in the Bediani Psychiatric Clinic. The Public Defender and the Special Preventive Group believe that
this leads to a conflict of interest and the risk of undue influence.240
The CPT discusses similar problems in its report on the visit to Georgia, carried out in 2018. At Kutiri241
and Khelvachauri242 Psychiatric Hospitals, the delegation noted that most of the legally incompetent
patients (there were many of them) had the director of the establishment or another staff member
appointed as their legal guardian (a support person is implied). The CPT reiterated its view that granting
guardianship to the staff of the very same establishment in which the concerned patient is placed may
easily lead to a conflict of interest. The committee called upon the Georgian authorities to find
alternative solutions that would better guarantee the independence and impartiality of guardians.243
Stemming from the above, the Public Defender and the Special Preventive group believe that it is most
important that the Agency of Social Services of the Ministry of Internally Displaced Persons from the
Occupied Territories, Labour, Health and Social Affairs of Georgia should examine how adequately
former and present staff members of the Bediani Psychiatric Clinic, the LTD Academician B.
Naneishvili National Centre for Mental Health and LTD Batumi Medical Centre act as support persons
for the beneficiaries in the respective establishments.244 In those cases, where it is established that a
person acting as a support person has not been discharging his/her functions adequately, a motion
should be filed with the court to relieve such persons of their duties.245 It should be ensured that the
functions of a support person are vested with a person specifically authorised by the social services of
custody and guardianship.
Proposals
To the Parliament of Georgia:
To amend the Law of Georgia on Psychiatric Care to the effect of determining in express terms the
procedure of examination of complaints and external supervision/monitoring grounds for
supervision over psychiatric assistance and the monitoring system of patients’ rights;
240
Under Article 12.4 of the Convention on the Rights of Persons with Disabilities and Optional Protocol, States
Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and
effective safeguards, in accordance with international human rights law, to prevent abuse. Such safeguards shall
ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person,
are free of conflict of interest and undue influence, proportional and tailored to the person’s circumstances, apply
for the shortest time possible and are subject to regular review by a competent, independent and impartial
authority or judicial body.
241 The Academician B. Naneishvili National Centre for Mental Health is implied.
242 LTD Batumi Medical Centre is implied.
243 Available at: https://rm.coe.int/1680945eca, para. 144, (accessed 26.05.2019).
244 The Civil Code of Georgia, Article 1300.3.
245 See Article 13055.
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