The Constitutional Court of Georgia has upheld a constitutional claim filed by the Public Defender, challenging rules on involuntary psychiatric treatment, including the court’s authority and the duration of such measures.
The Public Defender argued that compulsory psychiatric treatment, while similar in nature and purpose to other forms of involuntary treatment, imposes excessive restrictions on individual rights without sufficient safeguards.
In its assessment, the Public Defender of Georgia noted that patients subjected to compulsory treatment lack adequate procedural guarantees, including effective mechanisms to regularly assess the necessity of treatment and proper judicial oversight.
Concerns were also raised over the length of compulsory treatment and the risk that individuals may remain under such measures even when they are no longer necessary.
The Public Defender argued that the existing legal framework contradicts constitutional protections, including the prohibition of degrading treatment and the principle of equality before the law.
The Court found that prolonged compulsory psychiatric treatment, in the absence of sufficient safeguards, could reach the threshold of inhuman or degrading treatment if it continues without objective medical necessity.
It emphasized the need for regular, impartial reviews of treatment, the possibility to initiate reassessment, and effective judicial control as essential legal guarantees.
The Court also noted that under the current system, decisions on continuing compulsory treatment are largely confined to a single medical institution, without adequate judicial oversight or involvement of independent experts, creating a risk of unjustified prolongation.
As a result, the disputed norms were declared unconstitutional in relation to Article 9 of the Constitution of Georgia.
At the same time, the Court postponed the invalidation of the norms until November 1, 2026, to allow lawmakers time to introduce necessary legislative amendments.
