the restrictions of the detention/prison facility, a remand/convicted person or a group
of remand/convicted persons may have personal radio or TV sets if their use does not
violate the internal regulations of this facility or disturb other remand/convicted persons.
Remand/convicted persons may purchase these devices at their own expense or receive
them in the form of a parcel.’
Under Articles 63.e),212 66.e),213 and 664.e)214 of the Imprisonment Code, the right to use
a personal television or radio set is a form incentive. The same provision features in the
statutes of penitentiary establishments approved by the orders of the Minister of Corrections of 2015. The Public Defender observes that the use of television and radio sets
should not depend on the good will of the administration. All remand and convicted persons should have the right to use television and radio sets without prior authorisation
and the director of an establishment, only in certain exceptional cases and based on clear
statutory grounds, can restrict this right for certain period by a substantiated decision.
Furthermore, in such conditions, where prisoners share one television or radio set in a
cell, deprivation of these items as a disciplinary penalty can amount to collective punishment if the other prisoners in this cell are not allowed for certain period to purchase
a television/radio set. The use of this penalty215 may have particular ramification for the
well-being of an isolated prisoner (placed in a solitary confinement cell). Considering the
scarce availability of rehabilitative, sporting and cultural activities in closed type penitentiary establishments, a television/radio set is the main enjoyment and source of information for prisoners. It should be positively mentioned that, in 2016, only two instances of
deprivation of television/radio took place in establishment no. 2.
In 2015, the Public Defender proposed to the Parliament of Georgia and requested to
determine the possession of a television and a radio as a right instead of a privilege and
to strike off the possession of a television and a radio from the forms of incentives. To
this end, the Public Defender proposed amending the relevant provisions of the Imprisonment Code (Article 63.e), Article 66.f), and Article 66.e). Furthermore, the Public Defender proposed the amendment of Article 82 of the Imprisonment Code to the effect of
prohibiting the possession of a television/radio as a disciplinary sanction. Unfortunately,
these changes have not been made to the relevant provisions of the Imprisonment Code
to date.
In 2015, administrative detention was imposed on 3 prisoners (each several times) only in
establishment no. 7. On 8 occasions, administrative detention was determined for 1 day;
on 1 occasion, it was determined for 3 days. The ground for administrative detention, on
all three occasions, was covering the electronic and surveillance eye with an object. As
regards 2016, it should be positively mentioned that there were no administrative detentions imposed on any prisoners.
212
213
214
215
Subparagraph e).
Subparagraph f).
Subparagraph e).
Article 82.1.d) of the Imprisonment Code: a type of disciplinary measures is: d) restriction of the right to use
allowed items for not more than six month.
102
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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