legislation provides for the need to establish a patient’s informed consent for hospitalisation and
treatment, which must be confirmed in a medical documentation.410 According to the CPT, consent to
treatment can only be qualified as free and informed if it is based on full, accurate and comprehensible
information about the patient's condition and the treatment proposed.411
The free expression of the patient's will is still problematic in Georgia, both in terms of hospitalization and
treatment. Signed informed consent forms were available in all examined medical documentation as it
avoids the administrations of the procedure of involuntarily412 placing a person in a hospital.413 Actually
most patients sign the informed consent form upon entering a psychiatric establishment unknowingly or
forcibly. Most of the patients are brought in by the ambulance, accompanied by police officers and a
family member, against the will of the patient. Patients say they do not know what they signed, some of
them cannot even remember the fact of signing. While visiting the Senaki Mental Health Center, the
members of the Special Prevention Group had a reasonable suspicion that the signature on one of the
informed consent forms belonged to the doctor and not to the patient.414 The example of the Tbilisi
Mental Health Center also questioned the existence of informed consent, for instance, when the
restriction method was used against 19 patients within 15-30 minutes after signing the informed consent.
Challenges related to the expression of the patient's will during hospitalization are followed by a chain
reaction of the treatment process. Patients are not informed about the methods of their treatment or
alteration of the course of the treatment, in order to express informed consent to each modification of
treatment strategy and to be fully involved in the process. This is primarily conditioned by the fact that
the obligation to obtain informed consents for hospitalization and treatment separately is not determined
at the normative level. According to the CPT Standards, even in case of involuntary psychiatric treatment,
the admission of a person to a psychiatric establishment on an involuntary basis should not be construed
as authorising treatment.415 It is important to provide patients with information about their rights, the
essence, methods and duration of treatment, both at the initial stage of hospitalization and later.416 The
patient’s informed consent on treatment is crucial, as it concerns the use of powerful psychotropic
Law of Georgia on Psyhciatric Care, Article 17.2.
CPT Standards, para 41. Available at: <https://rm.coe.int/16806cd43e >, [last visited: 30.12.2020].
412 During the monitoring conducted in the psychiatric institutions in 2020, involuntary psychiatric care was provided only
to a small number of patients.
413 Article 18 of the Law of Georgia on Psychiatric Care regulates involuntary placement of a person in a hospital, according
to which, if the doctor on duty decides on the necessity of involuntary placement of a person in a hospital, a commission
of psychiatrists must be established within 48 hours which by a majority of votes adopts a reasoned decision and applies
to the court. Within 24 hours of application, the court shall review and decide on the issue of involuntary inpatient
psychiatric care, which should not exceed 6 months. In addition, the Commission of Psychiatrists shall consider the
expediency of continuing involuntary hospitalization every month. Each adopted decision shall be duly substantiated.
414 The signature on the consent form (outline of the letters) was practically identical to the doctor's handwriting.
415 Extract from the 8th General Report of the CPT on Involuntary placement in psychiatric establishments, para. 41. Available
at: < https://rm.coe.int/16806cd43e > [last visited: 30.12.2020].
416 “Every competent patient, whether voluntary or involuntary, should be given the opportunity to refuse treatment or any
other medical intervention. Any derogation from this fundamental principle should be based upon law and only relate to
clearly and strictly defined exceptional circumstances.” Extract from the 8th General Report of the CPT on Involuntary
placement in psychiatric establishments, para. 41, available at: < https://rm.coe.int/16806cd43e > [last visited: 30.12.2020].
410
411
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