Legge 22 luglio 1999

Legge 22 luglio 1999: “Law of Georgia on Imprisonment (amended – 4.07.2002)”.

Chapter I
General Provisions

Article 1. Scope of application

1. This Law governs relations connected with execution of imprisonment as a measure of sentence, determines the system and structure of imprisonment sentence execution, defines principles and rules of execution, provides for guarantees of social and legal protection.
2. Georgian legislation on imprisonment consists of this Law, and other laws and bylaws of Georgia.
3. Legislation on imprisonment is coherent with the Georgian Constitution and universally recognised principles and norms of international law.

Article 2. Decisions subject to execution under this Law

Execution procedures prescribed by this Law shall apply to a court sentencing decision, order, resolution and an order of a judge.
Penitentiary System

Article 3. Penitentiary bodies

The following are penitentiary bodies:
a) Penitentiary Department;
b) Penitentiary institutions.

(Omissis)

Chapter VI
Rights and obligations of a convict

Article 26. Rights of a convict

1. A convict is entitled to:
a) be provided with:
a. living space, food, garments and safety of work;
b. medical aid and service;
c .unlimited access to a lawyer;
d. the ability to have telephone conversations under the control of administration to the extent prescribed by law as well as correspondence;
e. the ability to send and receive parcels, packages and money subject to control by the administration.
b) Appeal against unlawful actions of the penitentiary institution’s administration, staff members, the Department or other governmental agencies;
c) Receive general, vocational or highest education; take social adaptation training courses; receive required advice;
d) Participate in cultural, educational or religious events; use appropriate facilities and literature;
e) Be involved in individual activities and have appropriate instruments subject to control by the administration;
f) Request the administration of the institution to ensure his/her safety.
2. Administration of a penitentiary institution shall not delay or check an application of a convict sent to the court, Department, lawyer or prosecutor.

Article 27. Obligations of a convict

1. A convict shall:
a) observe internal regulations of the penitentiary institution and comply with lawful request of the administration;
b) observe personal hygiene and keep his/her garments, bed and living space in a clean and orderly manner;
c) work at a job offered by administration in accordance with conditions prescribed in internal regulations of the penitentiary institution.
2. In certain regimes, the administration may impose other obligations on a convict. It is prohibited to request a convict to comply with an obligation that makes the regime conditions stricter or infringes upon his/her honour and dignity.

(Omissis)

Chapter VIII
Life conditions of convicts

Article 32. Basic rules on accommodation of convicts in penitentiary institutions

To ensure the best enforcement of penitentiary regime, basic rules of accommodation of convicts shall be determined by internal regulations of each penitentiary institution, taking account of resources available in the latter.

(Omissis)

Article 36. Food supply

1. Food supply to penitentiary institutions shall be arranged in a way to correspond to food traditions of the population and shall include alimentary components required to maintain adequate health and life of a human being. It is forbidden to reduce calorie content of food in order to punish a convict.
2. Convicts are entitled to receive additional food products with parcels buy food in shops within penitentiary institutions with money they earned while working in the penitentiary institution or money transferred to his/her account by other persons or organisation. Personal money can be used to buy food products only with a permission of director of the penitentiary institution and without payment of cash.
3. Convicts shall have unlimited amount of drinking water.

(Omissis)

Chapter X
Secondary and vocational education in penitentiary institutions

Article 44. General and vocational education for convicts

A penitentiary institution administration shall create conditions necessary for the convicts to receive general and vocational education. The administration shall provide for a library with not only educational materials but also legislation on imprisonment and European penitentiary rules in an easy-to-understand language. Convicts have the right to participate in social adaptation training groups that shall be created by the penitentiary institution administration.

Article 45. General education

1. A convict shall have the ability to receive general education according to secondary school education schemes.
2. It is mandatory to provide minor convicts with elementary education. The State shall bear expenses for basic education.
3. Convicts who do not speak the official language of Georgia shall be given the possibility to learn it.

Article 46. Vocational education

1. In a penitentiary institution there shall be conditions for the convicts to raise their qualification.
2. Vocational education is voluntary for convicts who have a certain qualification as well as for minors and those who do not have vocational education.
3. While providing the convicts with vocational education, priority should be given to professions that may be learnt in a penitentiary institution.
4. A penitentiary institution administration may permit a convict, taking account of his/her background, to study by correspondence at secondary, vocational and highest education institutions.
5. Rules and procedures of studying by correspondence shall be determined by the Minster of Justice in association with the Ministry of Education of Georgia.

(Omissis)

Chapter XVIII
Public control over penitentiary institutions

Article 93. Penitentiary Institution Commission

1. Public control over penitentiary institutions is exercised by permanent commissions comprised of officials of local governance and self-governance bodies, public figures, representatives of non-governmental and religious organisations and other persons. Penitentiary institutions staff members may not be part of the commissions.
2. Purpose of the commissions is to assist the penitentiary institutions administrations in resolving issues relating to accommodation, study, work, food, medical service and supervision of prisoners as well as execution of sentences.
3. In the course of working on the aforementioned matters, a commission has the right to elaborate recommendations and address the director of a penitentiary institution.
4. A commission submits an activity report to the director of penitentiary institution on a annual basis.
5. Rules of establishment and operation of commission as well as scope of their competence shall be determined by a provision approved by the Minister of Justice.

Article 94. Relationship with representatives of religious organisations

A penitentiary institution administration shall create adequate conditions for convicts to satisfy their religious needs. Taking account of technical facilities available, in a penitentiary institution there shall be a priest authorised by the church.

(Omissis)