The Parliament’s Human Rights and Civil Integration Committee has started consideration of the implementation of the recommendations set out in the Parliament’s resolution of June 24, 2016, concerning the Public Defender’s Report on the Situation of Human Rights and Freedoms in Georgia in 2015.

On February 20, 2017, Deputy Ministry of Corrections Zviad Mikhanashvili delivered a report of the Ministry of Corrections. The Public Defender considers that the Ministry implemented the recommendation on the development of a new form of description of body injuries in accordance with the Istanbul Protocol, which allows provision of more detailed information about the body injuries. Intensive training of prison medical staff about the new way of documentation is also welcome.

The Public Defender considers it appropriate the prison doctors to be obliged to send notifications about injuries directly to the Prosecutor's Office.

In accordance with the Public Defender's recommendation, training programs were developed for the purpose of protection of safety, order and human rights in the penitentiary facilities and the main part of special system staff were trained/retrained at the LEPL Penitentiary and Probation Training Center within the framework of the certification process, in order to improve the employees’ skills and knowledge.

However, only the Inspectorate-General assesses the results, effectiveness and sustainability of trainings, as well as the practical realization of the skills acquired during the training, and it carries out the assessment within the framework of performing the systemic monitoring function. The Public Defender considers that given the objectives of the training, it is important LEPL Penitentiary and Probation Training Center to develop a methodology for evaluation and examination of the knowledge received during the trainings.

We must emphasize the information about the closure of penitentiary facility No 7 in several months, which was demanded by the Public Defender in his annual and special reports.

According to the amendments made to the provisions of the penitentiary institutions, it was defined that a person can be placed in the de-escalation room for no longer than 72 hours, but the Public Defender’s recommendation was the term to be no more than 24 hours. In addition, the orders of the penitentiary institution director concerning the transfer of a person to the de-escalation room do not contain a reasoned written explanation of the application of the measure.

The recommendations on the protection of prisoners in the de-escalation room from informal violation of their various rights, as well as the retention of electronic surveillance recordings of the de-escalation room as long as possible, have not been implemented.

The recommendation on the improvement of infrastructure and conditions in the penitentiary establishments is being partially and gradually implemented. It should be noted that compared to previous years, physical environment and sanitary conditions have been improved in a number of penitentiary establishments. However, conditions of the facilities need further significant improvement in order to bring them in conformity with international standards.

No recommendations have been implemented concerning the justification of the necessity for electronic surveillance and the definition of a reasonable period of storage of recordings by an order.

The recommendation on planning rehabilitation activities in the penitentiary establishments and promotion of their implementation was partially fulfilled. There is some progress, though rehabilitation activities are insufficient in a number of establishments.

Contrary to the Public Defender’s recommendation, the use of disciplinary penalties was significantly increased during the reporting period.

The possibility of individual purchase of a brand medicine should be praised, but there are again problems with regard to the supply of medicines to inmates; the issue of delivery of medicines through a parcel will be regulated by law, but it is unclear when the relevant regulations will take effect.

The recommendation on the improvement of health care system in the penitentiary establishments, including mental health care, and collection/analysis of statistics has been partially implemented. Unfortunately, despite the enactment of the suicide prevention program, suicide attempts and suicide cases have been increased.

The recommendation on the use of transfer of juveniles to other institutions due to their safety as a last and temporary measure has not been implemented.

Juvenile prisoners still remain in institutions intended for adults. In addition, during the reporting period, the mentioned measure was used against juveniles 4 times and as far as is known, it was used not as the last resort.

The recommendation on the protection of all juveniles’ right to proper education, including higher education, has been partially fulfilled. However, the right to higher education will be available only for low-risk prisoners.

We welcome the planned legislative changes concerning the improvement of procedures of leaving prison by juveniles in compliance with the best interest of children.

The recommendation on the participation of prisoners sentenced to life imprisonment in the rehabilitation activities, and employment opportunities for them in case of such a desire, as well as promotion of maintenance of family relationships has not been implemented.

When prisoners are placed in the detention facilities, they are informed in writing about their right to be protected from ill-treatment and about the existence of a complaints box, and it is then signed by prisoners. However, a more efficient form is needed, for example, distribution of booklets, verbal explanation, etc. Not all necessary legislative acts, information about prisoner’s rights and duties, procedures for sending and reviewing complaints, are available.

Efforts have been launched but the recommendation on the full video recording of the area of the penitentiary facility and retention of the recording for a reasonable period of time - at least 24 hours, has not yet been implemented.

The situation of vulnerable groups is particularly important in the penitentiary facilitiesand improvement of the situation needs serious efforts. According to the recommendations, psychologists and social workers must strengthen working with prisoners employed in the service unit in order to increase trust and prevent self-isolation and self-injuries of prisoners.

Despite the repeated recommendations, prisoners’ cultural and religious peculiarities are not taken into account while preparing meals in the penitentiary establishments.

No necessary measures have been taken for ensuring equal and full access to health services in an understandable language for foreign and stateless prisoners.

The recommendations on the provision of infrastructure for long visits and video meetings and the full realization of the right to confidential telephone conversations and correspondence are being partially implemented.