Right to communicate
Whilst in prison, you should be able to maintain relationships with your family and other persons as normally as possible. This includes your right to meet them in person for at least as many times as reasonably necessary for maintaining a relationship with them.
During these meetings, you should be able to talk to your family members. Usually there is a separating glass wall between you and your visitor However, in some cases based on the written authorisation of the prison head, you may have a direct meeting with your visitor in a specially entitled room.
What is family?
According to the Imprisonment Code of Georgia members of your family are your:
- parents (adoptive parent, step-parent, spouse parent)
- spouse
- children (step-children, adopted child, her/his descendants)
- a partner with whom you have a child
- siblings
- grandparents (great grandparents)
- grandchildren
- nephew, niece and their children
- uncle and aunt
- cousin
- a person with whom you lived and run a common household for the most recent one year before the arrest
Your unmarried partner, with whom you have children together, is also considered your family member.
Frequency and duration of visits
In Georgia, there are different types of visits that you can have with the members of your family and other relatives – short visits (up to 2 hours), long visits (up to 47 hours), video visits (once in every ten days 15 minutes each) and family visits for a convicted woman (up to three hours).
The frequency and duration of visits depends on the type of prison you are in and the level of the sentence execution regime. You may also have short visits with persons other than your family members through the video call.
If you are in an investigative prison awaiting your trial, you are allowed to meet with your family, other relatives. In some cases based on the special authorisation of the prison head you may have a short visit even with the people that are not in the list above. However, long visits are not allowed in an investigative prison.
Restrictions and monitoring
Every restriction (such as, the number of visits, the duration of visits or the methods of supervision) must be as permitted under the law, well-grounded and limited in time.
Georgian law allows restrictions on visits in prisons, but only for security reasons or as a disciplinary punishment. An individual decision regarding a restriction must be recorded. The need for restrictions should be well-reasoned, individually assessed and specific to your case. The restrictions should not be more severe than necessary for your individual situation.
important The prison administration cannot prevent you from seeing your family at all.
Georgian law allows the prison administration to monitor your meetings visually, without monitoring the content, but only if there are security concerns, if the visitor requests this or if there are other well-grounded reasons. These reasons must be individually assessed and specific to your case. An individual decision regarding the level of monitoring should be made. The prison administration should choose the least restrictive method of monitoring that is effective in your situation.
example Mute video surveillance will be less restrictive than having a guard present in the meeting room.
What human rights violation may there be?
If your visits are unlawfully restricted and monitored, namely, in situations that are not allowed by law, where restrictions are unnecessary or too strict for your case, this may result in the violation of your privacy and family life.
If the head of your prison has denied you a visit or applied unlawful monitoring methods, you should complain to the general director of the penitentiary service. Read more about how to complain.