This notorious practice is also confirmed by the CPT in its report on the visit to Georgia, carried out in 2018.207 The CPT stressed that if it is deemed necessary to restrain a voluntary patient, the procedure for the re-examination of his/her legal status should be initiated immediately.208 In the 2017 parliamentary report, the Public Defender made a proposal for the notice of the Parliament of Georgia to amend Article 16 of the Law of Georgia on Psychiatric Care to the effect of determining that, as a rule, means of restraint should not be applied vis-à-vis formally voluntary patients. However, if it is deemed necessary to restrain a voluntary patient, the procedure for re-examination of his/her legal status (voluntary/non-voluntary) should be initiated immediately. The Parliament of Georgia has not implemented this proposal. 5.3. INTER-PRISONER VIOLENCE AS a result of the monitoring conducted in 2017, it was established that there is no violence-free, safe environment in the Surami Psychiatric Clinic,209 the Academician B. Naneishvili National Centre for Mental Health210 and the Republican Psycho-Neurological Clinical Hospital, LTD.211 On frequent occasions, there have been conflicts among patients, manifested in verbal abuse and sometimes even in physical altercation. The CPT in its report on the visit to Georgia carried out on 10-20 September 2018, discussed interpatient/resident violence212 and stressed once again that the duty of care which is owed by staff in a psychiatric establishment to those in their charge includes the responsibility to protect them from other patients/residents who might cause them harm. This requires not only adequate staff presence and supervision at all times, but also that staff be properly trained in handling challenging situations/behaviour by patients.213 Regarding this issue, the Public Defender recommended to the Ministry of Labour, Health and Social Affairs of Georgia to establish a normative framework to prevent violence among patients and ensure 207 According to the CPT report, the delegation was informed by doctors at Kutiri Psychiatric Hospital that formally voluntary patients were occasionally subjected to physical restraint. 208 Report to the Georgian Government on the visit to Georgia, carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 September 2018, (CPT/Inf (2019) 16), para. 136, available in English at: https://rm.coe.int/1680945eca, (accessed 10.06.19). 209 Address, the city of Surami, 12, Rusia Str. Address: the city of Khoni; the village of Kutiri. 211 Address: Batumi, 36, Kakhaberi Str. 212 During visits to the Academician B. Naneishvili National Centre for Mental Health and the Republican PsychoNeurological Clinical Hospital, LTD, the members of the delegation themselves witnessed an episode of conflict among patients. 213 Report to the Georgian Government on the visit to Georgia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 September 2018, (CPT/Inf (2019) 16), para. 108, available in English at: https://rm.coe.int/1680945eca, (accessed 10.06.19). 210 78

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