SITUATION IN PENITENTIARY INSTITUTIONS In its judgments on applications filed against Georgia, the European Court of Human Rights has been referring to the reports of the European Committee for the Prevention of Torture (CPT) stating that the iron shutters on windows of cells in penitentiary institution were blocking the entry of fresh and daylight into the cells, and there was no ventilation system to compensate for the absence of lack of air. The Court deemed that these conditions amounted to violation of Article 3 of the European Convention on Human Rights.47 In particular, the European Court of Human Rights stated: “The Court also notes that, in the prison concerned, windows had iron shutters preventing air and natural light from entering the cells. There was no ventilation system to compensate for this lack of air. […] In the view of the Court, the evidence at its hand allows it to consider it proven “beyond reasonable doubt” that the applicant was indeed kept in the conditions of detention he complained of in his application. In particular, he had no bed of his own and was suffering from constant lack of air and dirt... Therefore, there was a violation of Article 3 of the Convention.”48 The Penitentiary Institution No. 7 does not have infrastructure required for administering long-term visits for which reason prisoners are unable to enjoy their right to conjugal visits. There are only two rooms for visits (the so-called investigation rooms) in the Penitentiary Institution No. 7. These rooms are used by clergymen, lawyers and representatives of investigative authorities. When these two rooms are busy, visitors may have to wait all day long. In some cases, lawyers had waited for many hours to meet with their clients, with no avail. Institution No. 8: juveniles’ division The cells in the juveniles’ division are dilapidated and out of order. Our monitoring revealed that the ventilation system is not operational. The number of bedside-tables in the cells is insufficient compared with the number of prisoners and most of these units are out of order. Institution No. 12 in Tbilisi Although this institution is a half-open institution and the convicted prisoners spend most of their time outside the buildings, the conditions in buildings are inappropriate for accommodation. There is no ventilation system. Since there is no central heating, prisoners have to use electric heaters to heat their cells. The institution does not have infrastructure for conjugal visits. Institution No. 6 in Rustavi This institution does not have a ventilation system. The windows do not ensure sufficient natural ventilation. Institution No. 14 in Geguti The wards have no ventilation system, taps or toilettes. Prisoners have to use toilets and washstands located in the corridor. The medical division’s shower room and laundry room are located within the same area. Two shower units are located side by side without any partition in between. Prisoners have to change their clothes, wash themselves and do laundry in one and the same area. Regime building no. 6 The cells have no operational ventilation system. 47 Aliev v. Georgia, Judgment of 13 January 2009; Ramishvili and Kokhreidze v. Georgia, Application No. 1704/6, 27 January 2009; Ghavtadze v. Georgia, Judgment of 3 March 2009; Gorgiladze v. Georgia, Judgment of 20 October 2009. 2013 Medical division 48 Aliev v. Georgia, Judgment of 13 January 2009, paras. 82-84. NPM Report 15

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