On November 17, 2022, the Public Defender of Georgia filed a constitutional claim[1] with the Constitutional Court of Georgia, challenging Order No. 663 of the Minister of Justice of Georgia of November 30, 2020 - “On Approval of the Procedure for Recording Injuries of Accused/Convicted Persons Sustained as a Result of Alleged Torture and Other Cruel, Inhuman or Degrading Treatment in Penitentiary Institutions”. In particular, according to the disputed rule, the patient’s consent to a medical examination was a mandatory prerequisite for a doctor to record prisoners’ visible injuries and refer them to the relevant investigative body.

After accepting the constitutional claim for consideration on its merits, the Ministry of Justice of Georgia informed the Constitutional Court that by Order No. 1096 of the Minister of Justice of Georgia of July 11, 2025, amendments were made to the normative act challenged in Constitutional Claim No. 1748, and the current regulation completely eliminated the issue raised by the plaintiff.

The Public Defender of Georgia welcomes the decision of the Minister of Justice, which echoes the Public Defender's request - even in the absence of the prisoner's consent, the doctor should draw up a certificate based on the patient's physical examination and inform the relevant body/official about alleged torture and other cruel, inhuman or degrading treatment.