The report of the Public Defender on the condition of prisoners with disabilities has been published with the support of Open Society Georgia Foundation.
In light of the fact that the Parliament of Georgia has ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD), the report is of particular importance. In this respect, the National Preventive Mechanism was implemented for the first time in Georgia. This is the first specialized report not only for Georgia, but also for many other countries that are which are signatories of the Convention.
Within the framework of the National Preventive Mechanism and with financial support of the Open Society Georgia Foundation, monitoring has been conducted from October 21through November 13, 2013, the aim of which was to monitor the implementation of commitments that the state has undertaken under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) towards persons with disabilities in the penitentiary system, mental institutions and temporary detention center.
The report provides the results of complex analysis of systematic gaps/problems that were identified during the monitoring process. Corresponding recommendations are also included. The monitoring revealed that Disability Statistics are not available for state agencies and, further, that they do not have a mechanism for identification and assessment of the needs of people with disabilities. Consequently, penal institutions do not meet the minimum standards of accessibility and reasonable adjustment.
A rehabilitation program for prisoners and patients with disabilities has been established neither in the penitentiary system nor in the National Center for Mental Health. Consequently, patients’ conditions gradually grows worse, their functional status is degrading and they become chronically ill. Particular attention was paid to non-medical use of excessive amounts of psychoactive drugs (substances) and to the lack of standards for the care of disabled prisoners, as well as to the need for the introduction of specialized services related to disabilities.
Patient care and treatment standards have been violated in the National Center for Mental Health, including the use of physical restraints in violation of the legal norms. Some facts of complete deprivation of patients, including their exclusion and isolation from society for several decades have been recorded in the National Center for Mental Health. Also, some other important issues have been revealed, such as treatment delay for involuntary psychiatric patients for more than 20 years; absence of a therapeutic environment; and the lack of standards for discharging patients from hospitals.
Temporary detention cells do not meet the hygiene standards, as well as minimum standards required for health maintenance. They are not tailored to the needs of persons with disabilities. Hundreds of prisoners ask for investigation of torture and abuse recorded before 2012. However, state agencies have not yet carried out a comprehensive investigation of these facts. The current situation is yet another proof that the creation of effective mechanisms for the investigation initiated by the Ombudsman is of great necessity.
Recommendations of the Public Defender towards the Ministry of Corrections and Legal Assistance of Georgia, the Ministry of Health, Labor and Social Affairs of Georgia and the Ministry of Internal Affairs of Georgia are fully presented in the report.
After the presentation, the following issues have been discussed: attitude toward people with disabilities, lack of funding for state mental health programs and other issues.
Archil Talakvadze, the deputy minister of Penitentiary and Probation Ministry, spoke about the positive changes that are taking place in the system and noted that some of the violations, which were revealed during the monitoring process, were corrected. Also, a special medical unit will start its operation very soon. It will be provided with a complete service for the treatment of prisoners with disabilities. The Deputy Minister reviewed the reforms that have been carried out as a result of the Public Defender’s recommendations.
The national prevention mechanism of the Public Defender will conduct a second monitoring in the nearest future in order to determine whether the legal status of persons with disabilities has improved as a result of analyzing the problems identified in the report. The Ombudsman shall submit the results to the public.
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