Recommendations

Recommendation of Public Defender on Penitentiary Establishment #19

In accordance with Article 21 (b) of the Organic Law on Public Defender of Georgia, Public Defender of Georgia addressed the Minister of Corrections, Probation and Legal Assistance of Georgia to study the conditions at the Penitentiary Establishment #19 and to undertake relevant measures to solve issues stated by the inmates in a timely manner.


On March 27, 2013 the representatives of the Public Defender of Georgia carried out the monitoring at the Tuberculosis Treatment and Rehabilitation Centre under the Penitentiary Establishment #19 and visited the majority of the accused placed in the new building. Inmates expressed their complaints on prison conditions and medical treatment.

Inmates state that the Head of the Establishment assaults them verbally and retorts to any of their requests in a cynical, ironical and rude manner. In addition, the Director and the Head of the Social Service does not give them the possibility of confidential communication with the Public Defender.

According to the accused, anti-tuberculosis medicine harms various organs. Therefore, the needed medication for liver and other organs is not provided to them.

As stated by the accused, medical personnel are not able to provide medical treatment without the consent of the Director. Due to the lack of medicine, they are forced to purchase them in the pharmacy of the establishment. Unfortunately, majority of them cannot afford to buy the medication.

Majority of the accused state that food with relatively normal quality is prepared only when guests visit the establishment.

They also complain on telephone cards, which may be utilized only for 3-4 phone calls. Afterwards the card is blocked for a month. Therefore, the accused have to buy several cards.

According to the inmates, on March 24, 2013 the Minister visited the Establishment #19. In spite of their several demands to discuss existing problems with the Minister, they could not manage this.

As stated by the accused, due to the concrete floor, the establishment is full of dust, which impairs the health of inmates. According to their statements, tens of accused had bloody vomiting. On February 4, 2013 Public Defender of Georgia addressed the Minister of Corrections, Probation and Legal Assistance of Georgia to resolve this problem. In accordance with the corresponding letter, the “Clean World” carried out the capital cleaning, eradicating the dust and the specific smell at the establishment. It should be once again emphasized, that not only medical and rehabilitation centre, but also ordinary establishments as well as inmates’ accommodation should not be covered with the concrete floor.

The accused also state that the majority of the sick do not enjoy the contact with the outside world, as they have difficulties in going down the stairs. Only inmates distributing food can utilize elevators.

The accused demand to give the possibility of long term visits to those inmates who do not have to contagious form of tuberculosis. Unfortunately, compared to other partly free establishments, the infrastructure for the visits is not provided at the Institution #19.

The inmates demand the dismissal of Kakha Gvelesiani, the Head of the Establishment. They also state that unless abovementioned problems are solved in the nearest future, they will start a hunger strike.

According to the accused with tuberculosis, due to the abovementioned request they may be transferred to the closed type institution, which previously was exploited as the means of punishments of recalcitrant inmates.

The representative of the Public Defender obtained a written statement reflecting abovementioned facts, signed by 131 accused.

On March 28, 2013 representatives of the Public Defender visited Tuberculosis Treatment and Rehabilitation Centre under the Penitentiary Establishment #19. They visited the accused in old part of the establishment. The accused do not confirm the offensive attitude of the administration; however they point to other problems such as access to doctor and medicine, food quality and ration amount, as well as phone cards. Written statement was signed by 19 accused.

In several days afterwards the accused with tuberculosis from Gldani Establishment #8 communicated with the Office of Public Defender of Georgia.

On April 2, 2013 members of the Prevention and Monitoring Department under the Public Defender visited 5 inmates at Gldani Establishment #8, being transferred from the Establishment #19. They stated that as a result of their application submitted to the Public Defender they were transferred to the Establishment #8 on March 28. Four of the inmates have chronic tuberculosis and their residence in closed type institutions is impermissible. According to the statements of the accused, as a form of their objection, they refused to receive anti-tuberculosis medicine. They will start a hunger strike, unless they are returned to the Establishment #19 or the medical part of the Establishment #15.

While the Ministry of Corrections is actively combating tuberculosis, we deem it impermissible to place accused suffering from this serious disease in closed institutions, especially as a result of their application to the Public Defender.

We express our hope that the ministry of Corrections, Probation and Legal Assistance of Georgia will immediately start examination of ongoing processes at the Establishment #19 and will undertake adequate and relevant measures.

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