The checks carried out throughout the reporting period in penitentiary establishments
showed that the reports were sent to the investigative bodies in all cases. The Special
Preventive Group detected one case of failure to report from the penitentiary establishment N15. This was explained by the prison administration by the failure of the doctor
to inform the representatives of this establishment that were supposed to send the
report to the investigative bodies.
It is worth noting that according to the practice established in penitentiary establishments, if the doctor discovers bodily injuries in the course of medical examination, he/
she informs the representatives of the Unit of Legal Regime and Security of this establishment. They consequently provide information to the director of the establishment.
The director sends the report to the Prosecutor’s Office and the Investigative Department of the Ministry of Corrections. It is also worth noting that the legislation only provides for the obligation of the director of the institution to send reports to the investigative organs about the bodily injuries of patients.
The Public Defender believes that it is appropriate to increase the role of doctors in reporting of alleged facts of ill-treatment. The legislation needs to be amended in order to
introduce the obligation of doctors to personally send reports to the Prosecutor’s Office
about bodily injuries of prisoners detected in penitentiary establishments.
RECOMMENDATIONS
RECOMMENDATIONS TO THE MINISTER OF CORRECTIONS
• Prepare and introduce a new form for documenting injuries in accordance
with the Istanbul Protocol, making it possible to insert more detailed information about bodily injuries.
• Conduct intensive trainings for the medical personnel of penitentiary establishments about identification and documentation of ill-treatment.
• Prepare clear instructions to secure confidentiality of communications between doctors and prisoners and ensure their practical implementation.
• Secure proper fulfilment by the representatives of penitentiary establishments of the obligation to report about allegations of ill-treatment to competent organs.
• Define the obligation of doctors of penitentiary establishments to directly
send a report to the Chief Prosecutor’s Office of Georgia, whenever he/she
receives information or makes a conclusion that the prisoner could have been
subjected to ill-treatment in a respective subsidiary normative act.
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
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