recommendation is based on the doctor’s examination of a prisoner’s actual health
condition. The Special Preventive Group’s impression was that doctors are, in fact,
partaking in the enforcement of disciplinary punishment and it is the doctor who
determines for how long a prisoner can be held in a solitary confinement cell. It may
seem at a glance that a prisoner feels relieved knowing that a doctor endorsed his
confinement as safe for his health but, on the other hand, a routine application of
such practice may cause resentment in other prisoners who did not receive a positive
recommendation from the doctor. We believe such practice may cast doubt on the
independence of prison doctors.
With a view of raising the independence and competence of the penitentiary
healthcare personnel, it is necessary to ensure professional independence of the
healthcare staff. The medical ethics principles must fully be incorporated in the legal
framework regulating the penitentiary system. Further, the healthcare personnel
should be provided with continuous professional training; existing training modules
should be enhanced. Finally, an effective mechanism should be created to evaluate
and supervise the sustainability of training results. Clear job descriptions should be
elaborated for the healthcare personnel.
It is an established practice in remand facilities and places for deprivation of liberty that
prisoners request an appointment with the doctor through the prison staff who are
not healthcare personnel and often times doctors examine prisoners and provide their
consultation in the cells. This procedure contravenes the principle of confidentiality of
the patient/doctor relations because the patient’s medical complaints become known
to non-healthcare staff of the prison and to other inmates.148 Save urgent cases, any
medical examination and consultation should be performed in privacy, in observance
of the confidentiality principle, in a doctor’s office.149
The principle of confidentiality is breached also by Article 24(2)150 of the Georgian
Imprisonment Code, which states that a medical account of a prisoner’s mandatory
medical examination carried out on admission must be kept in the prisoner’s personal
(non-medical) file.
The confidentiality principle is not always respected when prisoners undergo their
mandatory medical examination on admission to a penitentiary institution. Thus, the
members of the Special Preventive Group who were inspecting a prisoner admission
process at the Institution no. 3 witnessed that a woman prisoner’s external inspection
was not attended by a doctor-on-duty at all; instead, the doctor was getting the
information about prisoner injuries from a controller who was searching the prisoner.
Examination of male prisoners’ injuries was limited to very shallow visual observation
and asking some general questions of the prisoner; the process was attended by a
controller (who does not belong to the healthcare personnel). The described procedure
148 Par. 51, passage from the General Comment of the Committee for the Prevention of Torture (CPT/
Inf(93)12).
149 Ibid., par. 35
150 Ibid. paras. 50-51
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
107
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