there was a confrontation among the convict and an accused, which is particularly important since according to the law, the accused and convicts should be placed separately
in the institution and it is not clear how did they meet and in what circumstances arose
the conflict.
According to Article 15 para 3 of the Imprisonment Code, a living space standard per
an accused person in a detention facility shall not be less that 3 square metres. In accordance with the recommendation of the European Committee for the Prevention of
Torture, all inmates should be ensured with the space of 4 sq.metres. 228 The Public Defender Considers that it is important to ensure each convict with not less than 4 sq.metres living space. According to the recommendation of the European Committee for the
Prevention of Torture, it is necessary to take decisive steps for the creation of diverse
activities and rehabilitation programmes for the accused and convicts in detention. It is
noteworthy that rehabilitation activities are not foreseen for the accused placed in the
penitentiary institution. The accused individuals in detention have the right to take a
walk for not less than 1 hour per day.229 Other activities are not foreseen for the above
category. While being in the cell, the accused have not possibility to engage in the activities of their interest. It is important to involve the accused individuals in the rehabilitation activities, which will have a positive impact on their health and well-being.
According to Rule 99 of the European Prison Rules, the accused should have the visits
and be allowed to have contact with their families and other persons in the same way
as the convicts. They should have additional visits and additional access to the other
forms of communication. The accused is placed in the closed establishment where the
level of stress is specifically high and maintaining close ties with the family has special
importance.
The UN Special Rapporteur in the 2015 report on the visit to Georgia focuses on the presumption of innocence of the individuals in detention and underlines the importance
of the accused individuals’ contanct with the family.230 According to Article 123 of the
Imprisonment Code of Georgia, Until 1 January 2016 an accused person shall enjoy not
more than 4 short visits a month, by the permission of the prosecutor and investigator.
Positively should be assessed that until 1 January 2016 an accused person shall enjoy
not less than 4 short term visits and that the above right can only be restricted by the
decision of a prosecutor or investigator. For maintaining close ties with the family of the
accused it is important to increase the number of short-term visits. Besides, it is significant to make changes in the Georgian legislation and give the accused individuals in
detention the possibility to use the long-term visits.
228 Visit of the the European Committee for the Prevention of Torture to Georgia, para 119, CPT/Inf
(2015) available at: http://www.cpt.coe.int/documents/geo/2015-42-inf-eng.pdf [Last Visited on:
02.03.2016].
229 Imprisonment Code of Georgia, Article 14, para 1, sub-paragraph G.
230 Report on the Visit of the UN Special Rapporteur, 6 November 2015, [Last Visited on: 2.03.2016].
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NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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