not sent to the addressees.135 It also happens frequently that the administration does not provide the
prisoner with confidential envelopes. Unfortunately, some of the complaints boxes in Establishment
No. 8 are under video surveillance, which makes it possible to identify the author of a confidential
complaint.
The violation of confidentiality was witnessed by the Special Preventive Group as well. While visiting
Establishment No. 2, members of the Group noticed an open envelope of a confidential complaint at
the chancellery, the addressee of which was the Public Defender. A day earlier, the envelope (sealed)
was handed over by one of the prisoners to the Special Preventive Group, which was asked to help in
sending the complaint. To this end the envelope was handed over to the social worker. The Public
Defender addressed the Minister of Justice of Georgia136 with a proposal to respond to the above case.
According to the information provided by the Special Penitentiary Service, the Monitoring Department
conducted an official inquiry and disciplinary sanctions were imposed on the social worker and the
employee of the chancellery of Establishment No. 2 for failing to check the improperly sealed envelope
(with a toothpaste). The Special Preventive Group disagrees with the conclusion made by the
Monitoring Department and is confident that the envelope was handed over to the social worker in a
properly sealed condition, as members of the Special Preventive Group carefully checked the envelope
before handing it to the social worker.
It should be noted that unrestricted contact with the Public Defender is an important safeguard against
ill-treatment, especially for prisoners whose presence in social isolation carries a high risk of illtreatment. It is important that the Imprisonment Code be amended and high-risk prisoners be given
the opportunity to contact the Public Defender and other inspection bodies anytime.
According to the regulations of the penitentiary facilities, prisoners can contact the Public Defender
via hotline only at certain hours and at their own expense. On August 15, 2019, the Public Defender
of Georgia appealed against the norms, which subject communication with the Public Defender’s Office
to special regulation, to the Constitutional Court of Georgia.
Prisoner's rights/responsibilities: It is important for the prison administration to promptly provide every
prisoner with written information about his or her rights and responsibilities upon admission to the
facility, as well as all other matters necessary to enable the prisoner to adapt himself or herself to the
life of the prison.137 During monitoring, most of the detainees interviewed in Establishments Nos. 2, 8,
14 and 15 were not informed about their rights, complaints mechanism, disciplinary punishment or
135
According to one of the prisoners, one of the doctors seized a complaint drawn up by him against medical staff.
Two prisoners mentioned that they had sent letters to the Public Defender's Office, however, it turned out that
their letters have not been received by our Office.
136 Letter No. 03-2/ 0583 of the Public Defender, October 1, 2019.
137 Nelson Mandela Rules, Rule 54.
54
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