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Human Rights Center Condemns Negligence and Inactivity of the Joint Commission of the Penitentiary and Health Ministries

March 6, 2012

Tamta Beliashvili

On March 6, the Human Rights Center held a press-conference about the rights of prisoners with grave and incurable diseases. At the press-conference the lawyers of the Human Right Center Nino Andriashvili and Eka Kobesashvili spoke about the cases they work on.

The cases, processed by the Legal Aid Center of the Human Rights Center, prove that the Joint Commission of the Ministry of Corrections and Legal Aid and the Ministry of Labor, Healthcare and Social Welfare is indifferent about its obligations and their inactivity breaches the legal rights of the convicted people.

The head of the Legal Aid Center Nino Andriashvili informed journalists about the case of the convicted Gocha Archaia who died in the jail hospital two weeks ago. He suffered from various chronic diseases and in accordance to the law, he had right to leave the custody.

The joint commission is obliged to study health conditions of the convicted people with grave and incurable diseases and release them from imprisonment. Nino Andriashvili said the Commission is responsible for the death of the convicted Gocha Archaia.

According to the Human Rights Center’s information, the commission often refrains from discussing the prisoners’ applications and does not take urgent measures to protect the rights of prisoners with poor health.

“Initially, the Human Rights Center petitioned to the Joint Commission about Gocha Archaia’s health conditions on September 22, 2011. Before that the prisoner himself applied to the Commission several times. However, the state institution never responded to the petitions on time and it caused deplorable fact. Gocha Archaia’s family requested to allow the prisoner to spend his last days in the family. Unfortunately, the convicted died and the Commission did not respond to any of his petitions,” Nino Andriashvili said.

The lawyer added that two days ago, she called the Commission and found out that they did not even have information about Archaia’s death.

The Human Rights Center petitioned to the Commission on August 5, 2011 and requested medical examination and early release of the prisoner Temur Akhmedov, who was serving his term in Rustavi Prison # 5. The Center’s lawyer Eka Kobesashvili works on Akhmedov’s case. The lawyer said the convicted has several grave chronic diseases and his health conditions get worse every day. In fact, he cannot independently move and everything can end with tragedy at any moment. Despite that, the Commission has not responded to the petition yet.

In accordance to the Code of Georgia about Imprisonment, the Commission is authorized to timely and impartially make decision about similar cases. The convicted, who has grave and incurable diseases, can spend last months or days in his family discharged from punishment.

The lawyers of the Human Rights Center state that the main problem is that the Commission is inactive and does not do anything to satisfy the petitions of prisoners and their relatives. According to Nino Andriashvili, in reply of their solicitations, the Commission either refuses to satisfy their request or gathers later to discuss the case for various reasons. As a rule, after their refusal the lawyers appeal to the European Court of Human Rights which imposes certain responsibilities over the Commission.

The Human Rights Center calls upon the Joint Commission of the Ministry of Corrections and Legal Aid and Ministry of Labor, Healthcare and Social Welfare to timely respond to the petitions of sick prisoners and to take all necessary measures to assist them in accordance to the law.

The lawyers of the Human Rights Center hope the Commission will start to implement its duties adequately and mortality among prisoners will be eradicated.

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