the prisoners to be able, in agreement with the doctor and on the basis of a relevant
prescription, to buy a branded medication corresponding to the generic one initially
prescribed by the doctor in the penitentiary institution’s pharmacy or, where there is
no pharmacy, to receive such medications from their family members.
During our monitoring, having studied the documentation and conversed with the
prisoners, we found out that patients sometimes do not get medications prescribed by
the doctor as part of a complex course of treatment. Also, often times the prescribed
medications are later substituted with other medications – something which is heavily
frowned at by prisoners and which even becomes a ground for conflict between the
doctor and the patient.
RECOMMENDATION TO THE MINISTER OF CORRECTIONS:
•• Take measures to ensure that prisoners have unimpeded access to basic pre-
scribed medications; ensure that, in issuing prescriptions, doctors are not
limited to issuing only those medications that are available in the penitentiary institution and that prisoners can access branded medications at their
own expenses without barriers, upon their request and in agreement with
their doctors; elaborate a clear procedure for delivering medications in parcels to prisoners in penitentiary institutions where there are no pharmacies.
2.5.4.
ACCESSIBILITY AND QUALITY OF HEALTHCARE SERVICES
2.5.4.1. ACCESS TO A DOCTOR
The European Human Rights Court has stated in Kudla v. Poland that Article 3 of the
European Convention imposes the obligation upon the State to secure physical health
of detained persons. In many of its judgements has the Court stated that it is incumbent
upon the relevant domestic authorities to ensure, in particular, that diagnosis and care
have been prompt and accurate, and that supervision by proficient medical personnel
has been regular and systematic and involved a comprehensive therapeutic strategy.143
According to information received from the Medical Department of the Ministry of
Corrections, 37 primary healthcare teams are operational in penitentiary institutions.
The teams are composed of family doctors. During 2014, family doctors employed at
the institutions issued medical advice to the prisoners 214,567 times (this figure was
224,363 in 2013). As for the invited doctors, they issued medical advice in 30,726
cases (33,929 cases in 2013). The statistics show that the number of consultations
provided by family doctors and invited doctors has decreased in 2014 compared to
2013; the decrease is not significant though. It should be taken into account that,
according to the statistical data provided by the Ministry of Correction, the sickness
143 See, inter alia, Jashi v. Georgia, Judgment of 8 January 2013, par. 61
90 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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