Public Defender Blames Penitentiary Ministry in Violation of the Law

Public Defender of Georgia Giorgi Tugushi blamed the Ministry of Corrections and Legal Aid of Georgia in violation of the law.

In accordance with Paragraph 2, Article 41 of the Constitution of Georgia, “The information existing on official papers pertaining to an individual’s health, his/her finances, or other private matters shall not be accessible to anyone without the consent of the individual in question except in the cases determined by law, when it is necessary for ensuring the state security or public safety, for the protection of health, rights, and freedoms of others.” It is obvious that, with its statement, the Ministry has disseminated information that belonged to the personal secrets of the convict Delianidze which the Ministry is obliged to protect by the Constitution, which violated the rights of the deceased convict as well as of other persons.  Disclosing and publicizing information about sexually transmitted illnesses constitutes a special case, because this not only violates the lawful interests of the deceased person, but also casts a shadow on the patient’ family members, relatives, and  a circle of other persons who remain alive,” the Ombudsman said.

Tugushi said similar action must be punished under the law. “I address the relevant law enforcement bodies with a recommendation to launch an investigation into the aforementioned fact and hold the relevant persons criminally responsible. On the other hand, I call on the Minister of Corrections, Probation and Legal Assistance to take relevant measures in order to avoid such violations of rights in the future,” Tugushi stated.

On May 3, 2012, the Ministry of Corrections, Probation and Legal Assistance of Georgia posted a statement on its web-site about the death of convict Zurab Delianidze.

The statement says that “the convict was ill with an acute form of a venereal disease” and “on March 7, 2012, convict Z. Delianidze was transferred to Medical Institution for Defendants and Convicts No. 18 with the aim of further treatment and started to undergo a course of intensive treatment, but, unfortunately, on May 1, it ended in a lethal outcome for the patient.”

Inga Murusidze, News Agency “Pirveli”