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Deacon Giorgi Mamaladze is unlawfully restricted to call the hotline of the ombudsman’s office

29.11.2017
 
Director of the Prison # 8 did not allow the deacon Giorgi Mamaladze convicted into the so-called cyanide case to call the hotline of the Public Defender’s Office.

As Giorgi Mamaladze told the HRC lawyer during the meeting, on November 13, he asked permission to call the hotline of the PDO (1481) but the deputy director and staff member of the prison facility # 9 refused him to call claiming that he had already exhausted his limit of three phone calls per month. On the same day, convicted Mamaladze sent a letter to the prison director and requested clarification about the issue.

In his response letter (#61700894211) on November 13, the director of the prison # 9 Zaza Jamatashvili clarified to Mamaladze that he had already exhausted his monthly limit of three phone calls, namely he had already made three phone calls for not longer than 15 minutes each. 

Human Rights Center believes it is inadmissible to restrict convicted people to call the hotline of the PDO on the ground of exhausted monthly limit. In some facilities, there is a notice on the wall, which informs the inmates that the three phone-call limit does not include the phone numbers and the hotline of the Public Defender’s Office. 

In accordance to the Article 65 of the Imprisonment Code, a convicted person serving a sentence in a closed type prison facility may: c) enjoy 3 telephone conversations a month at his/her own expense, each lasting for not longer than 15 minutes, and as an incentive, an unlimited number of telephone conversations, each lasting for not longer than 15 minutes.  

HRC believes the 3 phone call limit cannot include the hotline of the PDO, where prisoner may need to call in emergency situation, for example if he/she complains about ill-treatment in the facility or has some other lawful requirements and needs to call the hotline of the PDO. In similar situation, if the prisoner may enjoy only three phone conversations per month, he/she is deprived of the possibility to contact the PDO in emergency situation. 

As the practice of the prison facility # 9 shows, the prison administration incorrectly interprets the regulation about the three phone call limit per month.

HRC believes this regulation shall not be interpreted into the violation of fundamental rights of the prisoner. The three phone call limit shall include only scheduled phone calls and not the hotline of the PDO. 

Human Rights Center calls on:

 the prison facility # 9 to allow the convicted Giorgi Mamaladze to make calls to the hotline of the PDO without restriction and obstacles;
 the Ministry of Corrections to react to the fact of breached rights of convicted Giorgi Mamaladze.

Human Rights Center 

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