CoE anti-torture Committee publishes Georgian response to report on 2018 visit
By Levan Abramishvili
Monday, November 25
In the report, published in May 2019, the CPT had made recommendations on the treatment of persons in police custody, prisoners (in particular those in high-risk and semi-open prisons as well as juveniles), psychiatric patients and immigration detainees.
In the report, CPT acknowledged the lack of ill-treatment complaints in the visited institutions, commended efforts to address overcrowding, increase access to health care and living conditions. Nevertheless, the committee advised the government to tackle promptly inter-prisoner abuse, acute shortcomings in out-of-cell activities the use of "de-escalation rooms as punishment and significant deficiencies in mental health care provision.
During the visit in 2018, the delegation monitored the treatment of persons in police custody and the situation of prisoners in penitentiaries, especially those in high-risk and semi-open prisons, as well as juvenile prisoners. The delegation also visited several psychiatric hospitals and, for the first time in Georgia, to an immigration detention facility.
“The delegation received hardly any credible allegations of deliberate ill-treatment in the establishments visited. Overcrowding was no longer a major problem either. Material conditions varied but were generally acceptable,” read the report.
The CPT also noted that there was less progress in developing purposeful, out-of-cell activities. The CPT once again called upon the Georgian authorities to take decisive steps to develop the activities for both sentenced and remand prisoners.
The report pointed out that inter-prisoner violence was an issue in a number of penitentiary institutions. Particularly, the CPT spoke of Prison No. 15. According to the report, this prison’s management acknowledged that it considered itself “compelled to share part of its responsibility for order and security with "strong prisoners," so-called "watchers," exposing weaker prisoners to the risk of violence and intimidation, due to the lack of staff.”
The CPT stressed that this was unacceptable, that the emergence of this phenomenon at this prison was a troubling sign and called for major efforts to ensure that it did not spread throughout the prison system.
The topic of the CPT's most serious concern was a trend found in several prisons to frequently use the "de-escalation rooms". These were used as de facto punishment for up to 72 hours instead of resorting to this use to relax distressed and/or hostile inmates for just a few hours.
In response to the report, the Government of Georgia expresses its appreciation to CPT for excellent cooperation throughout the visit and providing constructive and highly valued recommendations.
“The Government of Georgia remains committed to further strengthen efforts to ensure the existence of a safe, secure and dignified environment in the country including in institutions of CPT’s primary concern. In this process, the Government of Georgia stands ready to take into account recommendations of CPT and best European and International practices to safeguard effective application of human rights-based approach in respective systems,” reads the response.
The Government also points out various trainings for the prison staff that were carried out throughout 2018 and 2019. Modules were developed on conflict prevention, mediation and principles of ethics, which stemmed from “the apparent need for training in the penitentiary and probation systems.”
The Government response also mentions the most pressing issue of inter-prisoner violence that was pointed out by the CPT. The developed Strategy and Action Plan prioritizes the improvement of management of prisoners to effectively deter their possible violent behavior. “In this regard, relevant mechanisms for dealing with inter-prisoner violence will be improved within penitentiary system,” says the Government.
To improve the management of the prisoners, the Government has prioritized building of small-scale closed type prisons, which “will contribute to further supporting effective management of inmates and promoting creation of safe and secure environment for all persons.”
The CPT also requested additional information on the State Inspector’s Office, including its budget and human resources, as well as statistics of reports received, investigations initiated and transmitted to the Prosecutor’s Office in the first 6 months of the State Inspector Office’s functioning. The response of the Government states that the mandate of State Inspector’s Service includes investigation of alleged criminal acts conducted by the representatives of law enforcement bodies, officers or persons equal to them and goes on to detail the scope of the Service’s work.
The Government’s response also includes statistical information, namely that of alleged ill-treatment cases.
In 2018, Prosecutor’s Office launched investigations on 367 torture and ill-treatment cases allegedly committed by the police officers. Investigations on 28 criminal cases of alleged ill-treatment committed against inmates in penitentiaries were also launched. Effective investigations led to the 15 prosecutions on ill-treatment criminal cases in 2018.
The visit of CPT in 2018 marked sixth of its kind in Georgia. The first periodic visit was carried out in 2001 and most recently, fifth visit was conducted in 2014. Additionally, two ad hoc visits were conducted, including in 2009 in Abkhazia.
The CPT organizes visits to places of detention, to assess how persons deprived of their liberty are treated. These places include prisons, juvenile detention centers, police stations, holding centers for immigration detainees, psychiatric hospitals, social care homes, etc.
CPT delegations have unlimited access to places of detention, and the right to move inside such places without restriction. They interview persons deprived of their liberty in private, and communicate freely with anyone who can provide information.
After each visit, the CPT sends a detailed report to the State concerned. This report includes the CPT’s findings, and its recommendations, comments and requests for information. The CPT also requests a detailed response to the issues raised in its report. These reports and responses form part of the ongoing dialogue with the States concerned.