relevant type, located closest to the place of his/her residence or to the place of residence
of his/her close relative, except as provided for by paragraph 4 of this article.
Under Article 46.4 of the Imprisonment Code, by decision of the Director of the Department, a convicted person may be transferred for further service of the sentence to a
prison facility of the same or different type in cases where he/she regularly violates the
internal regulations of the facility; is ill and/or in cases where it is necessary to ensure
his/her safety taking into account risk factors; also in cases of reorganisation, liquidation
or overcrowding of the facility or in circumstances specified in Article 58.1 of this Code;
or in other important, reasonable circumstances and/or in the case of a consent of the
convicted person.
The monitoring visits conducted by the Special Preventive Group in the reporting period
revealed that the use of the right to meet with family members is affected by several
factors. There is a window shield in the meeting room; the place of the residence of the
family is not taken into account during placement of prisoners; problems related to ensuring a confidential environment during a visit of a family member; besides, prisoners are
not allowed to have a long visit and a video visit if there is a disciplinary penalty and/or
administrative detention imposed on them.
3.7.1. SHORT VISITS
The European Committee for the Prevention of Torture in its report to the Georgian Government on the visit to Georgia in 2014222 observes that all convicts should have an equal
possibility to maintain family contacts irrespective of the type of penitentiary establishment in which they are serving sentence.
A juvenile convict may enjoy 4 short visits a month and 2 additional short visits a month as
an incentive.223 A prisoner serving a sentence in a low risk prison facility may enjoy 4 short
visits a month, and 2 additional short visits a month as an incentive.224 A prisoner serving
a sentence in a semi-open type prison facility may enjoy 2 short visits a month, and 1
additional short visit a month as an incentive.225 A convicted woman may enjoy 3 short
visits a month, and 1 additional short visit a month as an incentive.226 A prisoner serving a
sentence in a closed type prison facility may enjoy 1 short visit a month, and 1 additional
short visit as an incentive.227 A convict serving a sentence in a high risk prison facility may
enjoy 1 short visit a month, and 1 additional short visit as an incentive.228
The Public Defender observes that the number of short visits allowed for prisoners serving sentence in closed type and high risk prison facilities is extremely limited. One short
222 Report to the Georgian Government on the visit to Georgia carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 11 December
2014, CPT/Inf, 2015, available in English at: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806961f8 [Last visited on 22.02.2017].
223 Juvenile Justice Code, Article 87.1.a).
224 Imprisonment Code, Article 6022.b).
225 Imprisonment Code, Article 62.2.b).
226 Imprisonment Code, Article 72.5.
227 Imprisonment Code, Article 65.1b).
228 Imprisonment Code, Article 663.2.b).
108
HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS
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