carrying out external oversight of the monitoring of the protection of patients' rights and the provision
of psychiatric care.
Four proposals to the Parliament of Georgia concerned the legislative regulation of physical and
chemical restraints. In particular, the first proposal concerned the definition of alternative (deescalation) methods of physical and chemical restraint at the legislative level. The second proposal
concerned the definition of chemical restraint at the legislative level and the determination of legal
grounds and procedures for its application in exceptional cases, as well as the obligation of psychiatric
institutions to approve detailed instructions for the application of chemical restraint. The third proposal
concerned the determination of the duration of physical restraint at the legislative level, the obligation
to record the use of physical restraint in a special register and the determination of the requirements
to be met by a specialized isolation ward at the legislative level. In addition, the proposal addressed
issues, such as the use of video surveillance system in the process of application of physical restraint,
interviewing patients after the end of application of physical restraint and informing them of their right
to appeal. The European Committee for the Prevention of Torture also refers to the importance of
making changes in the regulations on physical restraint in its 2019 report on Georgia.264
The fourth proposal demanded to stipulate at the legislative level that physical restraint, as a rule, shall
not be used towards formally voluntary patients, and that in the event of an urgent need for physical
restraint, a procedure for reviewing the status of the patient (voluntary/involuntary) shall be initiated
immediately. A recommendation similar to this has been issued by the European Committee for the
Prevention of Torture as well.265
Recommendations to the Government of Georgia
The first recommendation to the Government of Georgia demanded to make the daily expenses of an
asylum beneficiary equal to at least the daily cost of a bed in a long-term inpatient service.266 The Public
Defender/Special Preventive Group welcomes the implementation of this recommendation. In
particular, according to the State Health Programme 2020, the daily expenses of a beneficiary was set
at GEL 23.267
The second recommendation to the Government of Georgia concerned the approval of a special rule
for the unimpeded purchase of quality medicines, according to which, the psychiatric institutions,
264
Report of the European Committee for the Prevention of Torture on the visit to Georgia (CPT/Inf (2019) 16),
para. 134, September 10-21, 2018, available in English at: <https://rm.coe.int/1680945eca> [last accessed:
15.01.20].
265 Report of the European Committee for the Prevention of Torture on the visit to Georgia (CPT/Inf (2019) 16),
para. 139, September 10-21, 2018, available in English at: <https://rm.coe.int/1680945eca > [last accessed:
15.01.20].
266 In 2019, the daily cost of the shelter was GEL 17.
267 Resolution No. 674 of the Government of Georgia of December 31, 2020 on the approval of state health care
programmes.
96
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