Guidance

Georgia: prisoner pack

Updated 3 December 2021

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: support for British nationals abroad

This detention information pack is designed to give you, and your family and friends, information about the local system in Georgia and who can help. A printed copy is provided to those in prison or in custody, and an online version is available at: Georgia prisoner Pack.We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Consulate (and must do so if you want them to)

• even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance

• friends or family can also contact the local British Consulate or the Foreign Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 1500.

In some countries, the authorities might notify the British Consulate even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign Commonwealth and Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

The British Embassy in Georgia address:

51. Krtsanisi street, Tbilisi, 0114, Georgia.

Telephone: +995 32 2 274747; Email: Tbilisi.ConsularEscalations@fcdo.gov.uk

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign Commonwealth and Development Office on 0207 008 1500.

What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most.

In Georgia, notification by the authorities to the Consulate normally takes place from within few hours to few days after the arrest.

Once we are notified, we aim to contact you as soon as possible.

We can also

• provide a list of local English-speaking lawyers and interpreters Georgia lawyers.

• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)

• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services

• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances

• tell the police or prison doctor, with your permission, about any medical or dental problems including medication.

• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad

• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards

What we can’t do

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Can you / will you tell my family?

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Will the UK police be informed?

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Georgia.

Do I need a lawyer? / How can I find a lawyer?

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. We can give you a list of local interpreters and a list of local English-speaking lawyers is attached to this pack. You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

Can you get me out?

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

Who else can help me?

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families: Prisoners Abroad

Detention conditions in Georgia

Visits: friends and family

Can my family and friends visit me? How can I arrange a visit?

Your family member, your legal representative and consular representatives can arrange a visit with you, but first they should consult with the lawyer. In Georgian penitentiary system several types of visits can be possible. Video-conferencing, Short-term and long term visits and family visits.

Convicted persons can arrange a meeting with any person by video-conferencing except for those placed in a special risk prison facility and especially dangerous persons whose personal qualities, criminal influence, motive of crime, consequences of unlawful actions or behaviour demonstrated in the detention facility poses a serious threat to the security of the facility. This service can be arranged once in 10 calendar days.

Duration of a video-meeting is up 15 minutes. A person who wishes to arrange a meeting by video conferencing with an inmate should apply to a probation bureau 7 days in advance. No more than 3 persons are allowed at a single video conferencing (this limitation does not apply to children up to 10 years old). The persons interested in having a video-conferencing shall bring ID or passport for the admission process.

The accused /convicted persons have the right to short-term visits. A visit is arranged on basis of a written request by a close relative of an inmate or an inmate itself. The following persons are eligible to apply: child, spouse, a partner with whom an inmate has a common child, parent (adoptive parent), step-parent, spouse’s parent, stepchild, adopted child and his/her descendants, grandchild, sister, brother, nephew/niece and their children, grandmother, grandfather, great grandparents (from the side of both parents), uncle (mother’s and father’s brother), aunt (mother’s and father’s sister), cousin, as well as the person with whom an inmate lived and ran a common household for the most recent one year before being placed in a detention/prison facility.

Administration of a prison should receive a written request for arranging a short-term visit 5 days in advance. A visitor should hold an ID or passport as well as a document certifying the fact that she/he is a close relative to an inmate.

An accused/convicted person, who is an alien, has the right to an unlimited number of meetings with a representative of a diplomatic mission or a consular office of his/her country, or with an authorized diplomatic representative of the country who protects his/her country’s interests in Georgia.

The convicted persons have the right to long-term visits. For long-term visit a convict should apply to prison administration on the basis of written application 2 weeks in advance to arrange a long-term visit.

The following relatives of the convicted person are eligible to apply for a long-term visit: child, adopted child, stepchild, grandchild, spouse, a person with whom he/she has a common child, parent (adoptive parent), grandmother, grandfather, sister and brother. The person who intends to have a long-term visit shall provide the prison director with the document certifying the fact that she/he is a close relative to an inmate.

The aim of the service is to strengthen the relations with the inmate’s children, adopted children, spouse, parents, foster parents, sisters or brothers. The service is not available for inmates being in quarantine, being imposed with a disciplinary punishment or being sentenced with an administrative imprisonment. For the admission process, the person shall provide the respective employee of the penitentiary unit with ID or passport.

No more than one adult shall be present at a long-term visit with the convict. However, an adult is allowed to be accompanied by minors having the right to a long-term visit as well. With the special permission of the director of the penitentiary unit, two adults shall be present at a long-term visit.

The convicted persons have the right to family visits as well. To arrange a family visit, a convict should apply to prison administration with written application 10 days in advance. The following relatives of the convicted person are eligible to apply for a family visit: child, adopted child, step-child, grandchild, spouse, the person with whom he/she has a common child, parent (adoptive parent), grandmother, grandfather, sister and brother.

The person who intends to have a family visit shall provide the prison director with the document certifying the fact that she/he is a close relative to an inmate. For the admission process the visitor has to provide the respective employee of the penitentiary unit with ID or passport.

What can visitors expect?

A video conferencing will take place in the special room located on a territory of a penitentiary establishment and lasts up to 15 Minutes. Before entering the room, the visitor will be searched. He/she will be asked to present ID or passport as well. The administration of the prison facility and representatives of the National Agency of Probation are allowed to visually control a videoconferencing without listening in the conversation of the persons.

If something unexpected happens during the conversation, the respective employee of the prison can interrupt the videoconferencing. Short-term visits take place in special room located on the territory of a penitentiary establishment and lasts up to 2 hours.

The visitor will be searched before entering the room. She/he shall bring ID or passport to verify his/her identity. The administration of the prison facility and representatives of the National Agency of Probation only visually control a videoconferencing without listening in the conversation of the persons.

A long-term visit can take place in the special hotel-type building on a territory of a penitentiary establishment and lasts up to 23 hours. This time-limit might be extended by the director of penitentiary unit once a year up to 47 hours. Visitors will be searched before entering the room. For the verification purposes they must bring ID or passport.

Audio or video observation during the visit is not allowed. The convict or visitor can use the phone placed in the room to call an employee of the prison. If any suspicion arises during the telephone conversation between the visitor and the employee, the latter is authorized to enter the room and check the situation there.

A family visit can take place in the special room located on a territory of a penitentiary establishment and lasts up to 3 hours. The visitors will be searched before entering the room. For the verification purposes they must bring ID or passport.

What can visitors bring?

The visitors are not allowed to bring any items including cold weapons or firearms, photo-audio-video equipment, and other items for recordings (including a mobile phone) into the video-conferencing room or meeting room. With the permission of the chairperson of the Department of Corrections, the visitor can bring certain type of food with limited amount. There is a list of food permitted to get the inmate. The lawyer can obtain the list.

Visits: consular staff

Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most.

In Georgia, notification by the authorities to the Consulate normally takes place from within few hours to few days after the arrest. Once we are notified, we aim to contact you as soon as possible. Number of our visits depend on the need of a prisoner and circumstances of the case (e.g. if we are concerned about health or welfare, including mistreatment). Consular staff initiates the visit or you can let us know if you want us to visit. For this you can either call us, send a letter or speak to prison social worker and they will notify us.

You can write to us at any time on matters of concern (51. Krtsanisi street, Tbilisi 0114, Georgia – but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf or call us on the following telephone number: +995 32 2 274747).

Emergency trips outside of prison

The General Director of the Special Penitentiary Service may allow a convicted person to temporarily leave the prison facility if reliable information is received

• on the death or life-threatening illness of a close relative of inmate
• in connection with other special circumstances
• to carry out a social activity

The period of a temporary leave from a prison facility shall not exceed three days. The period includes the time of travel of a convicted person to the destination place.

Police custody and initial arrival at prison

Arrival at the police station and basic rights

When arresting the person on the grounds provided by Criminal Procedure Code (CPC) the police officer has to explain to the defendant, in the language that an arrestee understands, which crime she/he is suspected of committing, inform him/her about the right to have a defence counsel/lawyer, the right to remain silent and refrain from answering the questions asked, not to incriminate himself and that everything that she/he says can be used against him/her in the court. This means that the detainee shall be informed about the ground of arrest and shall be provided with interpreter for free who will translate the information into English.

If the respective authority fails to meet this obligation, it might be considered as a violation of the right of the detainee. If there is a suspicion that an arrestee is carrying a weapon or other evidence of his guilt, the arresting officer has a right to search her/him.

As soon as the person is detained, she/he has right to choose a defence counsel and use his/her services. The relationship between the detainee and his/her defence counsel is confidential. She/he is also allowed not to answer any questions and/or make any statements before consulting with the legal counsel.

The arresting official shall bring the arrested person to the nearest police station or other law enforcement body immediately. Both women and men are taken to the same facilities upon arrest but detained in separate cells. The personal belongings of the detainees will be collected by the arresting officials and given to the relative or legal counsel of the detainee.

Detainees stay at the Temporary Detention Isolators (TDI) for up to 48 hours before they are charges with the offense. Renovation of TDIs of the Main Unit of Human Rights and Monitoring is ongoing according to the recognized contemporary minimum standards. All of the Isolators operated by Ministry of Internal Affairs (MIA) comply with the international standards.

The MIA devotes considerable resources to constant maintenance of the isolators. Water and sanitation are ensured, as well as heating; food is supplied three times a day, and covers the basic nutritional needs. Persons who are arrested for more than 1 day for committing administrative violation/offence are granted access to outdoor exercise (1 hour) every day.

A person, against whom the court imposed administrative custody as a measure of administrative punishment for more than 7 days, has the right to meet close relatives once a month during his/her administrative custody. In order to arrange a short-term visit the administration of TDI should receive a written 2 days in advance. Additionally, such person has the right to conduct 1 telephone call for 10 minutes during his/her administrative custody throughout Georgia.

The term of arrest/detention for criminal offence without charge shall not exceed 72 hours. Within no later than 48 hours from the moment of arrest, the arrested person shall be presented with the indictment. If during this term the arrested person is not provided with the indictment, she/he should be released immediately. In addition to the aforementioned rights, the detainee has the following rights as well:

• she/he may, during the conduct of an interrogation and other investigative actions, use the services of an interpreter at the expense of the state, if she/he has no or insufficient command of Georgian, or has such physical disability that does not allow him/her to communicate without an interpreter

• she/he may, upon detention or arrest, request a free medical examination and obtain the relevant written conclusion. This right of the accused shall be exercised immediately. The accused shall also be authorised to undergo a medical examination at any time, at his/her own expense with the participation of an expert of his/her choice

• she/he may, upon detention or arrest, inform his/her family members or close relatives about the detention or arrest and about his/her location

• she/he may, by way of civil/administrative proceedings, request and obtain compensation for the damage caused as a result of the unlawful procedural action

• she/he or his/her defence counsel may inspect the evidence of the prosecution and obtain copies of evidence and materials of a criminal case

• she/he may: participate in the investigation of his/her charges, also in a court hearing, directly or indirectly, by using technical means; file motions and challenges; examine the evidence of the defence in the same conditions as those in which the evidence of the prosecution are examined; inspect the appeal filed by the party and express his/her opinion on it; examine the record of the court hearing and make remarks on them

• she/he may appeal the actions of an investigator to a prosecutor, as well as the actions and decisions of a prosecutor to a superior prosecutor

• she/he may not participate in investigative actions

If a person is convicted and sentenced to imprisonment, he is placed in a penitentiary establishment for convicted persons. A convicted person is placed to the penitentiary establishment located on the territory of Georgia. Men and women, as well as juveniles are placed in separate penitentiary establishments.

Appearance at court

Not later than 48 hours after the arrest, the prosecutor shall, file a motion with the court for application of a measure of restraint. If such motion is not filed with a judge within 48 hours after the arrest, the detainee shall be immediately released. If, however, the prosecutor files a motion regarding application of preventive measures, not later than 24 hours after a motion is filed, the judge will conduct the first court hearing.

At the first court hearing the judge will:

• a) will establish the identity of the accused
• b) find out whether the accused understands Georgian (if the person has not a sufficient command of Georgian, the interpreter will be provided)
• c) inform the accused of the essence of the charge and his/her rights, including the right to file a complaint (claim) for torture and inhuman treatment (if any)
• d) notify the accused of the type and measure of the sentence specified in the charges filed
• e) find out if it is possible to conclude a plea bargain, and in the case of consent of the parties, make a respective decision
• f) review a motion for applying a measure of restrain
• g) enquire from the accused person whether he/she intends to file any complaint or motion with regard to a violation of his/her rights. If detainee fails to appoint the lawyer and does not understand Georgian at the same time, mandatory defence (lawyer) at the expense of the State will be provided.

At the first court hearing the detained person will not be asked if she/he confess a crime. She/he has right to keep silence during the hearing.

The hearing will be conducted in Georgian which means that the parties and the judge are not allowed to speak English except for the detainee who can speak English and use interpreter during the hearing.

Initial arrival at the prison

Accused person is taken pictures when being placed at the penitentiary establishment. The personal belongings of the accused are checked and sealed. A special document is filed after the checking procedure. Upon entrance to the penitentiary establishment, the officer of the same sex as the accused himself/herself examines the accused.

Upon his/her arrival to the penitentiary establishment, the accused must be informed and provided by written notice about his/her rights, rules of treatment towards him/her, requirements of discipline and procedures for filing a complaint.

Upon arrival, the doctor of the penitentiary establishment also examines the accused person to determine whether: a) he/she needs treatment because of difficult health condition; b) he/she had been a victim of ill treatment before arriving to the penitentiary establishment.

After examination procedure a special medical file is filled, which must include all the information concerning the health condition of the accused person.

In case observing any kind of injuries on the body of the convict during such examination, administration of the penitentiary establishment has duty to inform the General Inspection of the Ministry of Justice.

General prison conditions

The Special Penitentiary Service of the Ministry of Justice of Georgia is responsible for execution of sentences and management of penitentiary establishments, as well as provision of free legal aid service.

Under Georgian Legislation there are several types of penitentiary establishments. These are low risk, semi-open, closed type and special risk penitentiary establishments and penitentiary unit for preparation for release. In addition, there are special establishments for women and juveniles.

In a low risk penitentiary establishment, convicts are placed in a cell-type dormitory. They may independently move throughout the facility according to the established procedure.

In a special risk prison facility, convicted persons are placed in special cells where it is possible to carry out visual and/or electronic surveillance and control.

In the semi-open establishments, convicts are allowed to walk during the day hours on territory of penitentiary institution, while in closed type establishments inmates have special hours for this purpose.

In the penitentiary unit for preparation for release, convicts are placed in a cell-type dormitory. They may independently move throughout the facility according to the established procedure. With the approval of the general director of Special Penitentiary Service, the convicts placed in this unit may leave it with certain terms and conditions determined by the order of the general director.

Special penitentiary establishments for women and juveniles generally are equal to the semi-open type penitentiary establishments. However, different levels of restriction apply to them.

In recent years several new prisons were built in accordance to European standards. The old penitentiary institutions were renovated and appropriately equipped. There are additional facilities available for women and juvenile inmates. Around 90 % of inmates live in good and appropriate conditions.

However, old prisons do not offer separate facilities for remand prisoners and many cells contain prisoners awaiting trial or convicted for a wide range of crimes from petty theft to drug trafficking.

In women’s penitentiary institution separate “mother and child” building was built. It created better living conditions for every child born in the penitentiary establishment while their mothers are serving their sentences. Children can stay with the mother until they become 3 years old and enjoy appropriate conditions.

In juvenile penitentiary establishments an individual approach toward each juvenile was implemented recently. Juveniles attend special school existing on territory of the establishment. The general educational process is in compliance with the existing standards in civil sector. Juveniles can participate in Unified Entry Exams for admission to state universities.

Also every Penitentiary establishment has its own internal rules, which convicted are bound to follow. In addition inmate has following duties: to maintain personal hygiene; keep his/her clothing, bed and living space clean and tidy and work on the workplace allotted by the administration of the establishment under the conditions established and the regulation of the establishment.

Foreigners are far less likely to be beaten than locals. However, if you feel you have a justified complaint, you should let the Consul know at the earliest opportunity.

Prison: conditions and daily life

Accommodation

Under Georgian Legislation there are several types of penitentiary establishments. These are low risk, semi-open, closed type and special risk penitentiary establishments, penitentiary unit for preparation for release. Usually, the prisoners share the cells/dormitory rooms in all types of prison facilities.

The maximum number of people is not determined, rather it depends on the type of facility, size of the room, etc. However, if a cell/dormitory room is shared, a living space per a convicted person shall not be less than 4 square metres. The prisoners have their beds (mattress, pillow, blanket) and beddings, tables, chairs and nightstands.

The living space of an accused/convicted person has a window providing daylight. An accused/convicted person is provided with the living space that has a heating as well natural and/or artificial ventilation.

Usually, a cell/dormitory room has a toilet that can be used by the prisoners living in that room.

Food and diet

Clean drinking water in unlimited amount should be provided in every establishment. Food is provided three times per day and should contain all necessary components for life and health of humans. The nutrition standards are determined by the joint order of the Ministry of Justice of Georgia and the Minister of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs of Georgia.

Pregnant and nursing women, juveniles, inmates with illness, persons with obvious and identifiable disability and aged persons (females from the age of 60 and males from 65) are provided with appropriate food. In addition, inmates have the right to purchase additional food products and personal items in the shops existing on the territories of all penitentiary establishments.

Hygiene

The inmate is provided with the opportunity of shower twice a week and barber service at least once a month. Usually, shower facilities in the prison are communal. Basic toiletries are provided by the prison administration. In addition, inmates are allowed to buy hygiene products and other permitted items in the shop available on the territory of the penitentiary unit.

If inmate does not have his/her personal clothes, the administration provides him/her with special seasonal cloth. When necessary an inmate is provided with a working uniform. He/she has a bed and bed linen for personal use.

Work and study

In general, convicted persons have an opportunity to receive complete general (elementary, basic and secondary) and vocational education. Prison facilities usually include a library containing both educational literature and national and international legislation on the enforcement of imprisonment, in the language understandable to accused or convicted persons. A person who does not speak Georgian shall be provided with the conditions for learning it.

Accused/convicted persons shall be employed on the territory of the prison facility if the facility is able to employ them. They may also be employed by a governmental or non-governmental institution operating in the territory of a prison facility. The employed person shall receive a salary for the work performed. He/she is granted the right to transfer the salary to his/her personal bank account in prison or to the account of his/her close relative or other persons or to fully dispose of the salary only upon his/her release. However, it is difficult for the prison administration to supply work to all prisoners because there are often not enough jobs.

An accused/convicted person shall have an opportunity to receive complete general education as determined by a joint order of the Minister and the Minister of Education and Science of Georgia. They are also allowed to study for qualification.

The prison facility ensures that the inmates are provided with all study tools. Generally, study process in prison facilities is in Georgian. The postal studies, however, is not common in the prison facilities in Georgia.

Contact and languages

As a general rule, communication with other inmates is not restricted and therefore is not punishable. The prisoner is allowed to request from the director of the penitentiary unit to place him/her with other English-speaking inmates. However, the director of the penitentiary unit has a discretion with respect to this issue.

The guards in penitentiary facilities in Georgia usually have very limited command of English. On the other hand, upon their request, the inmates who do not speak Georgian are provided with conditions for learning it. The inmates have no right to possess mobile phones and there is no internet access in the prisons. Prisoners, however, can use writing materials what will be provided by the prison administration upon their request.

The inmates have their library that can be used by them. The prison libraries are not very well-stocked, but the administrations of penitentiary units are trying to improve them. Inmates have access to all books and magazines/newspapers in the library.

In addition, they may subscribe to scientific, popular-scientific, religious literature and fiction, newspapers and magazines at their own expense and receive writing supplies, except for the items prohibited by an order of the Minister of Justice of Georgia and provided that the content of the subscribed items are not related to pornography; instructions for construction activities; instructions for assembling firearms and explosives; materials that include racial, religious and national hatred; other materials that may endanger the safety of the convict.

Generally speaking, prisoners are allowed to have access to press and other mass media. As a rule, radio and TV programs are broadcasted in a prison facility. Unlike the other types of the prison facilities, in a closed type or a special risk prison facility, the inmate or a group of inmates may buy and have personal radio or TV set only with the consent of the prison administration.

To improve a resocialization process, the administrations of the prison facilities usually organize different social programs and activities for the prisoners. The inmates are supervised during these activities. Taking part in these programs/activities seen positively by the prison administrations and consequently, is reflected in the prisoners’ prison records.

Exercise

Prisoners have the right to stay in the open air for at least one hour each day, during the daytime within the space allotted for this purpose by the detention/prison facility. In certain prisons, where appropriate facilities are provided, the prisoners may exercise during the daytime. From time to time, the sport events and activities are also organized by prison administration.

Climate

Summer in most parts of Georgia can be very hot, with climate in Western part of Georgia being quite humid. Winters are mostly mild in the cities but heavy snow and extreme cold can be expected in mountainous parts of the country.

The accused/convicted person has a right to possess his/her personal clothes. If however, the inmate does not have his/her personal clothes appropriate for the climate, the administration will provide him/her with special uniforms according to the season. If necessary, a convicted person is provided with a work uniform as well.

Religion

An accused/convicted person has the right to participate in religious ceremonies and meet with a priest, rabbi or minister of their faith, have in possession and use religious literature and objects of worship. The Penitentiary units, however, are not staffed by the religious ministers in Georgia.

Rules and regulations (including drugs)

As soon as the accused/convicted persons are transferred to the prison, they are explained the rules and regulations of the penitentiary facility. If the prisoner breaches the internal regulations of a facility, prejudices the order and safety, disciplinary measures might be used against him/her. The types of disciplinary measures are:

• a warning
• a reprimand
• restriction of the right to work for not more than six months
• restriction of the right to use allowed items for not more than six months
• restriction of the right to receive parcels and money remittances for not more than six months
• transfer to a cell type accommodation for up to six months
• placement in a solitary cell for up to 14 days
• restriction of the right to telephone conversations for not more than three months
• restriction of the right to receive and send private correspondence for not more than three months
• restriction of the right to use the shop available in the territory of the penitentiary institution for not more than three months
• restriction of the right to receive and send money for not more than three months
• disallowance of short visit privileges not more than six times a year
• restriction of the right to use a private TV set and radio up to six months

If behaviour of the prisoner includes the elements of crime under Criminal Code of Georgia, the official investigation might be commenced against him. Consequently, he/she can be charged with respective article(s) of Criminal Code of Georgia.

On the other hand, In the case of model behaviour and honest attitude to the work, the administration may apply different forms of incentives to a convicted person. In different types of the penitentiary facilities there are different forms of the incentives.

As known from the information available to public, drugs are not prevalent in the penitentiary units in Georgia. In order to observe the internal regulations of a penitentiary institution and prevent drug trafficking/distribution in prison, prisoners and their living area may be searched, and their belongings may be inspected.

The prisoners might also be tested by the administration if there is suspicious that they are under influence of drug. If prisoners unlawfully use, possess, sell and/or receive drugs, they might be imposed criminal liability. There is high possibility that prisoner will contract infectious diseases if they use drugs.

Many non- governmental organisations work on drug and alcohol addicted inmates at Georgian penitentiary System. In addition, Methadone treatment program is running in Establishment No8 in Gldani, Tbilisi that was awarded by the World Health Organization for successful Methadone treatment program in October 2011. The safety of the prisoners is strictly controlled by the administration of the penitentiary units. If safety issue is arisen, the prisoner can immediately request meeting or call with his/her lawyer and/or the embassy.  

Prison: access to help and services

How can I receive money?

There are two ways in which you may be able to receive financial assistance while in prison.

• private funds: deposited to you by your family or friends

• Prisoners Abroad: Depending on where you are detained, if your family can’t support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

• the British Government does not provide financial assistance to prisoners

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.

The Foreign, Commonwealth and Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

We are unable to receive payment by credit or debit card, or by cash.

As an alternative, you will be given the personal account. This account can be used by you to receive funds from your family, friends or relatives sent via bank transfer. The account information will be given to you be the prison administration.

Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources.

Can I receive medical and dental treatment?

While you are in detention, Georgia is responsible for ensuring your basic medical needs are met. Health conditions of inmates are recorded promptly after their admission to the system in the form of medical cards. Every inmate has his/her own electronic medical card.

In every establishment 24-hour medical units and dentists are functioning where nearly every kind of surgery can be performed. The instruction on how the prisoner can inform the respective authority in case of the need will be provided to inmates by prison administration.

Usually, the prisoners see doctors/dentist immediately upon their request. The medication and treatment provided by the penitentiary facility is free.

If requested, the inmate is authorized to purchase at their own expense more expensive or similar medication and medical remedies, than those offered by the state. In case of a reasonable request, with the permission of the director of penitentiary unit, inmate is authorized to invite a personal doctor at own expenses. When necessity exists, patients are transferred to specialized civil clinics.

The psychiatrist and the psychologists are also available for the prisoners. There is list of drugs recorded in the special order adopted by the Minister of Justice that can be taken by the prisoners in case of such need and upon doctor’s approval.

When you have a consular visit, it is up to you to explain exactly how you are feeling, mentally and physically. If you have a serious medical condition you should inform prison and consular staff.

Note: Please ask consular staff if you would like an information sheet regarding Health and Welfare whilst in prison. The sheet provides advice on basic health checks, common ailments and other infectious illnesses. It also provides details of nutrition, exercise in a small space, and yoga.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Mail/parcels

Inmates have right to send and receive an unlimited number of letters as envisaged by Imprisonment Code of Georgia, however, the correspondence between the prisoners is prohibited.

Family members of pre-trial and convicted inmates are able to send packages by post from any region of the country, with a special set reduced price, to penitentiary establishments, by means of the Post of Georgia. The procedure includes simplified parcel shipping procedures, as well as provision of financial relief to the family members of the inmates. The list of the allowed items is available in every postal office.

However, the postal system is not reliable and there will be occasions when there is nothing that they can do. Tell your friends/family to put your full name and prison number on the outside and to number letters in sequence. If you do the same you can keep track of anything that goes missing.

The correspondence of an inmate is subject to inspection, which includes visual inspection, without reading its content. In cases of extreme necessity, when there is a well-grounded belief that the dissemination of information will pose a threat to public order, public security or rights and freedoms of other persons, the administration may read the correspondence and, if necessary, not send it to the addressee.

The sender will be immediately notified of this action. Correspondence received in a sealed envelope is opened in the presence of the accused/convicted person. Such correspondence is subject to visual inspection, without reading its content.

Notwithstanding the mentioned regulations, the authorized person of the prison administration is prohibited from stopping and/or inspecting the correspondence of a prisoner if the addressee or sender of the correspondence is the President of Georgia, the Chairperson of the Parliament, the Prime Minister of Georgia, a Member of Parliament, a court, the European Court of Human Rights, an international organisation established under an international human rights agreement ratified by the Parliament of Georgia, a ministry of Georgia, the Public Defender of Georgia, a defence lawyer, a prosecutor or a local council of Penitentiary Service.

The prisoners also have right to receive and send parcels. The limitation regarding the number or other characteristics (e.g. size, weight, etc.) is usually determined by the director of the penitentiary unit, taking into account the type of the unit. The detailed information about any limitations with respect to parcels are provided to prisoners by prison administration. The inmates are given the list of the items that can be received/sent as well.

The parcels are inspected by the authorized employee of the prison. If the prohibited item that does not give rise to a criminal liability is discovered during the inspection, it will be returned to the sender. On the other hand, if the prohibited item that gives rise to a criminal liability is discovered, the authorized employee will draw up a protocol and sent it to investigative authorities.

Prisoners shall not pay guards for sending/receiving any letter or parcel. Otherwise, it can be considered as a bribe and the person can be subject to criminal liability.

It is necessary for the inmates to write the names and addresses (including postal code if possible) of the addressees on the letters/parcels they intend to send. If such information is not provided, the prison administration may be unable to send them. The prisoners may also place their names and the number and/or address of the penitentiary unit on the letters/parcels as well.

Can I make telephone calls?

Inmates have the right to telephone call which is done from phones on the territory of the penitentiary institution, however, a phone conversations between accused/convicted persons within detention/prison facilities is prohibited. Usually, the prisoners who intend to make a call, have to inform the administration of the penitentiary unit in advance.

A convicted person in a low risk prison facility may enjoy an unlimited number of phone conversations during one month at his/her own expense, each lasting for not longer than 15 minutes, and additionally, telephone conversations of unlimited duration at his/her own expense as an incentive.

In a semi-open type prison facility an inmate may enjoy 4 phone conversations a month at his/her own expense, each lasting for not longer than 15 minutes, and additionally, as an incentive, an unlimited number of phone conversations, each lasting for not longer than 15 minutes.

Inmates in closed type prison facility may enjoy 3 phone conversations a month at his/her own expense, each lasting for not longer than 15 minutes, and as an incentive, an unlimited number of phone conversations, each lasting for not longer than 15 minutes.

A prisoner in a special risk penitentiary unit may enjoy 1 phone conversation a month at his/her own expense, lasting for not longer than 10 minutes, and as an incentive, 1 additional phone conversation not longer than 10 minutes at his/her own expense.

A convicted woman may enjoy 5 telephone conversations a month at 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 more than 15 minutes.

In a juvenile rehabilitation facility, convicted persons may enjoy 5 telephone conversations a month at his/her own expense, each lasting for not longer than 15 minutes, and as an incentive, unlimited telephone conversations at his/her own expense.

It is best to give family and friends a range of dates and times when you will try to ring. Hundreds of prisoners want to make phone calls at the same time, so be prepared for a long wait and the likelihood of disappointment.

The restriction of the right to phone conversation might be imposed as a disciplinary measure if the inmate violates the internal regulations of a prison.

How can I make a complaint about mistreatment?

If you have been mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider.

With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

Prisoners have a right to file a complaint regarding the action (action or omission) of an employee carrying out activities in the penitentiary system, a legal act, decision and other violations of the rights. The inmates may file a complaint individually or collectively. A complaint shall be submitted in writing in accordance with the form approved by the Minister within three months after identifying the relevant ground.

To determine the addressee of the complaint or to solve other technical issues, an inmate can request consultation of the employees of the Social Services Department of the facility or a lawyer.

There is/are complaints box(es) (marked as “Complaint Box”) placed in the territory of a facility (in the place accessible to all accused/convicted persons). The prisoners should use such boxes for filing a complaint.

If you feel you have a justified complaint, you should let the Consul and your lawyer know at the earliest opportunity as well.

The Georgian judicial system

Is the system the same as the UK?

Georgian law belongs to the system of Continental Law, thus its sources of legislation are normative acts passed by authorized bodies. These normative acts consist of legislative and sub-legal normative acts which together make up the law.

The law is applied and interpreted by the judiciary which consists of the common courts and the Constitutional Court. The common courts system consists of three tiers: courts of the first instance, appellate courts and the court of cassation, i.e. the Supreme Court. The common courts of Georgia hear civil, administrative and criminal cases.

The decision of the court of first instance can be appealed to the appellate court and later to the court of cassation, which renders the final decision on the case. Criminal cases go through the investigation stage, the pre-trial stage and the trial stage. Following the trial, the relevant authority will decide the case. In Georgia criminal cases can be heard by the judge or a jury. Jury verdicts are not subject to review, whereas decisions adopted by the judge can be reviewed by the courts of higher instance.

The pre-trial and trial stages may last more than a year until adoption of the decision on the case. A defendant can also plead guilty or partially admit the guilt with respect to some of the charges and enter into a plea bargain with the prosecution party. The plea bargain must be reviewed by the court in order to ensure its lawfulness.

Prior to adopting the decision on the case the defendants subject to pre-trial detention will be placed in pre-trial detention facilities, whereas following a guilty verdict, they will be transferred to a prison, if they are sentenced to imprisonment.

The right of the prisoners is guaranteed by the Criminal Procedure Code of Georgia and the Code of Georgia on Imprisonment.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

What should happen when I am arrested?

The Judicial system in Georgia is not the same as in the UK. Although on the face of it there are many similarities. For example, prisoners are presumed innocent until proven guilty; they have a right to legal representation, interpreter, fair trial and appeal.

However, there are fundamental differences. There is no jury system rather the accused persons can request a jury trial only on the limited numbers of crimes. Georgia is a signatory to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Remember that you should never sign anything you do not understand.

When arresting the person on the grounds provided by Criminal Procedure Code (CPC) the police officer has to explain to the defendant, in the language that an arrestee understands, which crime she/he is suspected of committing, inform him/her about the right to have a defence counsel/lawyer, the right to remain silent and refrain from answering the questions asked, not to incriminate himself and that everything that she/he says can be used against him/her in the court. If there is a suspicion that an arrestee is carrying a weapon or other evidence of his guilt, the arresting officer has a right to search her/him.

The arresting official shall bring the arrested person to the nearest police station or other law enforcement body immediately.

The term of arrest/detention without charge shall not exceed 72 hours. Within no later than 48 hours from the moment of arrest, the arrested person shall be presented with the indictment. If during this term the arrested person is not provided with the indictment, she/he should be released immediately.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. A list of local English-speaking lawyers is provided at the end of this pack.

For how long can I be remanded in custody?

According to the Criminal Procedure Code of Georgia, after being arrested, person can be kept on remand indefinitely when there are grounds for such a measure in order to prevent a risk of absconding and obstruction of justice, obstruction in obtaining evidence or further commission of a crime by the defendant.

The defendant can be kept on remand for not more than 60 days before pre-trial hearing. The term of remand includes time from the moment of an arrest.

Remand period can be extended or reduced by the court after receiving the well-founded motion from one of the parties in the case. Each party can apply for reduction or extension of the remand term up to reasonable period. However, the overall term of remand cannot exceed 9 months. Remand person shall be released after the abovementioned period has expired.

There are some differences between conditions of the sentenced prisoners and prisoners on remand. Usually, prisoners on remand have limited rights to compare with the sentenced prisoners, e.g. they have limited right to access to phone calls and to visits.

The sentenced prisoners and the prisoners on remand can be placed in the same penitentiary unit.

What happens when I am charged?

As prescribed in the Criminal Procedure Code of Georgia (hereinafter CPC), prosecutor issues the ruling on bringing charges against the defendant and determines the time and location of presenting the charges. The charges are presented no later than 24 hours from rendering the ruling by the prosecutor, or upon prosecutor’s order, by the investigator to the defendant and his/her defence counsel.

A copy of the ruling listing defendant’s rights and duties is handed to the defendant or his/her defence counsel. Defendant and defence counsel should confirm, with their signatures, that they have familiarized themselves with the ruling and have received a copy.

If there is probable cause that a person who committed crime punishable by imprisonment will abscond from justice, will not appear in court, destroy the important information, or commit a new crime, the court may issue the arrest warrant. The arrested person shall be presented with charge/s within 48 hours from the moment of an arrest. If charges will not be presented in this term, arrested person must be released.

During the initial appearance, the court determines the defendant’s identity, ascertains if the defendant understands the language of proceedings, explains to the defendant his/her rights and the meaning of the filed charges; and a right to file a complaint in case he/she has been tortured or ill-treated, notifies the defendant about range and type of possible sentence for the charges filed against him/her, determines grounds for reaching a plea agreement and, if the parties consent, renders respective judgment; examines a motion to apply a measure of constraint, finds out from the defendant whether he/she wishes to file a motion or complaint regarding violation of his/her rights.

Initial appearance of the defendant before the court is held in one session. If the detainee believes that the charge against her/him is incorrect, he/she can declare his/her position in the court and present the evidence supporting his/her case.

Once the person is charged, he/she can enter a plea with the prosecutor’s office.

What provision is there for bail?

You may apply for bail under Georgia law. The bail represents a type of measure of constraint as prescribed in CPC. In general, measures of constraint are applied to ensure that the defendant does not avoid appearance in court, to prevent him/her from committing further criminal activities, and to ensure enforcement of judgments.

Established probable cause that the person will flee or fail to appear in court, destroy information relevant to the case, or commit a new crime shall be the ground for applying a measure of constraint.

As for the bail in particular, according to Georgian criminal legislation bail is a pecuniary amount or real estate, which is deposited to the account of the court or the agency of preliminary investigation by the defendant or by some other person on behalf of the defendant. An immovable property which will be posted instead of the bail will be arrested.

The bail amount is set by considering the crime which the defendant is charged with and his/her financial conditions. The amount of a bail is determined by the court. The minimum amount of bail is 1 000 GEL. If a defendant fails to post a bail on particular account, or violates the conditions of this measure of constraint, a heavier measure of constraint may be used against him/her, e.g. pre-trial detention etc.

In order to contact the friends and family willing to help, the FCDO and the post can assist an individual. The court does not keep the passport of the individual if the bail is granted. Forfeiture of a passport is a separate preventive measure which can be used together with the bail however it must be requested by the prosecution authorities in advance.

Based on the yearly statistic reports, the following preventive measures are used by the court the most frequently:

 * pretrial detention 
 * suretyship
 * a bail
 *	an agreement not to exit the territories of Georgia and abide by the law. 

In addition to these, other measures can also be applied by the court, such as the obligation to appear before the police, prohibition of certain types of activities, supervision by the court appointed body, forfeiture of a passport or other ID document. Unfortunately, statistics with respect to the use of these measures are not kept, therefore it is not possible to determine which one of these measures is used by the court frequently.

• the FCDO is not able to facilitate the transfer of bail funds.

Trial and legal assistance

What kind of legal assistance is available?

If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack. Prisoners abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

Most private lawyers ask for a cash advance for their estimated legal fees before taking on a case. The trial costs include:

• attorney fees

• fees related to services of an expert and their appearance at the hearing

• fees related to services of an interpreter and their appearance at the hearing

• fees for appearance of a witness at the hearing

• fees for maintaining or mailing material evidence, etc

The defendant must cover the costs related to private attorney services. The defendant must also cover the following fees if found guilty of the crime: the fees related to a defence witness, interpreter, expert, maintaining and mailing defence evidence, fees related to investigation activities carried out for the defence party. Such fees may be waived based on the financial situation of the convict.

The right to an attorney is guaranteed to all defendants and for all criminal proceedings. If a defendant, regardless of their nationality, does not have an attorney, they will be assigned a state attorney, whose fees will fully be covered by the state. The defendant does not need to apply for such services and appointment of a state attorney will be ensured by the prosecution authorities. Georgian legislation does not envisage other types of legal aid for defendants.

Georgian legislation does not envisage other types of legal aid, except as described above.

Consular staff cannot give legal advice, but they can provide you with a list of lawyers, some of whom speak English. Prisoners Abroad (see address below) can also supply information on legal aid, court proceedings and finding a lawyer. If you cannot afford a private lawyer, the court should appoint a legal aid lawyer, but the quality varies and they usually only speak Georgian. If you are not satisfied with a legal aid lawyer, you may change him, with permission of the court.

According to Georgian criminal legislation, at the moment of detention, or, if a detention does not take place – immediately upon being recognized as a defendant, as well as before any questioning a defendant is duly informed that he/she has right to a defence counsel.

The right to legal representation entails the right to a counsel and the right to choose the counsel, as well as the right to substitute the counsel of defendants’ choice at any time. Defendant is given reasonable time and means for preparation of his/her defence.

The relations (communication) between a defendant and a defence counsel are confidential and no restriction obstructing proper execution of defence may be imposed upon such relations.

The communication of a defendant in custody with his/her defence counsel may only be restricted by the means of visual surveillance.

A defendant has the right to refuse the services of the defence counsel and to independently carry out his/her defence, for which he/she shall be given sufficient time and means. A defendant cannot refuse the services of the defence counsel in cases of mandatory defence as defined in the CPC. It is obligatory for a defendant to have a defense counsel if:

• a defendant is a juvenile
• a defendant does not speak the language of the proceedings (Georgian)
• a defendant has a physical or mental disability that prevents him/her from exercising a defence
• a court order (ruling) assigning mental examination has been rendered
• the Criminal Code of Georgia foresees life imprisonment as a punishment for a committed crime
• a defendant is in the process of negotiating a plea agreement
• a defendant is charged with a crime for which this Code foresees a jury trial
• a defendant evades from appearance before the investigative bodies
• a defendant is removed from the courtroom
• a defendant is an unidentified person
• if simplified procedure regarding the extradition of the person is under consideration
• in the other cases directly referred to in the Criminal Procedure Code of Georgia

These rules apply to foreign citizens as well.

A defendant may not be represented by the defence counsel who has participated in the same case as a judge, a juror, a prosecutor, an investigator, a secretary of a court session, witness, expert, or an interpreter/translator; is providing or has been providing legal assistance to a person whose interests conflict with the interests of the defendant; or is relative of a judge, prosecutor, investigator or a secretary of the court hearing, who participated or participates in investigation or court hearing of the case.

Official language of criminal proceedings is Georgian. Consequently, If a defendant, defence counsel, victim and/or his/her representative has no command or sufficient knowledge of the language of criminal proceedings, or if he/she provides a written document which requires translation into Georgian, usually an interpreter/translator is summoned by the ruling of an investigator, prosecutor, or a judge, or by a court finding.

A defendant has the right to the services of the translator/interpreter on the expense of the State during questioning and other investigative actions, either if he/she has no knowledge or has no sufficient knowledge of Georgian, or if he/she has a physical disability that rules out any communication with him/her without an interpreter.

The rules established for an interpreter/translator also apply to a person who interprets sign language.
An interpreter/translator participates in each investigative action, as well as in a court session. There is a particular amount of translators for each language working at Court. However, if there is such need the court invites qualified translators from private translating companies to participate in court hearing. Private translators provide their services by force of an agreement between the court and translating company.

The Consulate can provide you with lists of sworn interpreters and Prisoners Abroad can help with organizing the translation of documents.

What happens at the trial?

The trial stage of the proceedings includes the following chronological phases:

• opening statements of prosecution and defense parties
• study of evidence, including: study of witness testimonies obtained during investigation or remote interrogation of a witness; obtaining witness testimonies during a trial, starting by interrogation of a witness, followed by cross-examination, which can be repeated by the parties once
• demonstration of evidence
• closing arguments of prosecution and defense parties
• replies to closing arguments
• final word or a defendant

After hearing the final words of a defendant, the court may pass the judgment on the case.

The substantial hearing of the case is led by the presiding judge, who announces the composition of court at the beginning of the hearing, as well as presents charges and asks the parties about their grounds of recusal of the judge, prosecutor, and defence counsel, secretary of the court session, interpreter, or another participant in the proceedings. The presiding judge explains to the defendant his/her rights, charges filed against him/her, the crime s/he is charged with, and the minimum and maximum of potential sentences under the Criminal Code of Georgia, including mitigating and aggravating circumstances.

If any of the participants in the proceedings fail to appear, the presiding judge rules on adjourning or continuing substantial consideration of the case. In case of an unexcused absence the court imposes a fine from 100 up to 5000 GEL on the person who failed to appear, which does not exclude the obligation of the participant of the case to appear before court.

Parties deliver their opening statements within a reasonable time. Opening statements are followed by the evidence examination. Evidence presented by the prosecution is examined first. Parties are entitled to represent exhibits during the hearing. Examination of evidence is followed by direct examination and cross-examination of the witnesses of each party. At the final stage of the trail, parties are given right to make re-direct and an additional cross examination, as well as objections, and finish their pleadings with closing arguments, along with remarks. The defendant, in particular, is given right to give his/her final statement.

Sentences

According to Criminal Code of Georgia each sentence is aimed at the restoration of justice, prevention of new crimes and re-socialization of a criminal. The purpose of sentence is not a physical suffering of a human being or humiliation of his/her dignity.

The list of sentences in Georgian criminal legislation is as follows:

• fine
• deprivation of the right to hold a position or pursue a particular activity
• community service
• corrective labour
• restriction of the service of a military
• house arrest
• imprisonment for a specific term
• life imprisonment
• confiscation of property
• restriction of rights regarding the firearm

Corrective labour, restriction of the service of a military, as well as imprisonment for a specific term and life imprisonment may be awarded as main sentence only. Life imprisonment may be awarded only in case of especially grave crime. It cannot be awarded to those who have reached sixty years by the moment of delivering the sentence.

As to the fine, community service and deprivation of the right to hold a position or pursue a particular activity, they may be awarded as main as well as additional sentence.

How can appeals be made?

Judiciary in Georgia is independent from other branches of government and is administered only by the courts. Justice is one of the forms of Judiciary and is administered through civil, administrative and criminal legal proceedings by common courts. Court’s system of Georgia consists of the three instances:

• District (City) Court
• Appellate Court
• Cassation (Supreme) Court of Georgia

District (City) Court is a court of first instance that adjudicates cases under its jurisdiction according to the procedural legislation either unilaterally or, in cases provided by law, collegially by three judges. If the accused is charged with the commission of a crime subject to a jury trial, he/she has the right his case to be examined by a jury.

Appellate Court considers appeals on the decisions of District (City) Courts collegially, by composition of three judges, provided for by procedural law. Appeals against judgments and other final decisions of district (city) courts with regard to less serious and serious criminal offences may be heard by a single judge of the Criminal Chamber of the Court of Appeal.

The Supreme Court of Georgia administers justice as the court of the supreme and the final instance, which has been established as the court of the pure cassation instance. It reviews the justice administered by common courts and in its activities relies only on the law and the principals of collectivity, publicity, equality of parties and the adversarial nature, as well as on the inviolability and independence of the judge.

If a party considers that the judgment issued by a first instance court is illegal and/or unsubstantiated, he/ she may appeal to the Court of Appeals.

Appeal may be filed only by a prosecutor, a superior prosecutor, a convict and/or his/her counsel. A defence counsel may file an appeal only when the convict is a juvenile or has a physical or psychological defect which excludes the possibility to obtain his/her consent. The appeal shall be filed with the court which rendered the judgment within 1 month from announcing the judgment.

A defendant, who was convicted in absentia, may appeal the judgment within one month from the moment when he/she is arrested or appears before the relevant agencies.

Court of Appeals may overrule the judgment of the first instance court and respectively render new judgment of acquittal or conviction; Court of Appeals can amend judgment of the first instance court or leave it unchanged. Judgment rendered by the criminal chamber of the Court of Appeals can be challenged if one of the parties believes that it is illegal. A prosecutor, superior prosecutor, convicted felon and/or his/her legal counsel may appeal it through the cassation procedure.

A jury verdict of guilty plea may be appealed only through the following cassation procedure: Court of cassation may hear the cassation appeal concerning an occurred substantial violation of the Procedural Code that was not revealed during the first or appellate instance court hearings; Besides, judgment may be challenged through cassation procedure if the defendant’s criminal action was improperly classified; or the type and size of the sentence imposed clearly does not correspond to the character of the convicted person and the type of the committed action.

The cassation appeal shall be filed with the court which rendered the judgment within 1 month from announcing the judgment.

Convict can put his/her case in appeal, as well as in cassation appeal without paying any costs.

Reaching the end of your sentence

What provision is there for reduction of sentence (remission) e.g. for good behaviour?

According to the Code on Imprisonment of Georgia, Parole Board of the Special Penitentiary Service may replace the prison term of a person charged for minor offence with a less severe sentence in consideration of the convict’s behavior. Furthermore, the convict may be fully or partly released from serving the additional sentence.

Remission (commutation) of the charged term may be admissible only if convict has actually served at least one third of the awarded term of the sentence.

Parole Board can remit the remaining period of imprisonment with community service or house arrest upon the consent of the convict. In addition to the consent other preconditions for remission are:

• if third of sentence has passed in case of minor offence
• the half of the sentence has passed in case of grave offence
• the two thirds of the sentence has passed in case of extremely grave offence

The convict sentenced to life imprisonment may get remission if he/she has stayed in imprisonment for 15 years and Parole Board considers there is no longer the need for further imprisonment.

What provision is there for early release e.g. on parole?

A convict, who is serving a sentence, may be released on parole and the unserved part of the sentence may be replaced with a more lenient sentence on basis of the motion issued by a Local Parole Board of the Special Penitentiary Service. There are six Parole Boards: four for adults, one specializing on woman prisoners and one specializing on juveniles.

The Local Parole Board consists of five members:

• one employee of a structural subdivision of Civil Service of the Special Penitentiary Service
• one employee of the National Probation Agency
• one representative from the High Council of Justice of Georgia
• one representative from non-governmental organizations
• one representative from general and higher educational institutions

Application and relevant documentation may be filed with the Parole Board by the convict, his/her lawyer, legal representative (close relative) or the director of the relevant establishment.

Parole may be granted only in case the convict has actually served:

• no less than half of the sentence awarded for a minor offence
• no less than two thirds of the sentence awarded for any grave offense
• no less than three fourths of the sentence awarded for any especially grave offense
• three fourths of the sentence awarded to the person previously released on parole but the parole was annulled
• three fourth of a sentence awarded to the person whose sentence was previously remitted

The Parole Boards of the Special Penitentiary Service takes into consideration several criteria e.g. the category of crime, conduct of convict in the penitentiary establishment, previous conviction record, family circumstances, personality of the convict while making a decision concerning the release on parole.

On ground of such a decision the convict must be released from the penitentiary establishment. The control over the behavior of the person released on parole is exercised by the national agency of probation and the particular probation officer who is assigned to the probationer. The decision of the Parole Board denying parole to the convicted person may be appealed to a court.

What provision is there for clemency or pardon?

As prescribed in the Constitution of Georgia, pardon is administered by the President of Georgia towards individually specified persons. The convict may be released from the sentence or the sentence awarded against him/her may be commuted to a less severe sentence through pardon procedure. The act of pardon may annul the previous conviction of the person who has already served a sentence.

The act of pardon is officially issued as an order of the President. President of Georgia is not presented with the case of the person, who:

• is serving life sentence, if he/she has not served at least 20 years
• has been convicted for more than two crimes and has not served at least half of the sentence
• has been convicted for more than 5 years for a grave crime or especially grave crime and has not served at least one fourth of it
• has committed a deliberate crime during his/her conviction for another crime and has not served at least two third of it
• committed a deliberate crime while he was subject to amnesty or pardon and the time his/her conviction had to expired and has not served at least two third of the sentence
• is serving a conditional sentence for the crime that was committed during the probation period used by the court and has not served at least two third of the sentence
• committed a deliberate crime while he/she has been conditionally released and has not served at least two third of the sentence
• has a criminal case that is not considered by all instances of courts
• does not ask for pardon

Presidential Decree prescribes the rules governing the procedure for the Special Service at the Administration of the President of Georgia, which prepares and sends the cases to the President of Georgia. It will be helpful if you submit your application with supporting letters. The most important will be from family members.

Others should be from friends and past employers, plus one from either your doctor or another professional person who will support your case, i.e. your MP or MEP, or a lawyer. If appropriate you may also request support from Prisoners Abroad. About half a dozen letters is enough, but obviously the more the better.

The process of collecting letters of support can take a long time, so allow plenty of time for replies and to follow up all offers of help. The letters should be written in, or at least translated into Georgian. In an emergency Prisoners Abroad may be able to help with translations.

The communication shall be submitted to the administration of the President of Georgia. The administration will collect all relevant information from different institutions within one month and send the documentation to the Pardon Commission for further consideration.

The other mean for remitting the sentence is the procedure of amnesty. The Parliament of Georgia toward individually unspecified persons declares amnesty. The convict may be released from criminal liability under the act of amnesty and the convict may be released from the sentence or the sentence awarded against him/her may be commuted to a less severe sentence. The act of amnesty may also quash the previous conviction of the person who has already served a sentence.

What should I say (Application for the Pardon)?

The Member/s of Parliament of Georgia, organizations and Institutions file by the convict, or by members of his/her family, as well as motion for the Presidential Pardon. Applicant may enclose some additional documents and information to the motion. Such can be: Copy of the judgment, notice regarding serving a sentence, recommendation from workplace (if any) or from the local authority. Person making application may also enclose all the documents relevant for the decision on awarding Pardon.

The content of the letter mostly reflects the circumstances of each case in particular. However there are some general issues which are taken into consideration during decision making process, therefore it is recommended to include specific information in the motion, such as e.g.

• personality of a convict
• the gravity of the crime committed
• period of the served sentence
• behavior of a convict at the penitentiary establishment
• health conditions
• family conditions
• personal opinion of a convict

When should I apply (application for the pardon)?

The convict is entitled to submit application on pardon anytime. The list of candidates suitable for pardon is sent by the Service to the President of Georgia for the final decision. Constitutionally, the President is authorized to use pardon at any stage of the procedure or without using this procedure at all.

A person can re-submit the application for pardon to the Commission after 6 month from the date when negative decision was issued.

What about any financial penalties?

There are several types of fine stipulated in the Georgian legislation. The most severe form of fine is used as a sentence for the crime. Fine may be also awarded as additional sentence. The minimum extent of fine is five daily payment and maximum - two hundred daily payments.

If a convict pays off the bail before being charged with the fine sentence, the amount of the bail will be included in the fine amount. If convict is juvenile or indigent, the fine can be paid by parents, fosters or guardians.

The other type of the fine is administrative fine, which is sentence for the administrative misdemeanor. Usually, administrative fine must be paid off within 30 days after receiving the receipt. In case the fine will not be paid in this period, the body having taken the decision passes your case to the enforcement bureau for the compulsory enforcement of the decision. If several administrative fines have been issued, each of them will be enforced separately and handed over for enforcement by the decision-making body or official.

Amount of the fine for administrative violation is paid in a bank institution and transferred to the state budget. The compulsory enforcement procedure consists of several stages. In 5 days after the case is started, the enforcement officer sends notification about voluntarily fulfillment of the decision during seven days and at the same time starts investigating property registered to the name of violating person. If there is no property registered to his/her name or he/she do not have share in joint property, enforcement officer has the right to enforce payment of the fine from salary or other income which may exist in form of account in a bank.

In case the fine is paid during 7 days, violating person must notify the enforcement officer about this fact, otherwise compulsory enforcement will continue.

Fine is used also as a disciplinary punishment for the violation of a court order, non- compliance with the resolution of a presiding judge, or expression of disrespect towards the court a presiding judge of the court session. In such case person is fined on the basis of the decree of general court chairman or assembly chairman, for violating court order, and is obliged to pay the mentioned fine in 30 days after announcement or hand over of the decree. Otherwise compulsory enforcement will be initiated by enforcement officer of the National Bureau of Enforcement.

Is transfer to another prison within Georgia possible?

According to a general rule, a convict serves his/her sentence in a custodial establishment located near the place of residence of his/her family members or a person with whom he/she lived. In exceptional cases a convict may be transferred to other custodial establishment due to his/her health status, personal security or/and at his/her own consent.

A convict may be transferred to another same type establishment by the decision of the Chairperson of the Department due to the illness of a convict. He/she may be transferred in order to ensure his/her security, as well as in cases of reorganization, liquidation of the establishment, overcrowding or other significant well-grounded circumstances.

If an accused/convict is transferred to other pre-trial detention/custodial establishment, the personal file shall be forwarded to the respective establishment.

Transfer of a convict from the semi-open type custodial establishment to the closed type establishment is carried out due to safety reasons, risk of epidemic diseases, and infectious disease of a convict, permanent violation or regulation of the semi-open type establishment. During the transfer of the convict from one establishment to another, handcuffs may be used in order to avoid his/her escape.

When transferring a convict to the closed type establishment, the rules applied in the semi open establishment will still apply to him/her.

The procedure and conditions of transfer of a convict to a custodial establishment is defined in the order issued by the Minister of MoC. There is also a special Ministerial Order regulating the process of transfer of the convicts/convicts suffering from tuberculosis to the medical establishment.

They are usually transferred to medical establishment on basis of schedule or emergency circumstances, upon the order of director of the penitentiary establishment who considers the recommendation of the medical department of MoC. Recommendation by itself is issued according to the motion of the doctor of the medical establishment.

A convict is transferred back to the penitentiary establishment upon the issuance of decision of director of the medical establishment and motion of the curing doctor. The control of the convicts at the medical establishment is provided by the officers of penitentiary establishment.

Is transfer to the UK a possibility?

Georgia and the UK are signatories of the European Convention on Mutual Assistance in Criminal Matters which regulates the cooperation between the member states with respect to criminal matters. Georgia also enacted the Law of Georgia on International Cooperation in Criminal Matters which allows the state of Georgia to transfer a foreigner sentenced to imprisonment in Georgia to his/her state of nationality to serve the remaining part of the sentence.

To transfer, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. You should be aware that even if the sentencing State agrees to your transfer then the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family residents there.

To initiate the procedure for the transfer, a foreigner has to submit application/motion to the Ministry of Justice of Georgia. After receiving a motion/application, the Ministry of Justice of Georgia will request from the relevant Georgian agencies the respective documents and a certificate of compensation for the damage caused by the wrongful act of the convicted person.

The Ministry of Justice of Georgia will, after receiving the application of the convicted person, prepare a request to the competent authority of the state of which the convicted person is a national. After analysing the documents obtained in the process of transfer of a convicted person the Ministry of Justice of Georgia will prepare an opinion on the reasonableness of transferring the convicted person.

If the request for the transfer of a convicted person is granted, the convicted person will be transferred by an order of the Minister of Justice of Georgia. If, however, a request for the transfer is denied, the Ministry of Justice of Georgia will notify the requesting party/the applicant accordingly.

To find out more about transfers to the UK: In Prison Abroad

What are the procedures for release and deportation?

Unfortunately, the information on deportation of foreign individuals who have committed offences is not subject to statistical analysis, therefore, it is unclear whether such deportations are frequent. However, foreigners who have committed offences may be subject to deportation if for example they have committed an intentional crime and were imposed imprisonment for more than 1 year, or are on probation, or systematically violate provisions of laws of Georgia.

If an individual is subject to deportation, they may, subject to certain preconditions, such as threat of evading justice, be detained and placed in a temporary isolation cell or in a temporary placement facility. Such individuals may be detained for a period up to 3 months, which may be prolonged based on a court order up to 6 months.

Upon the arrest the individual will be provided with information on the grounds for their arrest and will be explained their rights including the right to address diplomatic/consular bodies. The law does not specify a particular stage when relevant diplomatic authorities will be allowed to make representations regarding deportation, therefore, their involvement in proceedings would be possible at any stage from the moment of receiving a relevant notification.
An individual can appeal the decision on their detention. Individuals can also appeal the decision on their deportation within 10 days from adoption of such decision.

According to Georgian legislation, an individual can be returned to the state of their nationality or the state of their residence. The law does not determine the priority between possible states where an individual may be returned. Therefore, there is a possibility for British citizen can be deported to UK even if the latter was no longer a resident there.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• Putting you in touch with local agencies if you are not returning to the London area.

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 8 AM to 4 PM, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9 AM to 5 PM.

A convict shall be released from a custodial establishment:

• after serving a sentence
• in the case of parole
• in the case of substitution of the remaining part of the sentence by a less grave sentence
• due to the alteration or reversal of a sentence commensurate with the procedure, envisaged by law
• due to amnesty or pardoning
• due to illness or old age, in cases, envisaged by the Georgian legislation
• due to postponing of enforcement of the judicial verdict

There is a list of serious and incurable illnesses approved by the Minister of Health, Labour and Social Protection of Georgia, which represents grounds for the release of a convict from serving a sentence. If there are no grounds for early release, convict is released the day before the expiry of the charged sentence. When the day of release coincides with a holiday or a weekend, a convict is released on a previous working day. Personal belongings and clothes, kept with the administration of the establishment will be returned to a released person.

Deportation of the foreign citizen is possible in case there are particular circumstances observed. The grounds for deportation are:

• foreign citizen illegally entered the country
• there are no legal grounds for foreign citizen to remain in country
• presence of foreign citizen contradicts with the state security and public order
• deportation in necessary for protection of health, rights and legal interests of other person
• foreign citizen permanently violates legislation of Georgia
• foreign citizen received the right to enter and reside in country on basis of false and void documents
• he/she was given a non-custodial sentence and it is not completed or he/she has been given a conditional sentence and the probation period has not been expired
• foreign citizen is sentenced to more than 1 year of imprisonment for more than one aforethought crime; (deportation takes place after serving a sentence)

The decision on deportation of the foreign citizen is made by the Ministry of Internal Affairs in case of first two grounds or by the Court in all other cases listed above. The decision-making process starts after receiving a notice from any relevant authorities regarding the grounds for the deportation of particular person.

After decision on deportation is made, Department of Citizenship and Migration puts precise stamp in the passport or other travel document of the person and asks to leave country on voluntary basis. If a person does not leave country by himself/herself within the time limit determined by the department, the deportation is conducted by the authorized agency in a compulsory manner and the person will be subject of administrative fine.

Would I have a criminal record in the UK?

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial.

Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 am to 6pm, and Wednesdays to Fridays 9.30 am to 4.30 pm, UK time)

Email: info@prisonersabroad.org.uk

Website: Prisoners Abroad