The following description shall be considered a summary of legislation relating to National Human Rights Institutions in Georgia only, and does not seek to address nor provide any indication of the de facto practical implementation of the relevant laws.

The Constitution of Georgia establishes the Office of the Public Defender as an independent institution empowered to “oversee the protection” of human rights and freedoms in the country. He/she is elected for 5 years by the Parliament by the majority of its total number of members (Article 43 of the Constitution). Article 4 of the Organic Law on the Public Defender¹  stipulates that the Public Defender shall be fully independent in his/her activity and shall be guided by the Constitution and laws of Georgia. The Law also establishes that he/she is also “inviolable”, in other words largely immune to criminal process while in office: he/she may not be prosecuted or arrested and his/her vehicle or premises may not be searched without the Parliament’s consent thereto, regardless of whether such accusations relate to his work as Public Defender or not. This does not apply if the Public Defender is caught flagrante delicto (while committing the act), in which case the Parliament should be notified of this immediately; however, unless the Parliament gives its consent, the arrested or detained Public Defender must be released immediately. Once the Public Defender’s term of office has expired, this extensive immunity from criminal process is reduced to actions taken in relation to his office in the past. The Public Defender is not authorized to testify about matters that have been entrusted to him/her as Public Defender, even after the end of his/her official tenure. He/she may also not be prosecuted for any views expressed in connection with his/her duties (Article 5 of the Organic Law on Public Defender).

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The following description shall be considered a summary of legislation relating to National Human Rights Institutions in Georgia only, and does not seek to address nor provide any indication of the de facto practical implementation of the relevant laws.

The Constitution of Georgia establishes the Office of the Public Defender as an independent institution empowered to “oversee the protection” of human rights and freedoms in the country. He/she is elected for 5 years by the Parliament by the majority of its total number of members (Article 43 of the Constitution). Article 4 of the Organic Law on the Public Defender¹  stipulates that the Public Defender shall be fully independent in his/her activity and shall be guided by the Constitution and laws of Georgia. The Law also establishes that he/she is also “inviolable”, in other words largely immune to criminal process while in office: he/she may not be prosecuted or arrested and his/her vehicle or premises may not be searched without the Parliament’s consent thereto, regardless of whether such accusations relate to his work as Public Defender or not. This does not apply if the Public Defender is caught flagrante delicto (while committing the act), in which case the Parliament should be notified of this immediately; however, unless the Parliament gives its consent, the arrested or detained Public Defender must be released immediately. Once the Public Defender’s term of office has expired, this extensive immunity from criminal process is reduced to actions taken in relation to his office in the past. The Public Defender is not authorized to testify about matters that have been entrusted to him/her as Public Defender, even after the end of his/her official tenure. He/she may also not be prosecuted for any views expressed in connection with his/her duties (Article 5 of the Organic Law on Public Defender).

According to the Law, the Public Defender shall receive sufficient funds to ensure the proper performance of his/her functions (Article 25 par 2 of the Organic Law on the Public Defender). Funds for the remuneration of staff may not be reduced from one year to the next without the Public Defender’s prior consent (Article 25 par 3 of the Organic Law on the Public Defender). Any failure to comply with the obligation to assist the Public Defender in performing his/her functions or creating any obstacle to his/her activities will be reflected in the Public Defender’s report to the Parliament and will become the subject of a special debate before the Parliament (Article 25 of the Organic Law on the Public Defender). Failing or refusing to comply with a lawful demand of the Public Defender is also punishable under the Administrative Offences Code (with a fine amounting to 20 to 50 minimum labor rates, Article 173⁴ of the Administrative Offences Code). Likewise, exerting pressure of any kind on the Public Defender, for the purpose of hindering him/her in the exercise of his/her official duties, is punishable under Article 352 of the Criminal Code with various sanctions, including the deprivation of liberty for up to 3 years. The Public Defender may not carry out any activity other than the duties of the Public Defender while in office, except for work of a scientific, pedagogical or artistic nature (Article 8 par 1 of the Organic Law on the Public Defender).

The Public Defender is authorized to enquire into human rights situations and violations of human rights based on both complaints received and at his/her own initiative (Article 12 of the Organic Law on the Public Defender). Virtually anyone except representatives of state organizations may complain to the Public Defender against Georgian state institutions and public officials (Article 13 of the Organic Law on the Public Defender). The review of a complaint by the Public Defender shall not prevent a similar complaint from being reviewed by an international organization (or body) (Article 14 par 3 of the Organic Law on the Public Defender). Any type of letter or complaint sent to the Public Defender by persons detained in detention or arrest facilities or serving sentences in prison are confidential, may not be subjected to any censure and shall be transferred to the Public Defender immediately (Article 15 of the Organic Law on the Public Defender).

Upon receiving a complaint, the Public Defender initiates an enquiry into the allegation. While conducting investigations, the Public Defender has full and unlimited authorization to enter any state institution, including military units and detention and prison facilities. He/she is authorized also to ask for and receive all documents or materials required for his/her investigations within 10 days from state organizations, and ask for and receive written explanations from any public official or persons of similar status. During the course of investigations, he/she may prepare expert conclusions/assessments with the help of state and non-state organizations and invite expert consultants and view criminal, civil and administrative case materials, if a final court decision has already been made in a given case (Article 18 of the Organic Law on the Public Defender). All state organizations are obliged to assist the Public Defender in carrying out his/her functions and to provide the Public Defender with all requested information, materials and documents (Article 23 of the Organic Law on the Public Defender). The Public Defender may access state, commercial or other secrets, according to the rules established by applicable legislation (Article 20 of the Organic Law on the Public Defender).

The Public Defender is also competent to enquire into the general human rights situation in detention facilities and prisons, psychiatric institutions, homes for the elderly and child care institutions; he/she may personally meet and interview persons detained or imprisoned in/staying at such institutions to see whether their rights have been violated and whether their detention or imprisonment/confinement in such places has a proper legal basis. Such meetings with detainees, prisoners, psychiatric patients, elderly people and children are confidential and may not be subject to any type of surveillance or wire-tapping (Article 19 of the Organic Law on the Public Defender).

Based on the results of his/her investigations, the Public Defender may take the following measures: a) address the Parliament or other state bodies with proposals and recommendations concerning the applicable legislation; b) address state bodies with proposals and recommendations concerning specific violations of human rights; c) address investigation authorities and ask them to commence criminal investigation in relation to specific human rights violations; d) address appropriate authorities with recommendations on initiating disciplinary proceedings against officials responsible for human rights violations; e) intervene as amicus curiae in proceedings before Georgian common courts and the Georgian Constitutional Court; f) inform the media about the results of his/her enquiry into human rights violations; g) include his/her findings in his/her annual and special reports; h) address the President if legal remedies envisaged by a presidential decree are insufficient; i) address the Constitutional Court with a constitutional lawsuit on human rights violations or the constitutionality of referenda/elections; j) in special circumstance, address the Parliament with a request to create an ad hoc parliamentary investigative commission to discuss specific cases involving the violation of human rights (Article 21 of the Organic Law on the Public Defender).

Submitting complaints to the Public Defender, and the services thereupon provided by the Public Defender are free of charge (Article 16 of the Organic Law on the Public Defender).

In order to conduct his/her work in an adequate manner, the Public Defender may establish specialized centers on specific issues under the supervision of the Public Defender (Article 26 par 4 of the Organic Law on Public Defender). Currently, there are three specialized centers in the Office of the Public Defender: a Center for the Protection of the Rights of Children and Women; a Center for the Protection of the Rights of Disabled People; and a Center for Tolerance.

Based on Article 3 of the Optional Protocol to the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment² , the Georgian Public Defender is the designated National Preventing Mechanism for Georgia (Article 3¹ of the Organic Law on the Public Defender). The functions of the Public Defender as a National Preventive Mechanism are performed by a Special Preventive Group within the Office of the Public Defender. The Special Preventive Group regularly visits and assesses the conditions of detention facilities, prisons, psychiatric institutions, homes for the elderly and children’s homes. Members of the Special Preventive Group act based on the Public Defender’s special power of attorney and are accountable only to the Public Defender (Article 19¹ of the Organic Law on the Public Defender).

The Public Defender is obliged to submit an annual report concerning the protection of human rights and freedoms in the country once a year in March. The report must indicate central and local state authorities and officials who have violated human rights and freedoms during the reporting period or who did not respond to the Public Defender’s recommendations on measures to restore violated rights. The report should also contain general assessments, findings and recommendations concerning the protection of human rights and freedoms in the country (Article 22 of the Organic Law on the Public Defender).

The Public Defender also prepares and submits to the Parliament, on an ad hoc basis, special reports concerning the rights of specialized groups such as life prisoners, women prisoners, child prisoners, elderly people, disabled people and psychiatric patients. While annual reports of the Public Defender must be published in the Parliament’s official gazette, special reports may be published if the Public Defender so decides.

At the parliamentary level, the Parliamentary Human Rights and Civil Integration Committee³ , among its other tasks, exercises parliamentary control over bodies and officials accountable to the Parliament and institutions carrying out human rights protection activities, namely ministries and other executive authorities. While it is not an independent national human rights institution, it is still a separate supervisory human rights body that serves to monitor the executive and deals with  human rights situations and complaints, though not at the same level and to the same extent as the Public Defender. The Committee works on the protection of general human rights and the rights of minorities, IDPs, refugees, deported persons and other groups actually or potentially affected by human rights violations. In cases involving violations of the positive obligation of the state or in case of large-scale human rights violations of a special group or other group of persons, the Committee may raise this issue before the Parliament, or address the President or other officials concerned. The reports submitted by the Public Defender are first discussed within the Human Rights and Civil Integration Committee.

The Committee consists of 14 members of Parliament and discharges its responsibility in accordance with the competences of members of Parliament. In particular, on issues falling within its competence, the Committee has the right to initiate laws and make legislative proposals, control the implementation of laws, resolutions and other acts of the Parliament, respond to violations of laws revealed as a result of having heard, discussed and assessed information received on issues within its competence by sending recommendations to the President, Prime-Minister, members of the Government and bodies accountable before the Parliament, including the Public Defender. The Committee receives and responds to citizens’ and legal entities’ complaints and applications within its competence.

¹ According to Article 4 par 5 of the Organic Law on the Public Defender, his/her remuneration equals that of the Chairman of the Constitutional Court.

² Georgia has been party to the Optional Protocol since 9 August 2005.

³ The Human Rights Protection and Civil Integration Committee of the Parliament was created and operates based on the Statute of the Human Rights Protection and Civil Integration Committee of the Parliament, approved by Decision of the Parliamentary Bureau No. 1/4 dated 13 June 2008.

Summary provided by: Giorgi Kukulava, Legal Expert, Georgia

Uploaded in February 2012

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