ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 2013 QQ To transfer all of the prisoners infected with tuberculosis to the Center for the Treatment of Tuberculosis and Rehabilitation for the purpose of duly managing TB cases; QQ To examine every case where prisoners refuse to continue taking anti-tuberculosis drugs on account of negative side effects or because they be treated for accompanying diseases; if prisoners’ claims are justified, they must be provided with treatment of accompanying diseases in a timely manner. According to the information received from the Ministry of Corrections, 4,701 prisoners were tested on hepatitis in 2013. Of these, 8 prisoners enrolled in an anti-virus treatment. In the reporting period, the Minister of Labor, Health and Social Protection issued its Order No.01-5/n dated 31 January 2014 approving the “Rules of approving and implementing the programme for preventing, diagnosing and treating virus hepatitis C in remand facilities and institutions for sentenced prisoners”. Pursuant to Article2(2) of the Rules, the programme goals are to prevent virus hepatitis C from spreading, to make voluntary testing accessible for all and to provide anti-HCV positive patients with the appropriate clinical and lab examination opportunity. The programme is also aimed at treating patients with HCV infection to be selected by established criteria. Under Article 7(2) of the Rules, a convicted person is eligible for anti-virus treatment if he has been diagnosed with hepatitis C and has liver fibrosis scoring at 2 or higher by the METAVIR scale; in addition, the convicted person must have been sentenced to imprisonment and whose actual sentence is more than 18 months. Any additional punishments for crimes committed while in prison after the anti-virus programme was launched will not be counted towards the above-mentioned 18 months. We think this sentence duration requirement contradicts Article 14 of the Code of Imprisonment, which entitles both remand prisoners and sentenced prisoners to be provided with medical services. We believe the Rules should be amended to allow prisoners sentenced to less than 18-month imprisonment and remand prisoners to enroll in the anti-virus treatment if they meet the other remaining criteria as described above. Alternatively, a separate set of eligibility criteria may be established for the latter category of sentenced and remand prisoners but, in any event, completely deprivation of anti-virus treatment opportunities within the programme is not justifiable since these prisoners are facing a realistic threat of their health being injured irreversibly. Finally, the impugned Rules establish a discriminatory approach in contravention of the positive obligation of the State derived from the European Convention on Human Rights to secure health and wellbeing of prisoners.88 Recommendation to the Minister of Labor, Health and Social Protection: QQ To amend the Order of the Minister of Labor, Health and Social Protection No.01-5/n dated 31 January 2014 approving the “Rules of approving and implementing the programme for preventing, diagnosing and treating virus hepatitis C in pretrial detention facilities and institutions for sentenced prisoners” with a view of ensuring anti-virus treatment to any accused/convicted person where there is a medical indication that treatment is necessary. Prisoners who are unfit for long-term imprisonment For many years, the prison population in Georgia included prisoners who were unfit for long-term imprisonment due to either medical condition or age. The Joint Steering Commission composed of representatives from the two Ministries (the Ministry of Corrections and the Ministry of Labor, Health and Social Protection) was not operational in reality. The procedure of postponing judgment enforcement was virtually unenforceable in real life. We wish to commend the concrete steps made towards eradicating this problem. On 18 December 2012, the Minister of Corrections and Legal Assistance and the Minister of Labor, Health and Social Protection issued a Joint Order No. 181/01-72/N approving the Statute of a re-created Joint Steering Commission. Civil society organizations were actively involved in drafting the Statute. Furthermore, the Minister of Labor, Health and Social 88 Kudła v. Poland, par. 94. NPM Report 44