National Preventive Mechanism It should be noted that on December 18th, 2012 joint order N 181/N01-72/N40 issued by the Minister of Corrections, Probation and legal Affairs of Georgia and the Minister of Labour, Health and Social Affairs on formation of joint permanent committee that would determine regulations for release from sentence of inmates suffering from severe and untreatable diseases. Which is, of course, a step forward but the second article “function of the committee” and the sixth article “decision (conclusion) of the commission, implementation rule and appeal” violates both standards of international medical ethics and national healthcare legislation since according to such standards subject that carries out medical practice is prohibited from taking part in decision on punishment. Respectively, with this in mind, we believe it is necessary for the order to separate functions and to leave the Ministry of Corrections, Probation and Legal Assistance as the only issuer of legal acts. Given the above it is necessary to introduce relevant amendments within the Imprisonment Code, in particular article 39. We shall note that by order N01-6/N dated February 15th, 2013 issued by the Minister of Labour, Health and Social Affairs of Georgia approved a list of those diseases that may become basis for release from sentence. The above order N01-6/N41 is undoubtedly progressive taking into account modern classification it should be noted that the list of diseases needs to be once again reviewed by medical experts. For example, the chapter Psychiatry does not include list of all those mental conditions during which presence of an individual, especially of a juvenile, in prison is impermissible. For example, various grades of mental retardation, and it should not include diagnosis of chronic delirious disorder and so on. The mentioned issues, we believe, should be solved in the light of joint discussion of issues of medical-psychiatric and social examination. Also notable is the order adopted by the Minister of Labour, Health and Social Affairs of Georgia on medicalsocial examination according to which status of a disable person is determined , based on the equivalence principle of healthcare services it is necessary to define a disable person status in prisons. Such precedent have already been registered in the case that the centre Empathy won in the European Court of Human Rights, that practically ended in favour of an applicant having reached friendly settlement with the state and within framework of which the state provided medical-social examination of a convict woman who had a convict status and who was awarded a disabled person status (case Nachkebia against Georgia).42 Deceased inmates According forensic examination reports and information provided by the penitentiary healthcare system, in 2012, 67 inmates died in the penitentiary system of Georgia which is quite a high indicator. Moreover, average age of those deceased was 44 . Majority of them died before well-known events known as “the prison scandal”. We shall note that in 2011 140 individuals died in penitentiary system while in 2010 this figure was 142. Table N6 Place of death Penitentiary establishments 10 N18 establishment 50 City hospitals 5 N19 establishment 2 N5 establishment 0 total 40 41 42 Inmate number 67 Joint order of the Ministry of Corrections, Probation and Legal Assistance and the Ministry of Health, Lbour and Social Affairs 181/№01-72/n of December 18, 2012 on setting up of Permanent Joint Commission diseases from responsibility of serving of their sentence and adoption of Regulations on rules of release of such convicts. Order №01-6/n of February 15 of 2013 on approval of the list of grave and incurable diseases, which serves as basis for release of a person from responsibility of serving sentence. Nachkepia against Georgia http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-114141 www.ombudsman.ge NPM Report