Situation during visit (See: E/CN.4/2006/6/Add.3) Information received in the reporting period Preventive Mechanism and relevant amendments to the Organic Law on Public Defender have been made. The Public Defender established Preventive and Monitoring Unit within the Office which is mandated to carry the functions of the national preventive mechanism, i.e., visit and monitor all places of deprivation of liberty in Georgia. The prevention and Monitoring unit under the Public Defender conducts monitoring of temporary detention cells, penitentiary institutions, military detention cells, child care institutions, psychiatric institutions, homes for the elderly. The Prevention and Monitoring team has elaborated monitoring methodologies for all types of institutions separately which serve as a guideline for the monitoring. Non-governmental sources: Despite the commendable work of the Public Defender and the NPM, there is room for improvement of the system. The NPM is reportedly unable to monitor all places of detention comprehensively, given the reported number of some 24.000 detainees held within the prison system alone. The creation of the NPM has reportedly been used as an excuse to abandon public Non-governmental sources: There are no oversight in places of detention. Although independent monitoring systems in place. it is generally admitted that there have The Local Monitoring Commissions been problems with the functioning of cannot be considered independent since these committees, their complete abolition A/HRC/19/61/Add.3 82 Recommendations (E/CN.4/2006/6/Add.3) Convention against Torture, establish a truly independent monitoring mechanism. Steps taken in previous years (See: A/HRC/4/33/Add.2, A/HRC/7/3/Add.2 and A/HRC/16/52/Add.2) (OPCAT). In summer 2006 monitoring councils for psychiatric hospitals and orphanages were set up under the Public Defender‘s office; In December 2008, the Ministry of Justice presented a draft proposal regarding the designation of the Public Defender of Georgia as national preventive mechanism (NPM) in accordance with OPCAT. Article 93 of the Law on Imprisonment refers to Local Monitoring Commissions and the criteria for the appointment of the Members; Ministry of Justice Decree No. 2190 sets out the corresponding rules; Local Monitoring Commissions may enter a penitentiary institution at any time without prior notification of the prison administration to conduct monitoring, receive complaints etc. On the basis of a 2004 Memorandum of Understanding between the Ministry of Interior and the Public Defender, representatives of NGOs authorized by the Ombudsman can enter temporary detention facilities without prior notice; although the possibility of sending reports to the Prosecutor‘s office is provided, this has not been done in more than three years.