health of prisoners who are mentally ill or have suicidal inclinations. According to the Georgian law, “the administration is obliged to inform the healthcare personnel about placing a person in a solitary cell. Persons detained in solitary cells must be kept under daily and special observation of the healthcare personnel. If necessary, the duration of a person’s stay in the solitary confinement cell may be reduced on the basis of a doctor’s conclusion.”121 In the reporting period, a total of 2,972 disciplinary sanctions were used against the prisoners in the Georgian penitentiary institutions. Only three prisoners challenged the decisions on imposing disciplinary punishment.122 It should be noted, as the monitoring of penitentiary institutions during the recent years has revealed, that prisoners refrain from challenging their disciplinary punishment because, as they say, it makes no sense. During its visit to the penitentiary institution no. 8 in November 2014, the monitoring group inspected the solitary confinement cells and talked to the prisoners detained there. We should mentioned that the prisoners in the solitary confinement cells did not have items of personal hygiene; they were provided with such items only after the monitoring group members talked to the Institution’s responsible officer. According to the prisoners, they were not enjoying their rights to take shower and to exercise outside. According to the relevant representative of the Institution, the prisoners in the solitary cells rarely make use of their right to take shower and to take a walk outside but the staff member was unable to show any document confirming either enjoyment or waiver of these rights by the prisoners. Similar to that, during its visit to the penitentiary institution no. 3 in October 2014, the monitoring group found out that the prisoners did not have access to outdoor exercise and healthcare services, and the conditions in the solitary confinement cells were unsatisfactory. There are 4 solitary confinement cells having the area of 7m2, 6.3m2, 5.8m2 and 6m2 respectively. The cells have concrete floors. There are a small table and a chair in each cell. The beds are fastened to the walls. Toilets in the cells are not isolated. Each cell has one small casement window, which won’t open. The cells are not ventilated either naturally or artificially. At the time of inspection, there was no water supply in the cell and the stench was unbearable. The prisoners would not be provided with mattresses and linens and they had to sleep on firm surface.123 According to the Institution’s lawyer, the law124 is not clear about whether prisoners detained in solitary confinement cells are entitled to mattresses and linens. We believe 121 Code of Imprisonment, Article 88(6) 122 Institutions nos. 6, 8 and 9 123 Ibid. Report on the Public Defender’s visit to the institution no. 3, available at http:// www.ombudsman.ge/ge/reports/specialuri-angarishebi/angarishi-sasdjelagsrulebis-n3dawesebulebashi-vizitis-shesaxeb.page. 124 The Imprisonment Code, Article 88(4): “A solitary confinement cell should be lit and should be ventilated. An accused/sentenced person shall have a chair and a bed. He/she has the right to have reading materials upon request.” NATIONAL PREVENTIVE MECHANISM OF GEORGIA 77

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