for a longer and indefinite period of time. Imprisonment does not in itself imply the imposition of additional restrictions on prisoners and, therefore, their use must be justified.56 Being in solitary confinement for months and years is in direct violation of international standards and in the view of Public Defender constitutes ill-treatment.57 In the 2018 report of the National Preventive Mechanism, the Public Defender issued a recommendation requesting the establishment of a maximum term for the isolation of prisoners, as well as setting forth of an obligation to review the isolation measure in 14 days after the application and thereafter, at the same interval.58 It is unfortunate that this recommendation remains unimplemented. 2.3.2.3. Placing prisoners in de-escalation rooms and solitary (safe) cells as ill-treatment Despite the recommendations of the Public Defender over the years, in 2020 there are still prolonged as well as unjustified and punitive placement of prisoners in the de-escalation rooms and solitary (safe) confinements, 59 which the Public Defender assesses as equal to cruel, inhuman and degrading treatment. Prolonged placement of prisoners in de-escalation rooms and solitary (safe) cells The recommendation issued to Georgia by the European Committee for the Prevention of Torture in 2018 states that the maximum time for a person to be placed in a de-escalation room should not exceed 24 hours.60 The Public Defender has for years demanded a reduction of placement of a prisoner in the deescalation room to 24 hours. Nevertheless, according to the regulations of the penitentiary establishments, the deadline for the transfer of the accused/convict to the de-escalation room is still 72 hours. In addition, there is no limit to the number of times a prisoner can be placed for security reasons in a de-escalation room and solitary confinement. Monitoring visits to the establishments N2, N3, N6 and N8 in 2020 show that in most cases, prisoners are transferred to a de-escalation room and solitary (safe) cells for a maximum period of time, with the same person being held virtually continuously for days, at internals of minutes and hours. Thus, for example, in the facility N3 in one case a prisoner was transferred to the de-escalation room 27 times between February and June 2020, of which 4 times the inmate was placed in a de-escalation room at virtually uninterrupted intervals of 9, 7, 6 and 4 days. In addition, in some cases, the same hour and minute are indicated for the release from and entry of a prisoner to the de-escalation room, which raises a reasonable suspicion that 21st General Report of the European Committee for the Prevention of Torture, para. 55. CPT/Inf (2011) 28 https://rm.coe.int/1680696a88 [Last visited 31.01.2021] 57 See the judgment of the European Court of Human Rights in the case of HARAKCHIEV AND TOLUMOV v. BULGARIA App. nos. 15018/11 and 61199/12, para. 204. 58 National Prevention Mechanism 2018 Report, p. 55, available at the address: https://www.ombudsman.ge/res/docs/2020011615511256803.pdf [last visited 01.01.2021] 59 According to the statutes of penitentiary establishments, for the purpose of preventing the accused/convict from harming himself/herself, others and property, for preventing crime and other violations in the institution, for disobeying the personnel, in order to repel the attack, group disobedience and/or prevent mass riots, the accused/convict may be placed in solitary confinement for no more than 24 hours by order of the director of the establishment. 60 Report on the visit of the European Committee for the Prevention of Torture to Georgia on 10-21 September 2018 (CPT/Inf (2019) 16), para. 94, available in English at: <https://rm.coe.int/1680945eca> [last visited: 31.01.2021] 56 37

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