resolution.278 The recommendation has not been implemented. The reply received from the Ministry indicates that an independent expert is examining the state oversight and patients’ rights monitoring system and drawing up relevant recommendations, which we welcome. One of the recommendations made to the Ministry concerned regular, systemic and proactive monitoring of psychiatric institutions by the Social Service Agency and LEPL State Regulation Agency for Medical Activities and the assessment of the compliance between the conditions in psychiatric institutions and the standards set by the regulations on the issuance of medical license and permit for inpatient facilities. This recommendation has been endorsed by the Parliament of Georgia and has been reflected in its resolution. The recommendation has not been implemented. According to the Public Defender, the existing external (outside hospital) control mechanisms fail to ensure the required degree of state control.279 Two recommendations issued to the Ministry concerned the introduction of complaints review procedures in psychiatric institutions. In particular, the first recommendation concerned the determination of a unified internal complaints review and feedback procedure for all institutions at the normative act. The recommendation has not been implemented. The recommendation has been endorsed by the Parliament of Georgia and has been reflected in its resolution. The second recommendation concerned the introduction of a simple and accessible procedure for complaining about issues relating to outpatient psychiatric care and human rights violations. The recommendation has been endorsed by the Parliament of Georgia and has been reflected in its resolution. The reply received from the Ministry reads that the mental health legislation is now being reviewed, updated and harmonized with the EU legislation and it is planned to carry out relevant changes. Consequently, this recommendation has not been implemented so far. One recommendation to the Ministry was aimed at preventing inter-patient violence and ensuring their safety. In particular, the Public Defender/Special Preventive Group demanded the introduction of a proper system for assessing and reducing the risks coming from patients and to document responses to the incidents of violence. This recommendation has been endorsed by the Parliament of Georgia and has been reflected in its resolution. The recommendation has not been implemented so far. The European Committee for the Prevention of Torture also refers to the need for taking measures to prevent inter-patient violence and to ensure safety in its 2019 report on Georgia.280 The reply received from the Ministry reads that they plan to make relevant changes in this direction. 278 Resolution of the Parliament of Georgia on the Report of the Public Defender of Georgia on the Situation of Human Rights and Freedoms in Georgia in 2018. 279 See detailed information in the chapter on state oversight and control. 280 Report of the European Committee for the Prevention of Torture on the visit to Georgia (CPT/Inf (2019) 16), para. 107, September 10-21, 2018, available in English at: <https://rm.coe.int/1680945eca> [last accessed: 15.01.20]. 99

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