In accordance with Paragraph B, Article 21 of the Law of Georgia on the Public Defender, the Public Defender of Georgia, George Tugushi, addressed the Minister of Labor, Health and Social Affairs, Andria Urushadze with a recommendation to study the issue of adequacy of diagnostics and treatment of the persons with disabilities (39 beneficiaries) placed in the Dusheti Children’s Home and ensure the availability of corresponding medical treatment.

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From September 27 to October 5, 2010, the Special Preventive Group of the Public Defender carried out monitoring of the condition of human rights and freedoms in the institutions for persons with disabilities, the elderly, and children devoid of care. On September 30, 2010, the Special Preventive Group visited the Dusheti Children’s Home to conduct the monitoring.

In accordance with the September 15, 2010 Decree No. 1/925 of the Director of the Agency for the Service of the Disabled, the Elderly, and Children Devoid of Care LPPL of the Ministry of Labor, Health and Social Affairs of Georgia, the Dusheti Children’s Home is to temporarily receive and serve the beneficiaries of the Martkopi Boarding House for the Disabled.

The majority of the beneficiaries of the aforementioned boarding house have been diagnosed and receive the prescribed treatment. However, during the process of the monitoring carried out by the Special Preventive Group, it was documented that, in spite of the treatment administered, several beneficiaries transferred to the Dusheti institution developed strong excitation and inadequate behavioral manifestations (throwing stones and iron objects, threats, etc.). According to other beneficiaries, since the situation became tense, they haven’t been able to leave the rooms of the institution, fearing physical injury.

The situation in the institution posed a threat to the members of the Special Preventive Group and interrupted the monitoring process during the whole day. In spite of repeated attempts, the staff of the institution was unable to control the situation during the day of the monitoring.

The existing situation makes the management of the situation extremely difficult for the staff. There is a danger that the staff may lose control of the situation.

According to the Director of the Dusheti Children’s Home, D. Tomadze, and the Physician/Psychiatrist, M. Brachuli, the beneficiaries transferred from the Martkopi Boarding House for Persons with Disabilities to the Dusheti Children’s Home do not have medical cards. The aforementioned makes it impossible to assess how adequately the beneficiaries were diagnosed and treated.

The Public Defender of Georgia considers that in the aforementioned case, the universal right to healthcare and medical treatment acknowledged by Article 37 of the Constitution of Georgia and Article 12 of the International Covenant on Economic, Social and Cultural Rights, as well as the availability of medical service and timeliness and quality of medical intervention may have been violated. In addition, violations of the right of the medical personnel and beneficiaries to be under conditions that are safe for health may also have taken place.