proper management of penitentiary institutions on the basis of the principles of
human rights and rule of law. Also, we positively assess the proposed reform initiative,
which goes in line with the concept of dynamic security and places an emphasis on
strengthening rehabilitation programs.
Despite the above-described positive changes, a number of concerns related to the
penitentiary system were identified during the reporting period. Draft amendments
to the Imprisonment Code concerning the right of the penitentiary personnel to use
special equipment generated a lot of controversy but the disputed draft was eventually
adopted with certain changes.
Number of reports concerning alleged ill-treatment of prisoners increased in the
reporting period; accordingly, the Public Defender’s recommendations about the need
for carrying out effective investigations increased compared to the year of 2013. In
2014, the Public Defender sent out 21 recommendations to commence investigation
(compared to 9 recommendations in 2013). Unfortunately, in none of these cases was
criminal prosecution commenced against those responsible and the Public Defender
has not been informed in detail about the progress of investigations. Substantive
shortcomings were observed in the way the investigative authorities obtain evidence.
Protection of possible victims of ill-treatment also constitutes a ground for concern
because often times they continue to remain in the same institutions where they
had allegedly been ill-treated. In the Public Defender’s view, there is a clear systemic
problem in terms of investigation of allegations of ill-treatment – a situation that
calls for creation of an independent investigation mechanism to ensure independent,
impartial and effective investigation.
Also, for the prevention of ill-treatment, it is important to have tools in place for
adequate assessment of real and inevitable risks for prisoners’ physical integrity
and to take measures accordingly. The environment in the prison should such where
torture and ill-treatment are less likely to happen. This requires elimination of the root
causes of torture and ill-treatment. It is necessary, in this regard, to bring the current
practice of documenting ill-treatment in line with the international standards, ensure
such detention conditions as are compatible with human dignity and to apply security
measures in a proportional way.
We would like to point out, further, that prevention of ill-treatment also requires
implementation of measures such as support to the National Preventive Mechanism’s
operations, strengthening its functions, allowing the National Preventive Mechanism
representatives to make photographs in prisons and access secret information about
the treatment of prisoners (including criminal intelligence information), changing
laws allowing the National Preventive Mechanism representatives to view the records
of surveillance cameras and enhancing current cooperation and ways of reacting to
recommendations.
Prevention will be ineffective unless good order and security is ensured in places of
12 NATIONAL PREVENTIVE MECHANISM OF GEORGIA