also been established that in some instances, the staff of the establishment attends the
meeting of the prisoner with the doctor, including when injuries inflicted in penitentiary
establishments are documented. Consequently, the confidentiality of communications
of the doctor and the prisoner is not secured.
It is worth noting that in his Parliamentary Report of 2014, the Public Defender of Georgia gave a recommendation to the Minister of Corrections to take all reasonable measures, including through training and instructions so that the confidentiality of conversations between prisoners and medical personnel are fully secured.
According to the information provided by the Ministry of Corrections about fulfilment
of this recommendation, the Ministry does not acknowledge the problem indicated
above and explains that conversations between medical personnel and prisoners are
conducted without involvement of any third party. However, at the request of medical
personnel, the representative of the establishment may attend the meeting, for security
purposes. Besides, the Medical Department apparently gives instructions to the personnel, there are periodic trainings, including about confidentiality.
As mentioned above, medical personnel responsible for documenting bodily injuries of
prisoners has a special role in preventing ill-treatment. The development of trust between a prisoner and a doctor is essential to properly document allegations of ill-treatment. This is impossible without confidential communication. It is no less important to
report to the competent organs about allegations of ill-treatment. National legislation
and international standards require reporting to the competent organs and proper investigation into the allegations of ill-treatment.
The doctors of the penitentiary system should act in the best interests of their patients
and keep in mind the obligation to secure confidentiality. At the same time, the doctor
has moral reason to uncover ill-treatment. If the patient agrees to disclose information about ill-treatment, the doctor is obliged to send the information to the respective investigative authority. If the patient refuses to disclose the information, the doctor
should weigh potential danger for this patient against benefits of disclosure of information for all prisoners and the entire society interested in eradicating the practice of
ill-treatment.25
According to the established practice, when the accused enters a penitentiary establishment, the report about bodily injuries is sent to the Prosecutor’s Office. Reports about
bodily injuries of the convict/the accused during their stay at the establishment are sent
to the Investigative Department of the Ministry of Corrections as well as the Prosecutor’s Office of Georgia.
25 Istanbul Protocol, para 72.
28
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents