work schedule of social workers, the latter will not be able to give their personal phones to all the
patients whenever they desire the above.
It should be noted that the National Mental Health Centre and Batumi Medical Centre are now under
repairs. The Public Defender hopes that after timely completion of repairs, patients at the National
Mental Health Centre will be able to receive psychiatric care in decent conditions. As for Batumi
Medical Centre, the visit paid by the Public Defender of Georgia on February 19, 2020 showed that the
living conditions were improved as a result of refurbishment, which should be praised, but it should
also be noted that the lack of artificial ventilation, adaptation of the environment for persons with
disabilities and the lack of privacy in the men's unit remain problematic.
4.7. State oversight and control
The monitoring results show that the state oversight of the provision of adequate psychiatric care in
psychiatric institutions, as well as the monitoring of the protection of patients' rights, is problematic.
According to regulations, LEPL Regulation Agency for Medical and Pharmaceutical Activities shall
monitor the quality of medical care provided to patients by legal and natural entities and review
applications and complaints.353 According to Articles 17 and 18 of the Government’s Resolution No.
674 on Approval of State Health Care Programmes 2020 (December 31, 2019), LEPL Regulation Agency
for Medical and Pharmaceutical Activities shall carry out control and inspection of psychiatric
institutions through scheduled and ad hoc visits. The mental health programme is being implemented
by the Social Service Agency,354 a legal entity of public law subordinated to the Ministry of Labour,
Health and Social Affairs of Georgia, which also carries out inspection through the Department of
Control.355 It should be noted that the Law of Georgia on Psychiatric Care does not contain provisions
that would properly regulate the complaints review procedure and the issues relating to monitoring.
As for the control and supervision carried out by the above-mentioned agencies, information provided
to the Public Defender makes it clear that no inspection had been conducted in psychiatric institutions
by the Social Service Agency from January 1, 2019 to December 16, 2019.356 LEPL Regulation Agency
353
Article 2 (3 (b) and (c)) of the Statute of the Regulation Agency for Medical and Pharmaceutical Activities – a
legal entity of public law (legal substitute of the State Regulation Agency for Medical Activities since November
1, 2019) approved by Order No. 01-64/N of the Minister of Labour, Health and Social Affairs of December 28,
2011.
354 Article 7 of Annex 11 to the State Health Care Programme 2020 approved by Resolution No. 674 of the
Government of Georgia of December 31, 2019 (Mental Health, programme code: 27 03 03 01)
355 Order No. 01-14/n of the Minister of Internally Displaced Persons from the Occupied Territories, Labour,
Health and Social Affairs of Georgia on Approval of Statute of the Social Service Agency - a legal entity of public
law, October 3, 2018, Article 9.
356 Letter No. 04/64154 of LEPL Social Service Agency, December 16, 2019.
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