fulfilment of the objectives of rehabilitation and resocialisation, which in its turn leads to a formalistic approach to the risk assessment system. 2.3.7. SEPARATION OF PRISONERS FOR SECURITY MEASURES The ground for placing prisoners separately is determined by Article 57.1.b) of the Imprisonment Code.69 The procedures of the application of the measure concerned are governed by the statutes of penitentiary establishments that are approved by the respective orders of the Minister of Correction and Probation of Georgia. It is noteworthy that different rules apply to the separation and extension of separation by the statutes of semi-open, closed-type and special-risk prison facilities. Under the statutes of semi-open establishments,70 a director, based on a prisoner’s application or his/her own motion, provided there are relevant grounds present, takes a decision about placing a prisoner separately for a reasonable time until the respective threat is resolved. In case of necessity, the decision 68 Under Article 32.3.d) of the statute of the Penitentiary Establishment no. 16 of the Ministry of Corrections and Probation of Georgia, a convicted person shall be obliged to maintain personal hygiene, keep his/her clothes, bed, special living space, hall, corridor, staircase and workspace neat and clean. 69 Based on a reasoned decision, a prisoner may be separated from other prisoners in order to prevent self-harming, harming another person, damaging property, crime and other violation in the establishment; also in cases of an accused/convicted person disobeying a legal request of a penitentiary officer, self-defence, group disobedience, and/or to prevent mass disorder. 70 Penitentiary establishments nos. 12, 14, 15 and 17. 32

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