Statement of Human Rights Center about the Problems of Prisoners with Grave Health Conditions

Human Rights Center believes that when penitentiary department fails to ensure medical treatment for prisoners, that may result into his/her death or grave deterioration of health conditions, shall become ground to release the prisoner from prison in accordance to the Article 37, Paragraph 1 “f” of the Code on Imprisonment of Georgia.

Human Rights Center processes cases of several prisoners, who are placed in the Jail Hospital # 18. They have several grave diseases simultaneously and their diagnoses are on the list of the grave and incurable diseases, which was enacted based on the decree of the Minister of Labor, Healthcare and Social Welfare as a basis for the release from imprisonment. 

Human Rights Center addressed the joint permanent commission of the Ministry of Corrections and Ministry of Labor, Healthcare and Social Welfare to comprehensively study the conditions of prisoners and release them from remained term of imprisonment because of their health conditions. If they stay in prison, their lives will be under serious risk that violates the Article 15 of the Constitution of Georgia.

Health state of the prisoner Tamaz Rasoyan, beneficiary of Human Rights Center, is particularly alarming. He is losing eyesight and there is threat that will get blind. The convict needs immediate surgical operation but in accordance to the medical notice of his doctor, he cannot be operated on while he is in prison. It is noteworthy that during imprisonment Tamaz Rasoyan became victim of physical and psychological torture. As a result of it he got problems with eyesight. 

Prisoner Murad Todua also applied to Human Rights Center for help. He is in the jail hospital # 18 and takes unsuccessful medical treatment there. Murad Todua cannot move, sit up and eat independently. 

Human Rights Center defends rights of prisoner Inga Tsuladze, who serves her term in Prison # 5 for women convicts. During imprisonment she got ill as a result of beating and torture. Although her health conditions meet the criteria for the release from imprisonment, the permanent joint commission permanently rejects the solicitations of the Center about Inga Tsuladze’s case.

In accordance to the Article 37 Paragraph 1 “f” of the Code on Imprisonment of Georgia, a convict shall be released from a custodial establishment due to illness or old age, in cases, envisaged by the Georgian legislation. 

Permanent Joint Commission of the Ministry of Corrections and Ministry of Healthcare rejected the applications of Tamaz Rasoyan, Murad Todua and Inga Tsuladze without any clarifications although the diagnoses by their doctors meet the list of grave diseases which shall become basis for the release from imprisonment. 

Human Rights Center underlines that a convict has right to get adequate medical assistance that should include not only qualified consultations and analysis but also adequate medical treatment which will ensure the patient’s timely, and not dragged out, recovery.

The State is responsible to take care of every prisoner, who are under absolute supervision of the state institutions. Thus, it is important that the State immediately executed the requirements of the Code on Imprisonment, when a prisoner may be released from imprisonment term due to his/her grave health conditions or old age.

Human Rights Center