resolution.278 The recommendation has not been implemented. The reply received from the Ministry
indicates that an independent expert is examining the state oversight and patients’ rights monitoring
system and drawing up relevant recommendations, which we welcome.
One of the recommendations made to the Ministry concerned regular, systemic and proactive
monitoring of psychiatric institutions by the Social Service Agency and LEPL State Regulation Agency
for Medical Activities and the assessment of the compliance between the conditions in psychiatric
institutions and the standards set by the regulations on the issuance of medical license and permit for
inpatient facilities. This recommendation has been endorsed by the Parliament of Georgia and has been
reflected in its resolution. The recommendation has not been implemented. According to the Public
Defender, the existing external (outside hospital) control mechanisms fail to ensure the required degree
of state control.279
Two recommendations issued to the Ministry concerned the introduction of complaints review
procedures in psychiatric institutions. In particular, the first recommendation concerned the
determination of a unified internal complaints review and feedback procedure for all institutions at the
normative act. The recommendation has not been implemented. The recommendation has been
endorsed by the Parliament of Georgia and has been reflected in its resolution. The second
recommendation concerned the introduction of a simple and accessible procedure for complaining
about issues relating to outpatient psychiatric care and human rights violations. The recommendation
has been endorsed by the Parliament of Georgia and has been reflected in its resolution. The reply
received from the Ministry reads that the mental health legislation is now being reviewed, updated and
harmonized with the EU legislation and it is planned to carry out relevant changes. Consequently, this
recommendation has not been implemented so far.
One recommendation to the Ministry was aimed at preventing inter-patient violence and ensuring their
safety. In particular, the Public Defender/Special Preventive Group demanded the introduction of a
proper system for assessing and reducing the risks coming from patients and to document responses to
the incidents of violence. This recommendation has been endorsed by the Parliament of Georgia and
has been reflected in its resolution. The recommendation has not been implemented so far. The
European Committee for the Prevention of Torture also refers to the need for taking measures to
prevent inter-patient violence and to ensure safety in its 2019 report on Georgia.280 The reply received
from the Ministry reads that they plan to make relevant changes in this direction.
278
Resolution of the Parliament of Georgia on the Report of the Public Defender of Georgia on the Situation of
Human Rights and Freedoms in Georgia in 2018.
279 See detailed information in the chapter on state oversight and control.
280 Report of the European Committee for the Prevention of Torture on the visit to Georgia (CPT/Inf (2019) 16),
para. 107, September 10-21, 2018, available in English at: <https://rm.coe.int/1680945eca> [last accessed:
15.01.20].
99
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