National Preventive Mechanism
Analysis of the above tables and study of the situation on the spot shows that instead of torture prevention standards
and documentation of facts in the penitentiary system there was encouragement to conceal of such facts and inhuman
treatment.
Accordingly, for the purpose of prevention of such situations, in the light of torture prevention and documentation
and based on obligations to effective and quick investigation it is recommended to review legislative regulations,
Imprisonment Code and Criminal Procedure Code and orders and resolutions on forensic examination. When
documenting the Istanbul Protocol principles43 and relevant annexes, including video and audio documentation
principles, should be used.
It is recommended to support development of independent forensic-medical and forensic –psychiatric examination.
Namely, an amendment was introduced into the order N385 of December 17, 2010 of the Georgian Government “on
approval of regulations and licencing for medical activities and in-patient institutions”, according to which in order to
acquire license for forensic medical examination a condition - practically impossible to meet by independent forensic
centre was introduced into the relevant normative act by the Ministry of Labour, Health and Social Affairs - to have
its own morgue and appropriate equipment. The amendment into the said order was introduced in the period of
preparation of the report.
It is necessary to define terms for the conduct of a forensic examination, methodology and complex approach to
documentation of torture in the Georgian Criminal Code
Also, victim rights shall be defined in Georgian Criminal Code. According to the current code a victim does not have a
right to access investigation materials, even a conclusion on his examination report which, on the other hand, represents
a violation of the law “on patient rights”.
PROFESSIONAL INDEPENDENCE AND COMPETENCE
Based on international torture prevention standards, which is also reflected in healthcare legislation of Georgia: the
Law of Georgia on healthcare protection, the Law of Georgia on medical activity, prohibits doctors from participating
in any activities which is not aimed to care for patient’s health. Accordingly, participation in any activities related
to punishment procedures, as well as attending the acts of torture, providing any assistance or/and tacit consent is
prohibited.
As a result of monitoring, it was identified that in some prisons when admitting an inmate into the solitary confinement
cell a doctor still issues a verbal consent or/ and signs medical examination certificate. Such facts were disclosed in N17,
N9, N6, N15, N16 establishments.
At the same time, by international standards, prison doctors belong to “doctors in risk zone”, that need special
protection so that they do not become objects of pressure and persecution-harassment. Accordingly, it is necessary to
place higher burden of responsibility of medical personal through legislative regulations based on torture prevention
standards. On the other hand, it is necessary to create protection mechanisms for the purpose of creating guarantees
for doctors working in “risk zones”. Such category includes not only prison doctors, but also experts, doctors working
on rehabilitation and other risk groups.
Simultaneously, according to the Declaration of Helsinki of the World Medical Association (VMA) (2003-2007) it
is necessary to widely implement the Istanbul Protocol principles of torture documentation identification of facts
of torture to become mandatory, if such facts are known to doctor. A doctor to be given the right to derogate the
confidentiality principle at his/her own discretion, of course, taking into consideration assessment of risks facing the
patient.
43
The Istanbul Protocol - The Manual on Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (United Nations; New York and Geneva, 2001 - 2004).
www.ombudsman.ge
NPM Report
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