it follows from the above discussion, the procedure envisaged by the Imprisonment
Code is not consistent with the requirements of a fair trial and needs revision.
And finally, if administrative detention as a type of disciplinary sanction is to remain
in the Imprisonment Code, the maximum term of detention will need to be reviewed.
Also, there must be a uniform standard of applying administrative detention. As a
result of changes made to the Administrative Offenses Code in 2014, the duration
of administration detention reduced from 90 days to 15 days – something that we
surely evaluate as a positive step. However, it is now needed to apply exactly the same
standard to the duration of administrative detention envisaged by the Imprisonment
Code so that a maximum term of such detention is set at 15 days in relation to prisoners.
2.4.3.2. PRISONER ENCOURAGEMENT
If a prisoner partakes in various rehabilitation activities, a social worker will then draw
up a report about the prisoner’s good behavior. The report will be sent to a prison
director who makes decision on which measure of encouragement to use in relation
to the prisoner. The director’s decision is inserted into a prisoner’s personal record.
The following measures of encouragement may be used: announcing a thank you,
additional short or long visit, quashing of a reprimand or of other disciplinary sanction,
etc. Statistics of incentives applied during the year are provided in the below table:
Institution
no.
Number of
incentives
2
3
5
209 127 129
6
7
8
9
11
12
14
15
17
19
Total
85
5
351
16
60
15
90
267 383
41
1,778
As we can see from the above table, measures of encouragement were not used
in relation to any prisoner in the Institution no. 18 in 2014. In the Institution no. 7,
incentives were used in only 5 cases in a period of 12 months.
We would like to point out that frequent use of incentives can shake the negative
impact of the prison sub-culture upon prisoners and facilitate to the prisoners’
resocialization. It is therefore necessary to apply measures of encouragement more
intensively in the institutions nos. 6, 7, 9, 11, 12, 14 and 19.
2.4.3.3. PRISONER EMPLOYMENT
According to the European Prison Rules, prison work shall be approached as a
positive element of the prison regime and shall never be used as a punishment.136
Prison authorities shall strive to provide sufficient work of a useful nature.137 As far as
136 The European Prison Rules, Rule 26.1.
137 Ibid. Rule 26.2
80 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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