Facts and figures

Recommendations

Solitary confinement, isolation

Women prisoners placed in the closed unit of the establishment:

• Should be given access to fresh air at least 2 hours on a daily basis. 

• Should be given the opportunity to use sport equipment placed in the same building. 

• Should be granted increased access to shower, through amendment to the Order N116 of the Minister of Penitentiary and Probation.

Body searches

• Ensure body searches in accordance with the Bangkok Rules and eradicate the degrading practices. 

• The request of full search should be based on security risk assessment for each individual case and must be in accordance with the principles of necessity and proportionality. 

• Take all necessary measures to eradicate the practice of undressing the clothes altogether.

• Eradicate the practice of crouching.

• Take all necessary measures to apply body scanners as alternative and not complementary means of body searches. 

• Ensure the monitoring of the procedure by the General Inspection in order to avoid arbitrariness and ensure the compatibility of the procedure with national and international standards. 

Mental health

• Develop and implement an instrument for periodic mental health screening. 

Mothers with children in prison

• Review and amend the procedure of separation of children from their mothers and consider the best interest of a child. 

• Reduce the risk of traumatization in the process of separation.

Detention Issues

Solitary confinement, isolation

The NPM highlighted the problem of women prisoners who are placed in the separated and closed unit of the establishment. Placement in so-called closed unit is different from disciplinary solitary confinement. In closed units, women can be placed in the same cell with other prisoners. The so-called closed unit is primarily used to allocate remand women prisoners and women prisoners who are placed for safety or disciplinary reasons. There are also women who have high risk or who requested to be placed alone, and also placement based on the decisions of the administration for security and disciplinary reasons. 

The Penitentiary Code regulates the use of disciplinary sanctions for specific groups of detainees, including women, providing that some types of disciplinary sanctions, namely the transfer to a cell type accommodation for up to three months and the placement in a solitary cell for up to 14 days “shall not apply to pregnant women, a mother of minor children (who has a child under the age of three, or who enjoys the right to the relationship with her child on rest days and holidays in accordance with Article 39(7) of this Code) and to accused persons/convicted persons over 65 years of age”.4 

The restrictive detention environment poses several problems. Findings from the NPM revealed that women in closed units spend 23 hours a day in a cell and have access to fresh air for only one hour. They have access to shower only 2 times a week and time is limited to 20 minutes. One of the courtyards of the unit is equipped with sports machines. However, only one prisoner was authorized to use the equipment. Women have restricted access to rehabilitation activities and no access to rehabilitation spaces. There is very little contact with the outside world and confidential phone calls are practically unavailable due to the infrastructure. 

Body searches

Body searches are one of the most sensitive issues identified by the NPM of Georgia, which was followed by a number of recommendations with the aim of respecting the dignity and privacy of women prisoners and preventing intimidation and harmful consequences. 

The problem was particularly highlighted in the Annual report of 2014 and in the 2015 report of the visit conducted to the women’s establishment N5. The report indicated that during the initial placement and during every transportation to and from the establishment, women were strip searched and required to perform squats. Prisoners stated that the procedure was so humiliating and degrading that they refused to be transferred to hospitals or to a court hearing in order to avoid the procedure.

The annual and special reports of the NPM also emphasized the need for scanner devices as an alternative means of strip search. 

In 2016-2017 NPM of Georgia carried out another comprehensive visit in N5 Penitentiary Establishment and highlighted that the practice of strip search continued on a blanket basis, without prior assessment of individual risks. Even though the scanning device was installed on site, it was not used as an alternative measure of body search, and it applied alongside with strip search. 

Based on the amendments made to the by-law regulating the procedure of body search of the N5 penitentiary establishment,5 a prisoner has an opportunity to choose between body scanner and full body search. Based on the regulations, invasive body searches can be carried out in exceptional circumstances and by authorized health professionals. The search procedure must be carried out by women staff and out of sight of the men staff.  The latest monitoring visit to the establishment was conducted in 2023 and no problem regarding these issues was not identified.

Mental health

Mental health has always been one of the key issues for NPM monitoring visits. The women’s prison is no exception from other penitentiary institutions of the country where mental health screening is only carried out during the initial admission.6 In its report, the NPM emphasizes that initial screening is not sufficient to identify mental health needs, as deprivation of liberty entails a massive psychological trauma that may lead to the aggravation of mental health conditions. For that reason, it is crucial to take preventive measures and identify mental health conditions at an early stage. 

Mental healthcare needs and gender-specific perspectives are not identified by the institution. The collaborative qualitative and quantitative research carried out by the NPM and an NGO in 2016-2017 demonstrated that the need of psychiatric consultations is relatively higher in women prisoners and particularly in women remand prisoners. Thus, the research draws a conclusion that the adaptation period is more difficult for women who may have also been victims of domestic and sexual violence before imprisonment and separation with children may be more stressful. The research underlines that women under 35 years require more attention as they seem more vulnerable to mental health conditions . 

Another research was conducted in 2021 to assess the “Impact of Covid 19 on Health and Other Rights of Prisoners and Staff of Penitentiary System”. The need for psychiatric consultations remained higher in women. The results of the study showed that restrictions were overused during the pandemic period and no appropriate efforts were made to find possible alternative solutions. Restrictions to the contact with the outside world negatively impacted the psycho-emotional conditions of mothers. Meetings with children were conducted through glass windows. However, in some cases children managed to reach and touch their mothers which resulted in two weeks isolation of mothers to prevent the possible spread of the virus .

Contact with the outside world

Since the Covid restrictions have been lifted, women deprived of liberty are able to meet their family members without glass barriers and use their right of meeting guaranteed under legislation. However, restriction to the contact with the outside world is still applied as disciplinary measure. This is an issue in the penitentiary system as whole, not only in women’s prisons.

Women in Special Situations of Vulnerability

Mothers with children in prison

In Georgia, children can be placed with their mothers in prison for up to 3 years. 

The NPM monitoring visits demonstrated that the separation period is very stressful for both – mothers and children. They require specialized psychological support and adaptation periods that may require weekend release from prison.  The law was amended to that effect in June 2017 as a result of the NPM’s recommendation and this new right of weekend release was introduced in imprisonment code. In 2023, a new  Penitentiary Code was adopted which also incorporated this provision, under Article 39 (7) :

"A convicted woman, whose child under the age of three has left a special facility for women, may, by a decision of the General Director of the Service, for the purposes of relations with the child, during one year after the child has left the facility, leave the facility on rest days and public holidays provided for by the legislation of Georgia. The procedure for leaving a special facility for women by a convicted woman on rest days and public holidays shall be defined by an order of the Minister. During the review of the matter, the danger which may be posed by a convicted woman to the public shall be taken into account, as well as the fact of committing the crime, the nature of the committed crime, its motive, aim, and consequences, the risk of a repeated crime, the behaviour of a convicted woman while serving her sentence, the personal characteristics of the convicted woman, and other circumstances which may affect the decision of the General Director of the Service."

Other relevant NPM information

NPM Overview

Facts and Figures

Recommendations

Solitary confinement, isolation

• When a decision is taken to place women prisoners in solitary confinement in their cell (as a last resort), their gynaecological needs should also be taken into account in advance.

Access to mental healthcare

• The monitoring of women, especially those identified as vulnerable due to their mental health conditions, should be continuous throughout the whole duration of their detention.

Detention issues

Solitary confinement, isolation

a. Legal and regulatory framework

According to the relevant Prisons (General) Regulations8, which apply to both men and women without any distinction, women can also be placed in solitary confinement/isolation. According to the Regulations, women are placed in isolation/restriction to protect themselves or other prisoners.

b. The use of solitary confinement in practice

When it comes to pregnant women, nursing or breastfeeding women, women detained with young children and women with psychosocial disabilities who are placed in confinement or isolation, the staff of the Prisons Department are especially careful to take into account their special circumstances, monitoring their needs and attend to them directly (medical, pharmaceutical, psychological, psychiatric). In addition, there is also cooperation with the Mental Health Services and the Clinic of the Prison Department.

There is no special isolation/restriction cell in the women's wing of the Nicosia Central Prison nor is there a separate record kept for women placed in solitary confinement/restriction. 

Access to mental healthcare

a. Mental health screening upon admission

When women are admitted to the Prison Department, their mental state is assessed to determine their needs, including the determination of post-traumatic stress disorder and risk of suicide or self-harm, and this assessment continues on a regular basis throughout their incarceration. In addition to their examination by a general practitioner (pathologist), upon their admission, an examination is carried out by the Mental Health Services of the Prisons Department and they are evaluated by a psychiatrist and a psychologist. 

Depending on the case, if it is deemed necessary or whenever a prisoner requests it, women can visit all the specialties of doctors and officials and, if necessary, they are put on medication, carry out sessions and are closely monitored by the specialists for possible urgent intervention.

b. Mental healthcare and psychological support

Measures are taken for women prisoners to have access to special mental healthcare and psychological support. These measures include cooperation with the Mental Health Services, the Social Welfare Services and the Office of Psychosocial Inmate Support of the Department of Prisons. Detainees have the possibility, through their collaboration with these Services, to attend sessions, receive medication, as well as psychological/psychiatric support. Efforts are also made for women prisoners to maintain contact with their families, for positive impact on their mental health.

Mental Health Services offer specialized interventions to address and meet the needs of a vulnerable population with mental health conditions that often lead them to commit crimes. The Mental Health Center of the Prisons Department covers the needs of a vulnerable population with particular psychopathology such as personality disorders, psychotic and emotional disorders, self-destructive behavior, problems of alcoholism, use and dependence on illegal substances.

c. Staff training to respond to mental health needs

Training is provided to Prison Department staff so that they are able to identify and recognize when women prisoners are under pressure to refer them for specialist support. At the Correctional Officers Academy, staff members are trained in various aspects of prisoner management and special attention is paid to their psychological status and risk assessment so that they are able to identify when prisoners need psychological intervention and support to refer them to the appropriate authorities. 

Staff members attend seminars, conferences and programs in Cyprus, abroad and online that have to do, inter alia, with prisoners with mental health conditions, substance use, and suicide prevention. Staff of Department of Prisons also maintain close cooperation with the Mental Health Services, the Social Welfare Services and the Office of Psychosocial Support for Prisoners and anything that comes to their attention is immediately reported to the authorities.

d. Additional psychological support for women detainees

The Office of Psychosocial Support for Prisoners also pays special attention to the psychosocial condition of all prisoners and their smooth living in prison, as well as their reintegration into society. 

In addition, primary counseling is provided on an individual level by specialized members of the Staff. Groups of experiential workshops are also created, depending on the psychosocial needs of the prisoners, and lectures are organized on issues that concern the aforementioned population. The Office also networks with other Services of the Department, where it can inform, direct and take care of the correct channeling of prisoners to the competent and more specialized existing Services.

The Prison Department employs a Social Welfare Officer who acts as a liaison between prisoners and local Social Services Offices for socio-economic issues concerning themselves and their families. In addition, the Social Welfare Services Officer studies the cases of prisoners and prepares relevant reports for the information of the Courts, the Department of Prisons and other bodies that have a relationship with the prisoners. The Social Welfare Services Officer also participates in the Classification Committee and the Committee of the Guidance Center for Extra-Institutional Employment and Rehabilitation of Prisoners, where decisions are made for the reintegration of prisoners into society. 

Other Relevant NPM Information 
on Women in Prison