ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 2013 each cell for eight people. It follows that even if only 4 prisoners are accommodated in a cell for eight people, the actual area that usable by prisoners is narrow enough. The same is true for cells designed for four people. The European Committee for the Prevention of Torture (CPT), after its visit to Georgia in 2012, recommended the Georgian Government to provide every inmate in the penitentiary institutions nos. 2 and 8 with at least 4 m² of living space in the multi-occupancy cells and to remove excess beds.42 In assessing daily conditions of living from the perspective of Article 3 of the European Convention on Human Rights, the European Court of Human Rights pays attention, in addition to personal living space, other aspects of physical environment such as the ability to exercise outside, natural lighting, natural and artificial ventilation, appropriate heating, privacy in toilets, sanitation and hygiene.43 In Peers v. Greece, the Court deemed that the sharing of a cell with an area of 7 square meters between two inmates was a violation of Article 3 of the European Convention on Human Rights coupled with the fact that there was a lack of ventilation and daylight.44 Our monitoring revealed improper conditions for living in the Penitentiary Institution No. 7. The cells in the Institution have small windows (75x43 cm) covered with several layers of iron bars making the entry of air and sun beams into the cells virtually impossible. The ventilation system existing in the institution does not provide sufficient movement of fresh air. Damp cells are ill lit and insufficiently heated. It is planned to replace the windows in the Institution No. 7. However, the new windows will not open and thus the current problem of insufficient fresh air in the cells will not be remedied. As our group has found out on the spot, the works to replace the existing windows have already started. In particular, they have already installed pipes in the walls to provide artificial ventilation to compensate for the lack of fresh air. According to Article 15(4) of the Georgian Code of Imprisonment, the premises where remand prisoners and convicted prisoners are accommodated must have windows to ensure natural lighting and ventilation. Prisoners must be provided with heating as well. Pursuant to Rules 10 and 11 of the Standard Minimum Rules for the Treatment of Prisoners adopted in Geneva in 1955, all accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation. The windows shall be large enough to enable the prisoners to read or work by natural light, and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation. In regard to the planned installation of new windows in the Penitentiary Institution No. 7, on 16 December 2013, the Public Defender addressed the Minister of Corrections with a recommendation. In the recommendation, the Public Defender stressed that, even if artificial ventilation system would be provided, such a system could not be a replacement for the need for fresh air intake in the cells. Accordingly, the Public Defender’s recommendation was to take account of domestic and international requirements by installing such windows as would allow both daylight and natural ventilation in the cells. In its reports concerning its visits to Georgia, CPT has been paying special attention to windows in the cells of Georgian penitentiary institutions, which are covered with iron shutters and bars preventing the entry of daylight and fresh air into cells.45 The Committee has been recommending the Georgian Government to take measures, without delay, to provide natural lighting and adequate ventilation in the penitentiary institutions. CPT has been particularly keen on prisoners’ access to daylight and fresh air considering that these two are basic elements of life which must never be denied to prisoners despite any security needs.46 42 CPT Report to the Georgian Government on its visit to Georgia from 19 to 23 November 2012, CPT/Inf (2013) 18, par. 33. 43 Vlasov v. Russia, Judgment of 12 June 2008, par. 84; see also Trepashkin v. Russia, Judgment of 19 July 2007, par. 94. 44 Peers v. Greece, Judgment of 19 April 2001, paras. 70-72. 45 CPT Report to the Georgian Government on its visit to Georgia on 6-18 May 2011, see http://www.cpt.coe.int/documents/ geo/2002-14-inf-geo.pdf [lasted accessed 13.03.2014]; CPT Report to the Georgian Government on its visit to Georgia on 18-28 November 2003; CPT Report to the Georgian Government on its visit to Georgia on 7-14 May 2004, http://www.cpt.coe.int/ documents/geo/2005-12-inf-eng.pdf [last accessed 13.03.2014] . 46 11th General Report of the Committee for the Prevention of Torture (CPT) [CPT/Inf (2001) 16], par. 30, at http://www.cpt. coe.int/en/documents/eng-standards-scr.pdf [last access 13.03.2014]. NPM Report 14