ANNUAL REPORT OF THE PUBLIC DEFENDER OF GEORGIA 2013
were registered as users of psychotropic substances. By the end of the year, this index decreased to 777 prisoners.
It should be noted that no information exists about the number of prisoners with mental health problems. The
Ministry of Corrections cited lack of wholesale examination as a reason. Against this background, it is practically
impossible to properly assess the existing needs and to develop a policy for combating this major problem of the
penitentiary system.
Recommendation:
To the Minister of Corrections
QQ To conduct a comprehensive mental health screening in penitentiary institutions with a
view of collecting/analyzing the related statistical data and developing programmes to
address the needs revealed.
According to official data, 311 prisoners were involved in the methadone programme in 2013. In general, opioid
addiction replacement therapy is governed by the Order of the Minister of Labor, Health and Social Protection
No. 37/N dated 20 January 2009, which, on its turn, is issued based on Article 38(4) of the Law on Narcotic Drugs,
Psychotropic Substances, Precursors and Narcologic Assistance. As regards the opioid addition replacement therapy within the penitentiary system, this issue is regulated by the Joint Order of the Minister of Labor, Health and
Social Protection and the Minister of Justice No. 266/N-298 dated 12-15 December 2008 on “Rules of implementing replacement therapy programmes to deal with opioid addiction in penitentiary institutions”.
It should be noted that, pursuant to Article 5(b.e) of the “Methodology of implementing replacement therapy programmes in opioid addiction cases” approved by the Order of the Minister of Labor, Health and Social Protection
No. 37/N dated 20 January 2009, a person may be enrolled in a replacement therapy programme in exceptional
circumstances such as existence of special medical and social indications. No such exception is envisaged by the
“Rules of implementing replacement therapy programmes to deal with opioid addiction in the penitentiary institutions” (approved by the Joint Order of the Minister of Labor, Health and Social Protection and the Minister
of Justice No. 266/N-298 dated 12-15 December 2008). We believe the Joint Order is therefore defective, since
it makes enrollment of prisoners in a replacement therapy programme impossible even if there are exceptional
circumstances such as special medical and social indications.
The only service available within the penitentiary system in this context is detoxication using a replacement drug
but this service is incapable of fully handling the needs of drug-addicted prisoners. Accordingly, it is necessary to
introduce a preservation-aimed replacement therapy.
Recommendations:
To the Minister of Labor, Health and Social Protection and the Minister of Justice
QQ To revise the Joint Order of the Minister of Labor, Health and Social Protection and the
Minister of Justice No. 266/N-298 dated 12-15 December 2008 on the “Rules of implementing replacement therapy programmes to deal with opioid addiction in the penitentiary
institutions”, including by adding rules of enrolling patients in the replacement therapy
programme where there special clinical and social indications exist.
To the Minister of Corrections and the Minister of Labor, Health and Social Protection
QQ To take appropriate measures within their competence to introduce a preservation-aimed
replacement therapy in the penitentiary system.
NPM Report
42
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