ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 2013 stances of the accident or violence which produced any such injuries”. The purpose of entering the mentioned information is to ensure that all the relevant data is recorded and that the certifier does not select some conditions for entry and reject others. The Assembly-provided explanation does not suggest inclusion of symptoms and signs accompanying the process of dying, such as heart failure or respiratory failure. To adhere to the above-mentioned purpose, the WHO developed an international form of medical certificate of cause of death91 on which basis the Georgian Minister of Labor, Health and Social Protection and the Georgian Justice Minister issued a Joint Order No. 01-5/N-19 dated 31 January 2012 approving a form of medical certificate on death and the rules of filling in and forwarding the certificate. Accordingly, it is necessary to produce and maintain statistical data on causes of death according to the requirements of the template for medical certificate of death. Unfortunately, there were 6 suicide cases within the Georgian penitentiary system in 2013 (amounting to 24% of all deaths in the penitentiary during that year), which is higher than the previous year index.92 In one case, in Penitentiary Institution No. 14, a sentenced prisoner died as a result of violence he was subjected to by other prisoners. Notably, another prisoner died in the same institution on 4 March 2014 as a result of injuries inflicted by other individuals. These facts do raise concerns and we believe the Ministry of Corrections must, having assessed applicable risks, take all the reasonable measures with a view of preventing infringement of prisoners’ lives and suicide occurrences in future.93 TORTURE AND INHUMAN TREATMENT; TORTURE PREVENTION STANDARDS QQ In the reporting period, ill-treatment was no longer a systemic issue but individual cases were recorded. Documenting injuries by the healthcare personnel remains a problem. Injuries found on prisoners’ bodies are not registered in the injuries’ journals and medical documents according to the rules prescribed in the Istanbul Protocol. The healthcare personnel have a special role in combating ill-treatment. Documenting traces of ill-treatment by the medical staff is of crucial importance to making an effective investigation possible. Doctors have to respect the patients’ best interests of the patient and maintain confidentiality. However, at the same time, doctors have strong moral grounds to openly denounce evident maltreatment. Where prisoners agree to disclose that they have been ill-treated, doctors are obliged to forward the information to investigative authorities. But if a prisoner refuses to allow disclosure, doctors must weigh the risk and potential danger to that individual patient against the benefits to the general prison population and the interests of society in preventing the perpetuation of abuse.94 Physicians examining an individual should be prepared to assess possible injury and abuse even in the absence of specific allegations by the patient. They should also be able to document physical and psychological evidence of injury or abuse and to correlate the degree of consistency between examination findings and specific allegations of abuse by the patient.95 To describe the degree of consistency, physicians may use terms such as “not consistent”, “consistent”, “highly consistent” and “typical appearance”.96 Physicians should use a standardized medical report form for documenting purposes.97 Examination must be carried out in private, with no third parties present in the examination room.98 Healthcare personnel of penitentiary institutions are enter information about bodily injuries into journals for registration of injuries indicating the origin of the injuries in brief. Information about the origin of injuries is entered under one of the following sections: “self-injury”, “everyday life injury” or “injured by other person”. Doctors are 91 The Order of the Minister of Labor, Health and Social Protection No. 01-10/N dated 11 March 2011 approving “Rules of using medical classificators in medical recordkeeping” added to the Order of the Minister of Labor, Health and Social Protection No. 92/N dated 12 April 2012 the following Annex 4: “Annex 4: International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Instruction Manual.” 92 4 cases were recorded in 2012. 93 See, among others, Osman v. the United Kindgom, Judgment of 28 October 1998, par. 115-16; Ketreb v. France, Judgment of 19 July 2012. 94 Istanbul Protocol, par. 72. 95 Ibid., par. 122. 96 Ibid., par. 187. 97 Ibid., par. 125. 98 Ibid., par. 124. NPM Report 48