Prisoners Are Restricted to Use Communication Means

Lana Giorgidze

“In our facility, prison # 6, we are allowed to call only on 5 phone numbers – for 10 minutes per month. It is not enough to call even our family members not to say anything about nongovernmental organizations. They break our families and deprive our right to communicate outside world. How can we distribute that 10 minutes a month when we need a lot of things? How can we resolve our problems? I cannot call my 4-year-old child; is it their democracy?! I have petitioned to almost every MP about this issue but nobody replied. We no longer enjoy conjugal meetings; they completely degrade us. People are going insane,” an inmate of the prison # 6 wrote to Human Rights Center.

It is one of the letters the Center received about the same issue recently. On December 15, lawyers of Human Rights Center held press-conference about restricted right of prisoners to use communication means. 

“Human Rights Center condemns the restriction of the use of communication means by the prisoners that has been observed in penitentiary establishments recently.  

Human Rights Center received applications from the inmates of both high and low-risk penitentiary establishments, where the prisoners complain about restricted right to have over-phone communication with people and control. Namely, the prisoners were obliged to fill in special forms, where they have to list concrete phone numbers (5 numbers in the high-risk facility and 10 in the low risk facilities), also write names of the owners of those numbers and their relation with the prisoners. Unless this requirement is met, the prisoner will not be able to communicate people outside the prison,” lawyer of Human Rights Center Nestan Londaridze said.

A letter from the inmate of the Ksani prison # 15, where he complains about restricted right to communicate with relatives, also confirms this tendency. 

“About 5-6 months ago, the company, which provides us with phone communication, was changed in Ksani prison # 15 (maybe in all other facilities too). In the past, company PaliCom was providing us with the service and we could call anybody. Nowadays, only several apparatus of the PaliCom are working in the facility and they too will be switched off in near future. 

After the new company entered the prison, new apparatus were installed and communication rules and conditions were changed. Namely, we can call only 10 numbers. In order to be able to call those 10 numbers, we have to fill out forms where we have to write the names of the number owners and explain our relation with them. Otherwise, the number will not be switched on. Is it legal that we have to send personal data of our family members to the Ministry?!” a prisoner wrote to Human Rights Center on December 10.

According to the convicted person, he no longer can call NGOs, friends and relatives.

Head of the legal department of the Ministry of Corrections Aleksandre Darakhvelidze told TV-Company Imedi that similar restrictions are applied in other countries too. “The Prison Code and the prison regulations directly state that inmates can call only preliminarily agreed phone numbers but it does not mean that prisoners will not be able to call the Public Defender’s Office. The purpose of restricting the phone calls is to ensure security in the prison facility. Georgia is not innovation in this direction; other countries also use similar practice.”

Lawyer of Human Rights Center Eka Kobesashvili said the Prison Code does not say anything about preliminarily selected phone numbers. Namely, in accordance to the Article 62 of the Prison Code of Georgia, a convict, who serves his term in semi-open facility, can: c) make 4 phone calls per month with his financial resources; each call may last maximum 15 minutes; as a bonus for good behavior, a prisoner may be allowed to make unlimited number of phone calls with his own financial resources but each call may last no longer than 15 minutes.

As for the closed facility, in accordance to the Article 65 of the Prison Code, a convict can: c) make 3 phone calls with his own financial resources and each may last no longer than 15 minutes; as a bonus, a prisoner may make unlimited number of phone calls with his own financial resources but each may last no longer than 15 minutes.

The restriction was imposed on the accused inmates since January 1, 2016. Lawyer of Human Rights Center Eka Kobesashvili said in accordance to the Article 79 of the Prison Code, an accused person can: have correspondence under supervision of the prison administration and make 3 phone calls per month, each may last no longer than 15 minutes; however the accused may be deprived of this right based on the motivated decision of an investigator or prosecutor.

“Investigator and prosecutor often unfairly use this particular requirement of the law for their own purposes to get desirable testimonies from the accused person,” Eka Kobesashvili told humanrights.ge.

Lawyer of Human Rights Center Eka Lomidze said they also learned that foreign inmates of the Georgian penitentiary establishments cannot enjoy their right to communication.

“The alien inmates of the Georgian penitentiary establishments cannot enjoy the right to send letters abroad. According to the information provided from the Ministry of Corrections, the alien prisoners have to pay at least 90 GEL to send letters abroad. It is 10 times more expensive than usual post service available for Georgian prisoners. In doing so, the Ministry of Corrections creates unequal conditions for alien convicts in comparison with Georgian prisoners. Due to high tariff, the foreign prisoners cannot enjoy the right to send correspondence that is guaranteed under the Prison Code of Georgia,” the lawyers of Human Rights Center said at the press-conference.

Eka Lomidze petitioned to the Ministry of Corrections with regard to this issue and the Ministry replied that a company, which offered the best conditions to the Ministry, was selected as a result of the market survey. 

“When selecting the company for the post service, about 20 post companies were requested to send us their proposals (tariffs/conditions). Only Georgian Post and Ltd TNT send us proposals with some conditions. Considering the submitted proposals, tariffs and conditions, we selected the best option – the TNT,” Aleksandre Darakhvelidze responded to Human Rights Center.

To confirm the information provided by the convict, director of the Ltd TNT N. Menteshashvili notified the director of the Prison # 15 Mamuka Zirakashvili that foreign prisoners have to pay 90 GEL to send documents up to 0,3 kg. 

Lawyers of Human Rights Center will continue monitoring of the penitentiary establishments with regard to abovementioned problems.