would take place or not. The Report viewed this as a shortcoming of the procedure
of providing prisoners with medical services. The Public Defender therefore issued a
recommendation to cancel this rule and vest the Chief of the Medical Department
of the Ministry of Corrections with the right to decide on prisoners’ medical referral,
upon consultation with the Chairman of the Penitentiary Department. Unfortunately,
the Rules approved by Order 55 of the Minister of Corrections grants the decisionmaking power to prison directors if a prisoner is to be transferred to penitentiary
medical facilities, and to the Chairman of the Penitentiary Department if a prisoner
is being transferred to a civilian hospital. Both prison directors and the Chairman of
the Penitentiary Department may refuse to transfer prisoners to the aforementioned
medical facilities. Further, the Rules do not specify, in case of refusal, what additional
measures should be taken to provide the prisoner with timely and adequate healthcare
services. We believe these shortcomings must be made good, by inserting appropriate
changes in the Rules governing medical referrals.
One of the recommendations indicated in the Public Defender’s 2013 Report to the
Parliament was not to make a prisoner wait for his/her turn on the list if he/she had
been incompletely examined in an outpatient clinic or has been examined but requires
additional tests or examination shortly after the visit to the outpatient clinic. We
believe the Order of the Minister of Corrections no. 55 must regulate this issue so
that there is a legal ground for transferring those in need to medical facilities without
having to wait for their turn on the list.
2.5.4.3. EQUIVALENT AND QUALITY MEDICAL SERVICES
According to the European Prison Rules, medical services in prison shall be organised
in close relation with the general health administration of the nation. Health policy
in prisons shall be integrated into, and compatible with, the national health policy.
Prisoners shall have access to the health services available in the country without
discrimination on the grounds of their legal situation. Prisoners should have access to
all necessary medical, surgical and psychiatric services including those available in the
country.145
Unfortunately we did not see any steps towards substantial integration of the
penitentiary healthcare with the national civilian healthcare system in 2014. These
two healthcare sectors – penitentiary and civilian – are developing separately, each
on its own. Standards applicable to the civilian healthcare system have not been
fully implemented in the penitentiary healthcare system yet. Although in organizing
the prison healthcare system consideration should be given to the differences and
difficulties inherent in the penitentiary system, implementation of the basic civilian
healthcare standards in the penitentiary as soon as possible is of crucial importance
for raising the penitentiary health services to a level equivalent to civilian health
services. Furthermore, an effective mechanism for controlling the quality of medical
145 The European Prison Rules, Rules 40.1 – 40.5.
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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