Situation at Penitentiary Establishments AMNESTY It should be noted that for years, number of prisoners in the penitentiary establishments have been increasing rapidly, causing difficulties in meeting with relevant standards. On January 12t, 2013, Georgian Parliament adopted law of Georgia “On amnesty” serving as a legal basis for releasing several thousands of prisoners from penitentiary establishments. According to the data from February 28th, 2013, as a result of the amnesty 8044 defendant/ convicts left altogether penal and penitentiary establishments located on the territory of Georgia. We believe that against the backdrop of the reduction of the prisoners the Ministry of Corrections, Probation and Legal Assistance will have easier task of creating suitable conditions for prisoners and complying with the national and international standards. Accordingly, with this view we welcome such large-scale amnesty. On the other hand, prior to the adoption of the law on amnesty it was not studied in details convicts of what category were to be released and based on their social and economic situation what they should expect in the future. In the opinion of the Special Preventive Group, it would have been better prior to their release to create elementary conditions for resocializaiton and employment of former convicts that would have prevented many of them from returning to a prison. Herewith we shall also stress necessity of more liberalization of the Criminal law and cancellation of the summarizing principle. Otherwise, in several years the number of prisoners would again reach the critical level. The strict criminal legislation polices shall be replaced by well-calculated and planned state policy of resocialization and rehabilitation. Suggestions to the Parliament of Georgia: To introduce relevant amendment into the Georgian Criminal Code in order to replace the current combining principle with absorption principle; To implement measures necessary for decriminalization of several, less dangerous for the public crimes – first of all, drug related crimes. 2012 NPM Report

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