Proposals

Proposal to Minister of Corrections and Legal Assistance on Making Changes to Decree # 97 of May 30, 2011

On August 6, 2015, the Public Defender of Georgia addressed the Minister of Corrections and Legal Assistance with a proposal to amend decree # 97 of May 30, 2011, in order to allow a defendant/convict to possess and use not only copies of court judgments and decisions, but also copies of materials of the criminal case initiated against him, copies of materials of disciplinary, administrative or civil proceedings, as well as legislative acts and bylaws.

According to the decree # 97 of the Minister of Corrections and Legal Assistance, prisoners in penitentiary facilities are not allowed to keep legislative and normative acts or their case materials (except for copies of court judgments and decisions, money, and invoices of items and assets), since the mentioned documents belong to the category of prohibited items and their storage in the cell leads to criminal liability.

The Public Defender considers that storage of documents by a defendant/convict in the cell does not represent any danger to order or security, especially given that possession of the mentioned documents is aimed at implementation of inmates’ legitimate interests and rights through surveying the papers and formulating their own positions and arguments.

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