particularly evident in relation to vulnerable individuals. Thus, for example, the monitoring revealed that
persons placed with young children, including families with children with autism spectrum disorders, were
unable to obtain a legal result in a timely manner and move to self-isolation instead of quarantine space.
5.2.2. Guarantees of protection from ill-treatment
It is important that the persons whose liberty has been restricted is explained in a language which they
understand, the grounds for the restriction and their rights; be given the opportunity to contact the
person named by them and have immediate access to a lawyer/legal aid. A monitoring conducted by the
Special Preventive Group in March-May 2020 revealed that persons placed in the quarantine area did not
have information about their rights. On May 22, 2020, a temporary amendment was made to the Law of
Georgia on Public Health, and in accordance with the Public Defender's recommendation, Article 45 3 of
the transitional provisions stipulated that in case of isolation and/or quarantine, the above guarantees
must be clearly explained to the person. Notwithstanding this amendment, the Ordinance N322 did not
reflect the obligation to explain rights in this way. Also, among the guaranteed rights there is no
mentioning of protection from ill-treatment right such as the right of a person to seek independent
medical advice.498
In view of all the above-mentioned, the Public Defender believes that these safeguards, including
independent medical consultation, should be constantly strengthened in the Law of Georgia on Public
Health instead of putting them in the transitional provisions. Even during possible epidemics. Integration
of those guarantees into the law is important not only in terms of coronavirus pandemic, but also in case
of other possible epidemics.
5.3. Placing a person in a quarantine space in decent conditions
The country is obliged to provide the persons placed in quarantine spaces with decent living conditions,
including the quarantine area of the relevant space, safe and adequate food and water, hygiene items,
sanitary conditions and opportunities of contact with the outside world.499 Adequate and decent
conditions should be provided not only in quarantine areas, but also during transportation and in case of
border crossing - in waiting areas. The results of the monitoring carried out by the Special Preventive
Group show that the quarantine process was mostly well organized.500
Hotels in Georgia, which have a good reputation in the field of hospitality, were determined as quarantine
spaces. Therefore, according to the results of remote monitoring conducted by a special preventive group
"Advice to the Member States and National Preventive Mechanisms on the Coronavirus Pandemic" of the UN
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment emphasizes
the right to independent medical consultation, para: 16, <http:16//bit.ly/2ZZxZiW> [Last visited: 21.02.2021].
499 "Advice of March 25, 2020 to Member States and National Preventive Mechanisms on the Coronavirus Pandemic", para:
10(4), available at: https://bit.ly/2Mg8OjY [Last visited: 16.02.2021]. See also. The WHO Recommendation of 19 March 2020
on quarantine measures for individuals in the context of the coronavirus pandemic. Available: https://bit.ly/3aOU9cy [Last
visited: 21.02.2021].
500 See National Preventive Mechanism "monitoring report on places of restriction of liberty caused by quarantine measures
directed against new Coronavirus (COVID-19)". Pp.23-24. Available: https://bit.ly/3sr91nj [Last visited: 25.02.2021].
498
145
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents