The Case of M.D.184
The Office of the Public Defender of Georgia studied the case of the deceased convict,
M.D. It is noteworthy that on 26 July 2014, the convict underwent a heart surgery in
the Kutaisi Intervention Medical Centre. However, due to the purulent wound, another
surgery was conducted in the Medical Facility N18 and one more surgery was carried
out in the O. Gudushauri National Medical Centre on 9 November 2014. The information
obtained by the Public Defender’s Office reveals that the convict was repeatedly transferred to the O. Gudushauri National Medical Centre.
It is worthwhile noting that on 30 December 2014, the convict M.D. was subjected to
the medical examinations in the Acad. Z. Tskhakaia West Georgain National Centre of
Interventional Medicine. The following is noted in the record of the doctor on duty of
the penitentiary establishment N14, dated 30 December 2014: “The Convict was diagnosed with the chest wall abscess, sepsis, transfer to the penitentiary department N18
is recommended.”
On 16 January 2015, the Office of the Public Defender of Georgia, in order to receive
a detailed information on M.D.’s state of health, addressed the medical department of
the Ministry of Corrections with the letter N04-19/294. With letter N31500191416 of
the medical department, the Public Defender’s Office was informed that the patient has
not been diagnosed with sepsis on any stage of the disease. It is noteworthy that on 6
April 2015, the convict was diagnosed with sepsis in the O. Gudushauri National Medical
Centre. In addition, the diagnosis of severe sepsis is recorded in the conclusion of the
board of doctors, dated 8 April 2015.
The convict M.D. due to the grave health condition, was released from sentence by the
decision of the joint permament commission of the Ministry of Corrections and the Ministry of Labour, Health and Social Affairs of Georgia on 15 April 2015 at 21:00, and on 16
April 2015 at 07:00 died in the O. Gudushauri National Medical Centre.
Special importance has the protection of the right to life of individuals placed in the
closed facilities. The State is responsible for the protection of the right to life of the individuals (accused/convict) placed in custody/penitentiary establishment (including the
medical institution of the penitentiary facility) and in case of violating the above right,
for the effective investigation.
In addition, for the protection of the right to health of the individuals placed in the penitentiary system, the measures taken by the State and the quality of the concrete medical assistance (effectiveness, adequacy) and the results in relation to each individual
accused/convict is significant. The right to health of the prisoner should be adequately
184 The present case is not included in the death rate of the patients in the penitentiary facilities, since
the patient deceased a few hours after the release, in the O. Gudushauri National Medical Centre.
118
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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