Concerning the ban on the contact with outside world, the Public Defender made proposals regarding the Draft Law of Georgia on Amendment to the Imprisonment Code.204
In particular, in the opinion of the Public Defender, paragraphs 9.a) and 10.c) of the draft
law are problematic. Under the provisions concerned, a convict serving a disciplinary
penalty or administrative violation cannot have video visits and long visits. Due to this
amendment, convicts at penitentiary establishments will be restricted in these rights for
6 months after serving a disciplinary penalty and for a year - in case of placement in a solitary confinement cell as the term of a disciplinary penalty is extended to 6 months after
it is served. Where placement in a solitary confinement cell has been imposed, the term
of the penalty is extended to a year after it is served.
The Public Defender observes that maintaining prisoners’ contact with their family should
be encouraged and ensured to a maximum degree. Therefore, enhancing contacts with
the outside world should be considered as a guiding principle. The same position is taken
by the European Committee for the Prevention of Torture.205 Furthermore, the UN Special
Rapporteur on Torture noted with concern that inmates are only entitled to a long visit
once every six months, an entitlement they may lose in the event of disciplinary measures.206
The Public Defender observes that despite the fact formally a prisoner is not limited in
long visits as a disciplinary measure, this limitation is a consequence of a disciplinary offence and is practically an additional punishment for the offence for which a concrete
punishment was already imposed.
To change this practice that has been well established in the penitentiary system, the
Public Defender proposed to the Parliament of Georgia to delete from the Imprisonment
Code the provision prohibiting long visits for certain period for the convicts that have
been imposed with a disciplinary penalty. The Public Defender welcomes the fact that his
proposal was accepted by both the author of the draft law (the Ministry of Corrections)
and the Parliament during committee deliberations. When this report was underway, the
change provided in the draft law on the Amendment to the Imprisonment Code was already adopted in the first hearing, which is positively assessed. The Public Defender hopes
that this change will also be adopted in the subsequent hearings and eventually enforced.
The European Committee for the Prevention of Torture pointed out among its standards
that a prisoner should be informed in writing of the reasons for the measure taken against
him, given an opportunity to present his/her views on the matter, and be able to contest
the measure before an appropriate authority.207
204 See the legislative initiative of the Government of Georgia on the Draft Law of Georgia on Amendment to
the Imprisonment Code and other Related Amendments, drafted by the Ministry of Corrections of Georgia,
02. 02. 2017, available at:< http://info.parliament.ge/#law-drafting/13389> [last visited on: 23.02.2017].
205 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,
CPT standards, p. 18, para. 51 available in English at: http://agent.echr.am/resources/echr//pdf/ba2e032f91eb6673220a419b698fd89c.pdf [Last visited on 22.02.2017].
206 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on his mission to Georgia in 201, A/HRC/31/57/Add.3, para. 97.
207 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,
CPT standards, p. 19, para. 55, available in English at: http://agent.echr.am/resources/echr//pdf/ba2e032f91eb6673220a419b698fd89c.pdf [Last visited on 20.02.2017].
100
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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