reflected in the resolution of the Parliament of Georgia and the state institutions were given relevant
tasks.381
One proposal was issued to the Parliament of Georgia which has been implemented. One
recommendation issued to the Government of Georgia has been partially implemented. Out of 18
recommendations issued to the Ministry of Internally Displaced Persons from the Occupied Territories of
Georgia, Labor, Health and Social Affairs (hereinafter the “Ministry”), 2 have been partially implemented
and 16 recommendations are unfulfilled at this stage.
The Public Defender welcomes the fact that while amending the Law of Georgia on Psychiatric Care the
recommendations of the Public Defender and the European Committee for Prevention of Torture were
considered. In fact, it became mandatory to revise the legal status of the patient undergoing voluntary
treatment when the restraint method is applied.382 This represents an important guarantee for the patients
undergoing voluntary treatment not to be subject to unwarranted restrictions and to be protected from
staff arbitrariness.
The Public Defender also welcomes the amendment made in the Law of Georgia on Psychiatric Care
introducing a statutory mechanism for monitoring the protection of patients' rights and the quality of
services provided in the field of mental health.383 According to the amendmentს, monitoring implies onsite inspections, development of recommendations, publication of a report and communication with
stakeholders. However, it should be noted that this recommendation was partially implemented as the
monitoring mechanism does not provide for the possibility of receiving either confidential or open
complaints from patients or other stakeholders. Furthermore, the monitoring grounds were supposed to
be defined by the Ministry until 1 September 2020, which have not been determined so far.
Despite the recommendation of the Public Defender, one of the components of state supervision and
control, which included assessment of compliance with the permit conditions of the institutions by the
State Agency for Regulation of Medical and Pharmaceutical Activities, was not implemented in 2020.
It is regrettable that in 2020, the vast majority of systemic recommendations issued by the Public Defender
have not been implemented. Unfortunately, the multi-component recommendations of the Public
Defender which aimed at strengthening safeguards against ill-treatment in the psychiatric institutions,
have not been implemented. According to the information received from the Ministry, the process of
revising, updating and harmonizing mental health legislation with EU legislation is underway within the
technical assistance of the French Agency for International Development, however, the letter further states
that this process could not be completed in 2020 due to the new Coronavirus pandemic. Unfortunately,
normative acts have not yet been developed on measures to be taken to prevent violence and ensure
safety among patients. In addition, the psychiatric institutions have no legal mechanism for documenting
The resolution of the Parliament of Georgia on the “Report of the Public Defender of Georgia on the Situation of
Protection of Human Rights and Freedoms in 2019 in Georgia.
382 Article 16, para. 8.
383 The Law of Georgia on Amending the Law of Georgia on Psychiatric Care, Chapter VII1, available at:
https://matsne.gov.ge/ka/document/view/4900468?publication=0 [last visited: 03.01.21].
381
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