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Public Defender's Office, Georgia

The Public defender and his office  

1. The Public defender's institution was created on the basis of the constitution of Georgia, adopted in August 24, 1995. The protection of human rights and fundamental freedoms within the territory of Georgia is supervised by this institution. The Public Defender's institution reveals facts of violation of human rights and receives the necessary measures regarding them.

2. The Public Defender of Georgia is elected for a five-year term by the majority of the total number of members of Parliament of Georgia. The powers of the Public Defender are determined by "Organic Law on the Public Defender of Georgia" adopted in May 16, 1996. It must be noted that the draft law on the Public Defender of Georgia was given full support by NGOs.In accordance with the wide range of authorities given to the public defender, the independent experts consider this particular law to be one of the most powerful ones.

3. By the submission of the President, the Parliament has elected the first Public Defender of Georgia, Mr. David Salaridze.

4. The Public Defender's institution started its functioning from January 1998, in a transition period,- the period of economic and political crisis. During that period the population was ignorant to their civil and political rights. There was the need of reforming the whole judiciary system, which could assure the effective protection of human rights.

5. Since, Georgia had gained its independence a lot of problems emerged. In order to solve some part of it, the following projects have been implemented: The adoption of the constitution and separation of the state powers, the creation of legal guarantees for human rights protection, the establishment of the Constitutional Court of Georgia, the reformation of modern legislative base, the beginning of judicial reform which shall result the creation of an appeal Court. Serious changes took place in order to reconstruct Georgia into a transit country. Georgia takes effective participation in international projects.

6. Unsolved conflicts in South Osetia and Abkhazia are basic political problems for our country. If there is a progress in regulation of Georgia-South Osetia conflict, we can not say it in case of Abkhazia. The result of this conflict are big number of internally displaced people (IDP), that includes wide range of political and economic problems and most important, the protection of human rights and freedoms.

7. The Public Defender of Georgia and his staff have begun the activities against such situation in order to meet the basic conditions for international agreements. The three main departments are created: social and political rights, social-economic and administrative departments, as well as some services to cooperate with media and international organizations, reception of individuals or their letters and common issues service. The Public Defender coordinates the activities of his office with the assistance of the deputies, heads of departments and services.

8. Upon the law, the Public Defender shall take independent decisions in connection with human rights and freedoms, if the issue concerns "the decisions made by higher authorities, administrative bodies or courts" and if there is a proven presumption of violation of the above rights. Thus the jurisdiction of the Public Defender is valid upon the whole territory of Georgia, as well as residents of the country regardless his citizenship.

9. Due to small number of personnel of Public Defender board, it is impossible to pay attention to the wide range of problems connected to human rights. Thus the Public Defender's board has outlined priorities of its activities, as well as the target Groups: to act as mediator in the process of national reconciliation; to handle the whole range of economic and social problems; to set up relationship with the court authorities; to protect the rights of prisoners, women, children, handicapped, internally displaced people. Educational activities of Public Defender should be specially emphasized. A set of special seminars has been held for the officers responsible to protect human rights. SIDA with RWI arranged the seminars in the Public Defender's Office, one was held for police and penitentiary system and other for court system and prosecutor's employees. The office of Public Defender with the support of NGOs began to issue simple booklets. The goal of which is to make the present legislation and international juridical standards available for society.

10. The relationship with non-governmental organizations is of utmost importance and the cooperation with them is becoming deeper and prospective.

11. The Public Defender as occupying more and active place in our society. His proposals and recommendations are acquiring significance and the institution itself is being established as considerable force. In May 1999 with the active mediation of Public Defender of Georgia the former Minister of Defense, General Tengiz Kitovani was released from prison, he was charged on establishing illegal armed formation and was sentenced to 8 years. After 4 years of imprisonment he was released considering his health's deterioration. In 1997 citizen Ratiani was imprisoned. In accordance with the court verdict of 1997, he was charged for participation in terrorist act and Coup de tat and was imprisoned for 7 years. Mr Ratiani sent a letter to Public Defender's office claiming to review the legality of the verdict. After the review of the case, the Public Defender decided to mediate to the court regarding it. As a result of the review of the case Mr. Ratiani was released.

12. Georgia's Public Defender is actively expanding its international contacts. Public Defender made his first international contact with Europian Council in December 1997. He particularly visited Human Rights Board of Europian Council. After the visit, Public defender's Office with support of European Council organized the seminar on "Ombudsman Institute". Experts from European Council as well as Ombudsmen from other countries participated in it. Public Defender participated in 6th Round Table of Malta in October 1998 and in the conference organized by European Council in Strasbourg. European Council financed the visits. Public Defender cooperates with Sweden Raul Wallenberg Institute and Sweden International Agency. Due to the support of the above organizations Public Defender's Office had held two seminars for law enforcement officials. The UNDP has initiated a significant project, the purpose of which is to strengthen Public Defender's Office. Within the framework of the project we cooperate with Dutch Human Rights Center, which will provide our office with technical equipment and assist to create the library with literature about human rights.

13. Georgia's Public Defender is a frequent guest on TV and radio. Thus expressing his ideas concerning human rights publicly, he performs functions of "enlighter" and "protector" simultaneously. In addition he has his own printing body, quarterly issuing the magazine- "Komagi".

Public Defender's Office, Georgia

The Public defender and his office  

1. The Public defender's institution was created on the basis of the constitution of Georgia, adopted in August 24, 1995. The protection of human rights and fundamental freedoms within the territory of Georgia is supervised by this institution. The Public Defender's institution reveals facts of violation of human rights and receives the necessary measures regarding them.

2. The Public Defender of Georgia is elected for a five-year term by the majority of the total number of members of Parliament of Georgia. The powers of the Public Defender are determined by "Organic Law on the Public Defender of Georgia" adopted in May 16, 1996. It must be noted that the draft law on the Public Defender of Georgia was given full support by NGOs.In accordance with the wide range of authorities given to the public defender, the independent experts consider this particular law to be one of the most powerful ones.

3. By the submission of the President, the Parliament has elected the first Public Defender of Georgia, Mr. David Salaridze.

4. The Public Defender's institution started its functioning from January 1998, in a transition period,- the period of economic and political crisis. During that period the population was ignorant to their civil and political rights. There was the need of reforming the whole judiciary system, which could assure the effective protection of human rights.

5. Since, Georgia had gained its independence a lot of problems emerged. In order to solve some part of it, the following projects have been implemented: The adoption of the constitution and separation of the state powers, the creation of legal guarantees for human rights protection, the establishment of the Constitutional Court of Georgia, the reformation of modern legislative base, the beginning of judicial reform which shall result the creation of an appeal Court. Serious changes took place in order to reconstruct Georgia into a transit country. Georgia takes effective participation in international projects.

6. Unsolved conflicts in South Osetia and Abkhazia are basic political problems for our country. If there is a progress in regulation of Georgia-South Osetia conflict, we can not say it in case of Abkhazia. The result of this conflict are big number of internally displaced people (IDP), that includes wide range of political and economic problems and most important, the protection of human rights and freedoms.

7. The Public Defender of Georgia and his staff have begun the activities against such situation in order to meet the basic conditions for international agreements. The three main departments are created: social and political rights, social-economic and administrative departments, as well as some services to cooperate with media and international organizations, reception of individuals or their letters and common issues service. The Public Defender coordinates the activities of his office with the assistance of the deputies, heads of departments and services.

8. Upon the law, the Public Defender shall take independent decisions in connection with human rights and freedoms, if the issue concerns "the decisions made by higher authorities, administrative bodies or courts" and if there is a proven presumption of violation of the above rights. Thus the jurisdiction of the Public Defender is valid upon the whole territory of Georgia, as well as residents of the country regardless his citizenship.

9. Due to small number of personnel of Public Defender board, it is impossible to pay attention to the wide range of problems connected to human rights. Thus the Public Defender's board has outlined priorities of its activities, as well as the target Groups: to act as mediator in the process of national reconciliation; to handle the whole range of economic and social problems; to set up relationship with the court authorities; to protect the rights of prisoners, women, children, handicapped, internally displaced people. Educational activities of Public Defender should be specially emphasized. A set of special seminars has been held for the officers responsible to protect human rights. SIDA with RWI arranged the seminars in the Public Defender's Office, one was held for police and penitentiary system and other for court system and prosecutor's employees. The office of Public Defender with the support of NGOs began to issue simple booklets. The goal of which is to make the present legislation and international juridical standards available for society.

10. The relationship with non-governmental organizations is of utmost importance and the cooperation with them is becoming deeper and prospective.

11. The Public Defender as occupying more and active place in our society. His proposals and recommendations are acquiring significance and the institution itself is being established as considerable force. In May 1999 with the active mediation of Public Defender of Georgia the former Minister of Defense, General Tengiz Kitovani was released from prison, he was charged on establishing illegal armed formation and was sentenced to 8 years. After 4 years of imprisonment he was released considering his health's deterioration. In 1997 citizen Ratiani was imprisoned. In accordance with the court verdict of 1997, he was charged for participation in terrorist act and Coup de tat and was imprisoned for 7 years. Mr Ratiani sent a letter to Public Defender's office claiming to review the legality of the verdict. After the review of the case, the Public Defender decided to mediate to the court regarding it. As a result of the review of the case Mr. Ratiani was released.

12. Georgia's Public Defender is actively expanding its international contacts. Public Defender made his first international contact with Europian Council in December 1997. He particularly visited Human Rights Board of Europian Council. After the visit, Public defender's Office with support of European Council organized the seminar on "Ombudsman Institute". Experts from European Council as well as Ombudsmen from other countries participated in it. Public Defender participated in 6th Round Table of Malta in October 1998 and in the conference organized by European Council in Strasbourg. European Council financed the visits. Public Defender cooperates with Sweden Raul Wallenberg Institute and Sweden International Agency. Due to the support of the above organizations Public Defender's Office had held two seminars for law enforcement officials. The UNDP has initiated a significant project, the purpose of which is to strengthen Public Defender's Office. Within the framework of the project we cooperate with Dutch Human Rights Center, which will provide our office with technical equipment and assist to create the library with literature about human rights.

13. Georgia's Public Defender is a frequent guest on TV and radio. Thus expressing his ideas concerning human rights publicly, he performs functions of "enlighter" and "protector" simultaneously. In addition he has his own printing body, quarterly issuing the magazine- "Komagi".