This notorious practice is also confirmed by the CPT in its report on the visit to Georgia, carried out in
2018.207 The CPT stressed that if it is deemed necessary to restrain a voluntary patient, the procedure for
the re-examination of his/her legal status should be initiated immediately.208
In the 2017 parliamentary report, the Public Defender made a proposal for the notice of the Parliament
of Georgia to amend Article 16 of the Law of Georgia on Psychiatric Care to the effect of determining
that, as a rule, means of restraint should not be applied vis-à-vis formally voluntary patients. However,
if it is deemed necessary to restrain a voluntary patient, the procedure for re-examination of his/her
legal status (voluntary/non-voluntary) should be initiated immediately. The Parliament of Georgia has
not implemented this proposal.
5.3. INTER-PRISONER VIOLENCE
AS a result of the monitoring conducted in 2017, it was established that there is no violence-free, safe
environment in the Surami Psychiatric Clinic,209 the Academician B. Naneishvili National Centre for
Mental Health210 and the Republican Psycho-Neurological Clinical Hospital, LTD.211 On frequent
occasions, there have been conflicts among patients, manifested in verbal abuse and sometimes even in
physical altercation.
The CPT in its report on the visit to Georgia carried out on 10-20 September 2018, discussed interpatient/resident violence212 and stressed once again that the duty of care which is owed by staff in a
psychiatric establishment to those in their charge includes the responsibility to protect them from other
patients/residents who might cause them harm. This requires not only adequate staff presence and
supervision at all times, but also that staff be properly trained in handling challenging
situations/behaviour by patients.213
Regarding this issue, the Public Defender recommended to the Ministry of Labour, Health and Social
Affairs of Georgia to establish a normative framework to prevent violence among patients and ensure
207
According to the CPT report, the delegation was informed by doctors at Kutiri Psychiatric Hospital that
formally voluntary patients were occasionally subjected to physical restraint.
208
Report to the Georgian Government on the visit to Georgia, carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 September
2018, (CPT/Inf (2019) 16), para. 136, available in English at: https://rm.coe.int/1680945eca, (accessed 10.06.19).
209
Address, the city of Surami, 12, Rusia Str.
Address: the city of Khoni; the village of Kutiri.
211 Address: Batumi, 36, Kakhaberi Str.
212 During visits to the Academician B. Naneishvili National Centre for Mental Health and the Republican PsychoNeurological Clinical Hospital, LTD, the members of the delegation themselves witnessed an episode of conflict
among patients.
213 Report to the Georgian Government on the visit to Georgia carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 21 September
2018, (CPT/Inf (2019) 16), para. 108, available in English at: https://rm.coe.int/1680945eca, (accessed 10.06.19).
210
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