National Preventive Mechanism
given the safety standards (security protection, conveying) which creates particular problem in case of convict women
or/and juvenile convicts. Though we shall hereby mention that even the component of psychiatric reform of the
civilian healthcare does not provide with means to ensure its implementation (there is no in-patient juvenile psychiatric
assistance).
Questions of licensing of establishments
It shall be noted that in this direction the very issue is to be studied in a more detailed manner. The monitoring revealed
that this topic remains problematic in the medical sector of the penitentiary system. The issue needs analysis and
review of the legislative regulations. It is noteworthy that out of medical establishments of the penitentiary system
the defendants/convicts establishments, as well as medical and rehabilitation establishments for those suffering from
Tuberculosis have license for medical activities of various profiles. Medical units of other establishments do not have
a license confirming any kind of activity though majority of them have in-patient component or/and high-risk outpatient medical activity of high risk factor. To a certain extent, with the view of elimination of the above problem
by the end of 2012 the new administration concluded an agreement with the catastrophe centre brigades to ensure
transportation of prisoner patients or/and on-spot treatment in case of necessity but this measure is not enough and
the said issue needs systematic and complex regulation together with other healthcare issues. Herewith it shall be noted
that despite the fact that the medical establishment for defendants and convicts has the license for in-patient psychiatric
treatment the current psychiatric department does not comply with the licensing terms.32
Recommendations:
To implement the penitentiary healthcare system reform in accordance with requirements of the
healthcare legislation of the country.
Rule of documentation, record-keeping and registration of statistical information
It should be noted that according to a memorandum signed in 2011 between Georgian Ministries of Corrections,
Probation and Legal Aid and Labour, Health and Social Affairs, forms of medical documentation approved by the
Georgian Ministry of Labour, Health and Social Affairs should have been implemented into the healthcare of the
penitentiary system of Georgia but simultaneously N158 order of November 11, 2010 issued by the Georgian Minister
of Corrections, Probation and Legal Aid “ on approval of form of a medical card of defendant/convict” remained in
effect.
The aforementioned card still fails to comply with the approved forms of the Georgian Ministry of Labour, Health and
Social Affairs. Furthermore, it should be noted that according to official statement issued by Ministry of Corrections,
Probation and Legal Aid, civilian type in-patient medical cards have been in use in N18 and N19 establishments, and
that since 2012 the said in-patient cards became identical to cards of civilian establishments. We shall hereby note that in
some establishments we see civilian out-patient forms of cards, for example, in Batumi N3 penitentiary establishment.
Though in other establishments, even in 2012 we see medical cards of “defendants/ convicts”. In addition, in-patient
medical card are used just in N18 and N19 establishments while such cards are not in use in so-called in-patient units
of the establishment. As a result of analysis of the discussed medical cards and monitoring of patients reveal that
frequently the medical cards do not reflect reality, especially, objective status in the part of anamnesis and catamnezis
32
17 December 2010 Resolution #385 of the Government of Georgia on the “Approval of Regulations on the Rules and
Conditions for Issuing License for Medical Activity and the Permit of Inpatient Institutions”;
www.ombudsman.ge
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