Inmates Contract Tuberculosis in Temporary Isolator Detention Cells

Gela Mtivlishvili, Kakheti

The Georgian Ministry of Internal Affairs facing a public health crisis as  inmates are faced with  living in the most  unbearable of conditions when they are locked up  isolator cells  for temporary detention. The worst situation is at the regional level where isolators are not maintained and sanitary and health conditions are horrendous. Georgia boosts international standards in many spheres but not in terms of such cells, There is a lack of toilets, water is leaking into the cells, window-glasses are broken, or there are no windows in the cells at all. There are no beds and detainees are forced to sleep on the concrete floor under the worst of conditions. The level of nutrition is another problem for an already stressed population, and it is utter hell for those who have to serve out sentences for  administrative charges; to spend  thirty days under such conditions is cruel and inhuman treatment. Public health specialist considers that such conditions provide perfect conditions breeding rats and other vermin, including parasites, and in the prisons doctor-epidemiologists expect that there will be an outbreak of contagious diseases, including TB, which can spread very rapidly.

The isolator cells for the temporary detention of suspects and other short term inmates are predominately attached or located at police stations. Although many police stations have been recently been repaired and the conditions have notably improved, nothing has changed in the detention cells. One of the former inmates reported to the Human Rights Center that because of unsanitary, cold and hunger he has contracted tuberculosis, a decease that can be fatal

“At the level of the district court I was imposed with thirty-day administrative jail term because over minor hooliganism. I was placed in the isolator cell of the Dedoplistskaro Police Department. Prior to my confinement never experienced health problems before but on the fifth day of my imprisonment I started to fell sick. I asked the policemen to take me out of the cell for several minutes but they refused. The cell did not have a window; we could not see anything and it was difficult to even breathe; there was not any central heating. We did not have bed and board to lie on so we slept on the concrete floor; it was horrible. I and other prisoners contracted lung-inflammation as a result of hunger and cold. However, nobody provided medical assistance for us. When I left the isolator the doctors diagnosed me with tuberculosis. I tried to undergo medical treatment but my health conditions are still poor,” said S.M.

Another former prisoner, T.G. stated that he was beaten by rats in the isolator cell of the Kvareli Police Department. “While I was in prison I noticed that I had a scratch on my leg but I did not pay any attention to it. One month after my release from prison I felt sick. Medical examination diagnosed that I was suffering from rabies, which I must have caught from the rat bite.

I remember a twenty-four-year-old boy who was placed in my cell for ten days because of being a regular drug user. On the third day he went crazy because of poor conditions,” said the former prisoner.

According to the criminal law, the suspect shall spend less than 72 hours in the temporary detention cell. 48 hours out of total with the status of suspect and the rest 24 hours as an accused person. Doctors say the time is enough for a person to become sick because of the horrible conditions that they faced in custody.

“The conditions in almost every isolator we have visited so far are enough for an inmate to catch some disease and suffer from mental illness. The cells are full of rats, insects, fleas and other parasites. Rats carry various diseases like rabies, leptospiroz, leis-mania, etc that can be life threatening, Tina Tsverikmazashvili, Lali Batsanadze and Marina Kapanadze, epidemiologists facilities. The doctors visited the holding facilities several days ago in an effect to avoid the spread of contagious diseases and to prevent a public health crisis. 

It is the responsibility of the Public Defender’s Office to monitors temporary detention facilities in Georgia. Giga Giorgadze, the head of the Monitoring and Justice Department within the Public Defender’s Office, stated that their monitoring group has visited several isolators and police stations from January to June 16 of 2008. “Like previous years, while monitoring we met inmates who had injuries on their bodies. During interviews with our representatives the detainees confirm that the policemen have abused them. Very often, the detainees complain that they were not officially summoned about their subsequent detention and were picked up and taking directly into detention,” stated Giorgadze.

-What kind of technical conditions are there in the temporary detention isolators of the Georgian Internal Ministry?

-Almost none of the isolators have shower facilities, medical room, normal running water and a ventilation system. The problem is particularly urgent for the people who face administrative charge for short term detention to serve out their time. Tbilisi’s temporary detention isolator was only cosmetically repaired but that was not enough to fix the real problems there. Natural ventilation is also problematic, the isolator in Tbilisi is not supplied with running water and inmates are forced to lie on wooden boards instead of normal beds or cots; the detainees are not able to get any exercise and cannot even go out for a short walk.

-What are the conditions in the regions? Are conditions there: better or worst?

-I agree with you but I cannot recall offhand some examples to illustrate the real situation facing temporary detention isolators. I now that the Tkibuli Police Station has four cells. No shower is provided here and the toilet is only for general use and the wash basin is next to it.

The isolator in Tkibuli also does not have a yard for walking, and this is especially hard on those sentenced for petty crimes on the administrative level. The same situation is faced with the Terjola temporary detention facility.

Zestaponi temporary detention setting has five cells and only one of them has a window. The cells are not ventilated and they do not have toilets or showers. There are no mattresses on the boards to lie on; this isolator also does not have a yard. In addition, guard’s room and the room for the interrogation of detainees have but window, so that the guards can easily hear the conversation between the inmate and their attorneys; the fact contradicts with the right to confidentiality.

The Internal Ministry reported that Marneuli temporary detention facility was being repaired, but in the meantime technical conditions are still unbearable and not fit for normal life.

As for the temporary detention setting in Dusheti, it has four cells but the heating and ventilation system in the cells are substandard and the lighting is very poor. There is no toilet there as well, and the isolator does not even have a shower; the facility is not even supplied with water.

Gardabani temporary detention setting has five cells; there is no heating; the windows do not have glasses and the cells are very cold; there is no ventilation system and or place to take a shower; the cells are not properly lit.

Dedoplistskaro temporary detention setting has three cells and two of them do not have windows. The third cell has the window that was boarded up. There is no ventilation and heati8ng system; the cells are not lit properly. The boards for sleeping and unsanitary in the setting make the living unbearable.

Although the Sagarejo temporary detention setting was repaired, the cells do not have ventilation system; there is not enough light inside and the toilet is located in the corridor.

Telavi isolator does not have ventilation system and the cells are very damp that threat the health of inmates. Gurjaani temporary detention setting does not have ventilation system; it is not supplied with water; the cells are not heated and there are unsanitary conditions in the setting.

As for Kvareli isolator, it does not have ventilation system, water supply and heating either.

-Are isolator cell in other regions faced with conditions?

-No, the same problems are experienced in other Georgian regions. Rehabilitation works were carried out in several isolators in the regions but the hygiene standards have not been achieved. Consequently, the conditions and unsanitary in the cells and this is degrading to human rights of the inmates. Technical situation of the temporary detention settings does not comply with international standards.

-What are the demands of the national legislation and international human right conventions regarding the protection of the rights of prisoners and detainees?

-People are placed in the temporary detention settings because of some administrative charge. According to the Paragraph 99 of the Recommendation # q (87)3 to member states, dated by February 12 1987 and prepared by the Committee of Ministers of the Council of Europe, the countries where imprisonment is imposed based on court decision as a result of criminal court proceeding, the prisoners should not be restricted or intimidated more that it is necessary for their safe placement in the custody and for maintaining public order. They shall not be treated worse than the prisoners in temporary detention. As for Georgian legislation, the Georgian Law on Imprisonment states that every prisoner has right to enjoy one-hour-walking in the fresh air.

Regarding the light and ventilation in the detention settings, the Rule # 11 of the UN Standard Minimal Rules for the Treatment of Prisoners, states:  “In all places where prisoners are required to live or work, (a) windows shall be large enough to enable the prisoners to read or work by natural light, and shall be so constructed that they cannot be allowed fresh air, and whether or not there is artificial ventilation; (b) artificial light shall be provided sufficient for the prisoners to read or work without injury to one’s eyesight.

Committee for the Prevention of Torture within the Council of Europe estimated that lack of air and light creates degrading treatment for prisoners. Corresponding governmental agencies should investigate the cases of each prisoner to determine if the implemented security measures are reasonable or not in each separate cases, and whether such measures are necessarily to be taken; the prisoners shall be provided with adequate light and allowed fresh air.

According to Rule # 13 of the UN Standard Minimal Rules for the Treatment of Prisoners, adequate bathing and shower facilities shall be provided in allowing every prisoner to be able to take a bath shower, and at a temperature that suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region, but at least once a week in a temperate climate. The Rule 15 of the same document states that “prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness”. The cleanliness and personal hygiene is important to preserve the dignity of the prisoner. Thus, everything should be done to create all necessary conditions for the prisoners to maintain their health and personal dignity.

According to the Rule 17 of the “Prison European Rules” adopted by the Committee of the Ministers within the Council of Europe, The sanitary installations and arrangements for access shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in clean and decent conditions. Rule # 10 of the UN Standard Minimal Rules for the Treatment of Prisoners states that “all accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, with due regard being paid to climatic conditions and particularly to minimum volume of airflow, minimum floor space, adequate lighting, heating and ventilation.”

-That means the conditions in the temporary detention isolators does comply with the standards as required by international conventions. Then what activities are being implemented by the Public Defender’s Office to overcome and eradicate the problem?

-The public defender sent various recommendations to the Georgian Minister of Internal Affairs about the problem. He recommended turning the detention settings into institutions that comply with internationally recognized standards and improving current conditions that exist. However, nothing has changed to the better as yet.

According to the Georgian Supreme Court’s reports in January, February and March of 2008 1,069 persons were imposed with administrative charge; in 2007 5,102 people were imposed with the same charge. In addition, the detention setting holds inmates that are only suspected for having committed criminal offences. Finally, the total number of inmates housed in temporary detention facilities in Georgia in 2007 and first half of 2007 total 10,000 inmates.