HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS (NATIONAL PREVENTIVE MECHANISM) 2016 www.ombudsman.ge NATIONAL PREVENTIVE MECHANISM (NPM), 2016 1 This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the author and can in no way be taken to reflect the views of the European Union. 2 HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS CONTENTS 1. THE MANDATE OF THE NATIONAL PREVENTIVE MECHANISM ....................... 5 2. REVIEW OF ACTIVITIES CARRIED OUT BY THE NATIONAL PREVENTIVE MECHANISM ................................................................................................... 6 2.1. PREVENTIVE VISITS .................................................................................. 6 2.2. COMMUNICATION WITH STAKEHOLDERS ............................................. 7 2.3. WORKING METHODOLOGY AND TRAINING OF THE NPM STAFF ........ 11 3. SITUATION IN THE PENITENTIARY ESTABLISHMENTS ..................................... 13 3.1. GENERAL OVERVIEW .............................................................................. 13 3.2. SITUATION IN PENITENTIARY ESTABLISHMENTS IN TERMS OF PREVENTION OF TORTURE AND ILL-TREATMENT ................................ 23 3.3 ORDER AND SECURITY IN THE ESTABLISHMENTS OF DETENTION AND DEPRIVATION OF LIBERTY ............................................................. 31 3.4. PERSONNEL: WORKING CONDITIONS, TRAINING AND ACCOUNTABILITY .................................................................................... 60 3.5. PRISON CONDITIONS .............................................................................. 67 3.6. REGIME, DISCIPLINARY RESPONSIBILITY AND INCENTIVES ................ 95 3.7. CONTACTS WITH THE OUTSIDE WORLD ............................................... 107 3.8. THE MECHANISM FOR CONSIDERING APPLICATIONS/ COMPLAINTS IN THE PENITENTIARY SYSTEM OF GEORGIA ............... 119 3.9. PENITENTIARY HEALTH-CARE SYSTEM .................................................. 125 3.10. SPECIAL CATEGORIES............................................................................. 157 4. THE SITUATION IN AGENCIES UNDER THE MINISTRY OF INTERNAL AFFAIRS ............................................................................................................ 181 4.1. INTRODUCTION ....................................................................................... 181 4.2. GENERAL OVERVIEW .............................................................................. 182 4.3. SITUATION IN TERMS OF PREVENTION OF TORTURE AND OTHER ILL-TREATMENT ....................................................................................... 185 NATIONAL PREVENTIVE MECHANISM (NPM), 2016 3 4.4. THE KEY SAFEGUARDS AGAINST ILL-TREATMENT................................. 205 4.5. PROCEDURAL SAFEGUARDS ................................................................... 220 4.6. WORKING CONDITIONS AND TRAINING OF EMPLOYEES..................... 237 4.7. SITUATION IN TEMPORARY DETENTION ISOLATORS ............................ 241 5. MONITORING OF THE JOINT RETURN OPERATIONS ................................... 250 6. MONITORING OF THE STATE CARE INSTITUTIONS FOR PERSONS WITH DISABILITIES .................................................................................................... 253 4 HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS 1. THE MANDATE OF THE NATIONAL PREVENTIVE MECHANISM The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or De- grading Treatment of Punishment (hereinafter also referred as OPCAT) is an international human rights treaty designed to strengthen protection of people deprived of their liberty. Its adoption reflected a consensus among the international community that people de- prived of their liberty are particularly vulnerable to ill-treatment and efforts to combat such ill-treatment should focus on prevention. The OPCAT embodies the idea that pre- vention of ill-treatment in detention can be best achieved by a system of independent, regular visits to the places of detention. During such visits treatment and conditions of detention are inspected. The OPCAT entered into force in June, 2006. States having ratified the OPCAT are required to designate a “National Preventive Mechanism” (NPM). This is a body or group of bodies that regularly examine the treatment of detainees, make recommendations, and com- ment on existing policy and practice. In order to carry out its monitoring role effectively, the NPM must: • Be independent from government and the institutions it monitors; • Be sufficiently resourced to perform its functions; and • Have personnel with the necessary expertise and who are sufficiently diverse to rep- resent the community in which it operates. The NPM must have the power to: • Access all places of detention (including those operated by private entities); • Conduct interviews in private with detainees and other relevant people; • Choose which places it wants to visit and who it wishes to interview; • Access information about the number of people deprived of their liberty, the number of places of detention and their location; and • Access information about the treatment and conditions of detention. The NPM also liaises with the Subcommittee on Prevention of Torture (SPT), an inter- national body established by the OPCAT with both operational functions (visiting places of detention in states parties and making recommendations regarding the protection of detainees from ill-treatment) and advisory functions (providing assistance and training to state parties and NPMs). The SPT is made up of 25 independent and impartial experts NATIONAL PREVENTIVE MECHANISM (NPM), 2016 5 from around the world, and publishes an annual report on its activities. Currently, there are 83 states parties to the OPCAT and 65 of them have already designated NPMs.1 National Preventive Mechanism of Georgia According to the amendments made to the organic law of Georgia on Public Defender, The Public Defender of Georgia carries out the functions of a National Preventive Mecha- nism, envisaged by the OPCAT. In order to fulfill powers of the National Preventive Mechanism, the Special Preventive Group is set up with the Public Defender of Georgia. The group regularly monitors the conditions and treatment of detainees and prisoners or persons whose liberty is other- wise restricted, convicted persons, as well as persons in mental health facilities, elderly care homes and children’s homes in order to protect them from torture and other cruel, inhuman or degrading treatment or punishment.2 The structure of the National Preventive Mechanism of Georgia is as follows: • Department of Prevention and Monitoring of the Public Defender’s Office; • Special Preventive Group, which includes experts from various fields, selected through public call; • The Advisory Council of the NPM constituting a consultative body aimed at support- ing NPM activities. 2. REVIEW OF ACTIVITIES CARRIED OUT BY THE NATIONAL PREVENTIVE MECHANISM 2.1. PREVENTIVE VISITS This report presents the results of the monitoring carried out by the National Preventive Mechanism in the reporting period in penitentiary establishments, police divisions, tem- porary detention isolators, small family-type children’s homes,3 boarding houses for per- sons with disabilities, as well as the outcomes of the joint return operations of migrants. The monitoring has been conducted with the financial support of the European Union.4 1 Data retrieved from the official web site of the Association for the Prevention of Torture: http://apt.ch/en/ opcat-database/ [last accessed: 07.06.2017]. 2 The Organic Law of Georgia on The Public Defender of Georgia, article 191(1). 3 The monitoring outcomes are reflected in the 2015 Parliamentary Report of the Public Defender, see Chap- ter on Children’s Rights Protection, available in Georgian at: http://www.ombudsman.ge/uploads/oth- er/3/3891.pdf [Last visited on 28.03.2017]. 4 Within the European Project – Support to the Public Defender’s Office, II. 6 HUMAN RIGHTS SITUATION IN CLOSED INSTITUTIONS Besides, in 2016, with the support of the Open Society Georgia Foundation, the project of Promoting Right to Health in Penitentiary System was carried out in penitentiary estab- lishments.5 In the reporting period, the Special Preventive Group for the assessment of the situation in the country in terms of prevention of torture and other cruel, inhuman or degrading treatment or punishment carried out 35 visits6 to 12 penitentiary establishments;7 58 vis- its to 58 police divisions; 31 visits8 to 27 temporary detention isolators; 11 visits9 to 11 small family-type children’s homes; 6 visits10 to 6 boarding houses for persons with dis- abilities. Furthermore, the employees of the Department of Prevention and Monitoring carried out monitoring of five flights within the joint return operation of migrants from EU member states.11 During monitoring, the representatives of the Public Defender inspected the material conditions existing in closed type establishments and protection of the rights of persons placed therein. Special emphasis was made on the treatment of these persons. 2.2. COMMUNICATION WITH STAKEHOLDERS In compliance with its mandate the NPM gives due consideration to the need for main- taining good communication with stakeholders. Notably, it is impossible to carry out in- spection,