external injuries did not get documented and described in the journal in detail. In
particular, when the doctor was examining the prisoners to look for any injuries, there
was a deputy director of the Institution in the doctor’s room directly instructing the
doctor not to indicate the injuries that were expressly present on the prisoner’s body
in the relevant documents.
On admission to a closed institution, a medical screening of the person must be
confidential. It is crucial that the person is questioned about ill-treatment only by a
doctor, without the prison staff attending.20
In the reporting period, the National Preventive Mechanism paid its inspection
visit to the Institution no. 3 of the Penitentiary Department. During the inspection,
the Special Preventive Group members observed a prisoner admission process. It
turned out that the way prisoner admission is administered at the Institution no. 3
is completely inconsistent with the principle of confidentiality of medical screening.
Women prisoners were being visually inspected by a prison staff instead of a doctor.
One and the same staff member was searching the person of the prisoner and telling
a doctor on duty about injuries found on prisoner’s body. Men prisoners, on the other
hand, were being searched by the doctor, in the presence of the prison staff. They were
also searching the person of prisoners at the same time; the process was attended by
even the escort officers who brought the person to the institution. It should be noted
that after the visual observation was over, the doctor filled out the medical papers and
talked to the prisoners but this process was also attended by the prison staff.
As already mentioned above, a special role in preventing ill-treatment is played by the
healthcare personnel responsible for documenting prisoner injuries. In this respect,
it is crucial that a relationship of trust is established between the prisoner and the
doctor to ensure that possible facts of ill-treatment are fully documented. Such an
environment of trust is unimaginable without the doctor and the prisoner being able
to communicate in privacy.
Members of the National Preventive Mechanism believe that the above-described
practices of prisoner admission to penitentiary institutions do not ensure detection
of ill-treatment for prevention purposes. Our belief is supported also by the
information furnished to us by the Ministry of Corrections that, of the accused persons
accommodated in the Institution no. 3 in 2014, 43 persons had injuries on their bodies
and only 4 of them indicated the origin of their injuries. Other persons abstained from
providing the doctor with any information about their injuries.
We note that in its 2013 Annual Report to the Georgian Parliament, the Public
Defender recommended to the Minister of Corrections that the Minister elaborate
and implement a new form of injury registration in conformity with the Istanbul
Protocol to enable taking down of more detailed information about prisoner injuries.
Unfortunately, the recommendation of the Public Defender remains unfulfilled to20 23rd General Report of the European Committee for the Prevention of Torture, 2013, par. 75
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents