are not provided with 4 sq.m. living space.114 At the same time, during the visit of the National Preventive Mechanism in the Establishment N17, the number of inmates in a significant part of the cells exceeded 2 dozen, and in one of the cells there were 32 inmates. Given the sanitary-hygienic conditions in these cells, it is clear that such cells pose a major challenge in terms of the spread of infection. Clearly, in order to prevent infection, it is necessary to facilitate the keeping the physical distance, and for this purpose the concentration of inmates in one space should be avoided as much as possible.115 In addition, the degree of observance of sanitary-hygienic norms should be increased in the establishments, for which all convicts should be provided with the necessary means of personal hygiene at the expense of the state.116 Furthermore, it is important that medical masks, in accordance with the relevant rules, are used by convicts who have symptoms of respiratory diseases. The Public Defender pointed out already in May117 that in all penitentiary establishments a risk of infection transmission should be assessed and a well-considered plan for the prevention and control of COVID-19 should be prepared. In the preparation of this plan a questionnaire prepared by the World Health Organization to assess the readiness of COVID-19 prevention and control in penitentiary institutions and other places of detention should be used,118 Besides, consideration should also be given to the possibility of early release and non-custodial measures in order to reduce the number of prisoners.119 In the opinion of the Public Defender, the existence of a COVID-19 prevention and control plan in penitentiary institutions is vital as the COVID-19 pandemic cannot be eradicated in the nearest future and a repeated epidemiological wave is not ruled out (contingency planning)120. In addition, once the vaccination against COVID-19 becomes possible in the country, it is important that vaccination of penitentiary staff and prisoners be carried out. According to the Article 15 (2) of the Law on Imprisonment of Georgia, the living space for 1 convict in the medical institution of accused/convicts and in the penitentiary institutions should not be less than 4 sq.m. meter. 115 Preparedness, prevention and control of COVID-19 in prisons and other places of detention (Interim guidance), WHO, March 2020, p. 9. 116 Recommendations of the Subcommittee on Prevention of Torture to the State Parties and National Prevention Mechanisms on Coronavirus Pandemic (Adopted 25 March 2020), paragraph 9 (j). 117 The report is available on the link: https://bit.ly/3oorYor [Last visited: 26.01.2021]. 118 The questionnaire is available at the following address: <https://bit.ly/2XWHcWR>. [Last visited: 26.01.2021]. 119 Recommendations of the Subcommittee on Prevention of Torture to the State Parties and National Prevention Mechanisms on Coronavirus Pandemic (Adopted 25 March 2020), paragraph 9 (b). 120 Preparedness, prevention and control of COVID-19 in prisons and other places of detention (Interim guidance), WHO, March 2020, p. 12. 114 51

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents