Georgia: Law of 1996 on Public Defensor

Chapter I - General Provisions

Article 1

The Law on Public Defensor of Georgia determines the terms of reference of the Public Defensor, the basic principles and forms of his activity.

Article 2

In his activity the Public Defensor of Georgia follows the Constitution of Georgia and the present law as well as the universally recognised principles and norms of international law, international treaties and covenants concluded and signed by Georgia.

Article 3

1.         The Public Defensor of Georgia supervises the protection of human rights and freedoms on the territory of Georgia, elicits the facts of violation of human rights and freedoms and assists in rehabilitation of those rights.

2.         Within the limits fixed by the Constitution of Georgia, the present Law and other legislative acts, the Public Defensor of Georgia supervises the activities of state bodies, local administrations, officials and legal entities, evaluates the decisions passed by those bodies and persons, gives recommendations and proposals for protection of human rights and freedoms and exercise of those rights and freedoms by state powers.

3.         The Public Defensor of Georgia carries out the educational activity in the sphere of protection of human rights and freedoms.

Article 4

While exercising his powers the Public Defensor of Georgia enjoys independence and is subject to the Constitution and the law only. Any influence over the Public Defensor of Georgia or interference in his activity is prohibited and will be punished by the law.

Article 5

1.         Guaranteeing the independence of the Public Defensor of Georgia the state is to create the proper conditions for his activity and life.

2.         The Public Defensor of Georgia is inviolable. No criminal proceedings can be instituted against him, he cannot be arrested or imprisoned, his apartment, motorcar, work place as well as he himself cannot be searched without consent of the Parliament of Georgia. The case of catching in the act is exceptional and shall be immediately reported to the Parliament of Georgia. If the Parliament does not give its consent the arrested or imprisoned Public Defensor of Georgia shall be discharged without delay. The Parliament of Georgia shall make decision on this question not later 14 days following the appeal of the procurator General of Georgia.

3.         In case of consent to institute the criminal proceedings against the public Defensor of Georgia the teens of reference of the Public defensor shall be halted till the final verdict of the court. If the verdict of "not guilty" is passed or the case is closed on the exonerating grounds the terms of reference of the Public Defensor of Georgia shall be rehabilitated.

4.         The Public Defensor of Georgia has a right not to testify of the fact he has been commissioned with as the Public Defensor, this right is to be preserved in result of termination of his powers as well. The written materials destined for the Public Defensor of Georgia cannot be banned.

5.         The criminal proceedings against the public Defensor of Georgia shall not be instituted on the grounds of his opinions and views expressed within his terms of reference.

6.         The conditions of unimpeded execution of terms of reference of the Public Defensor of Georgia are guaranteed. The relevant state bodies shall safeguard the security of the Public Defensor of Georgia and his family in case of the application of the Public Defensor.

7.         Putting obstacles in activity of the Public Defensor of Georgia is to be punished by the law.

Chapter 2 - Election of the Public Defensor of Georgia and Termination of His Terms of Reference

Article 6

1.         Any citizen of Georgia may be elected the Public Defensor of Georgia.

2.         The Public Defensor of Georgia is elected for a term of 5 years by the majority of total members of the Parliament of Georgia. The right to nominate the Public Defensor is granted to the President of Georgia, parliamentary faction, or at least 10-men group of the MPs who are not members of any faction.

3.         Before the voting the Chairman of Parliament shall familiarise the Parliament of Georgia with the list of nominees and their written consents on voting to the post of the Public Defensor. Each nominee is voted separately by secret ballot.

4.         The nominee is considered elected by voting who will get more votes but not less than the majority of votes of the total members of the Parliament of Georgia. If more than one nominee gets votes sufficient to be elected but is not elected for equity of votes, those nominees are to be voted together and the one who will get more votes but not less that the majority of votes of total members of the Parliament of Georgia, is considered to be elected. In case of equity of votes the procedure of voting is prolonged till any nominee is elected.

5.         If no nominee gets votes sufficient to be elected the new election shall be held not earlier 7 and not later 14 days following the first voting. Nominations and elections during the voting are held according to the order established by Points 2,3 and 4 of this Article.

6.         One and the same person may be nominated twice only within one cycle of election.

Article 7

1.         The terms of reference of the new-elected Public Defensor of Georgia starts from the next day of expiration of the terms of reference of the last Public Defensor if he has been elected before the expiration of his term, and from the next day of election if he has been elected after the expiration of this term or if the terms of reference of the previous Public Defensor has been halted pre-term.

2.         The terms of reference of the Public Defensor of Georgia is terminated on expiration of 5 years following his election or on pre-term breaking of his terms of reference.

3.         One and the same person may be elected as the Public Defensor of Georgia for two terms running only.

Article 8

1.         The post of Public Defensor is incompatible with the membership in any representative body of the state power or local administration, with any position of state job and paid activity other than scientific, pedagogical and creative work. The Public Defensor of Georgia cannot be a member of any political party or take part in any political activity.

2.         Within the first month following the moment of his election to the post, the Public Defensor of Georgia shall terminate any activity incompatible with his statute. If the Public Defensor of Georgia does not execute the given requirements within the fixed term, his terms of reference are to be terminated and the Parliament elects the new Public Defensor of Georgia.

Article 9

1.         The Parliament of Georgia shall elect the Public Defensor of Georgia not earlier 60 days before expiration of terms of reference and not later 30 days following the expiration of terms of reference.

2.         In case of pre-term breaking of powers of the Public Defensor of Georgia and before the election of a new Public Defensor of Georgia by the Parliament of Georgia, the Deputy Public Defensor shall act for him. In such case the Deputy Public defensor of Georgia enjoys the rights, legal guarantees and inviolability granted to the Public Defensor of Georgia.

Article 10

1.         The Public Defensor of Georgia shall be removed from his office, if:

a)He losses his citizenship;

b)He is not able to perform his duties for four months running;

c)The verdict of "guilty" against him passed by a court enters into force;

d)He is recognised incapable, missing or deceased by the court;

e)He holds or held the position or carries (carried) out the activity incompatible with the status of the Public Defensor of Georgia;

f)He retires.

g)He dies.

2.         In cases stipulated by Point 1 of this Article the terms of reference of the Public Defensor of Georgia are considered to be terminated from the moment of revealing of any of the said facts which is to be reported to the Parliament of Georgia.

3.         In cases stipulated by the sub-points b) and e) of Point 1 of this Article the terms of reference of the Public Defensor of Georgia will be terminated by the resolution of the Parliament of Georgia which shall be passed by the majority of votes of total members of the Parliament of Georgia.

Article 11

Announcement of martial law or state of emergency does not terminate the activity of the Public Defensor of Georgia and doesn't restrict his powers.

Chapter 3 - Powers of the Public Defensor of Georgia

Article 12

The Public Defensor of Georgia independently inspects the state of protection of human rights and freedoms, the facts of their violation as on the basis of complaints and appeals received as on his own initiative in case he is informed of those infringements.

Article 13

The Public Defensor of Georgia considers the complaints and appeals of citizens of Georgia and those of aliens and stateless persons, non-governmental organizations which regard the violation of human rights and freedoms provided by the Constitution and legislation of Georgia as well as of those provided by international treaties and covenants concluded with participation of Georgia, caused by actions or deeds of state bodies, local administrations, institutions, enterprises, officials and legal entities.

Article 14

1.         The Public Defensor of Georgia shall examine an appeal or complaint in that case only if the person lodging the complaint calls in question the decision of a higher body, administration or court entered in force and when the appeal or complaint regards the violation of human rights and freedoms within the consideration of a case (item).

2.         The Public Defensor of Georgia has a right not to examine an appeal or complaint on the case which he has decided on before if any new circumstances have not arisen out of this case.

3.         The examination of an appeal or complaint by the Public Defensor of Georgia cannot prevent from the consideration of analogous appeal or complaint in the relevant international organization.

Article 15

Complaints, appeals and messages lodged with the Public Defensor of Georgia by persons being arrested or imprisoned are confidential and shall not be unsealed or subject to censorship; they shall be delivered to the Public Defensor of Georgia without any delay.

Article 16

1.         The complaint and appeal are exempted from state taxes.

2.         The assistance of the Public Defensor of Georgia rendered to persons concerned is free of charge.

Article 17

1.         After receiving a complaint or appeal the Public Defensor of Georgia decides independently to start examination.

2.         The claimant and the state body or an official or legal entity about whose action or deed the complaint has been lodged, shall be informed on the decision by the Public Defensor of Georgia.

3.         The Public Defensor of Georgia shall inform the claimant on the results of examination of the complaint as established by the law.

Article 18

While carrying out examination, the Public Defensor of Georgia enjoys the following rights:

a)To have unimpeded access to any state body or local administration, enterprise, organisation and institution, including military units and places of imprisonment before trial and other places of confinement;

b)To demand and receive from state bodies and local administrations, governmental and non-governmental enterprises and organisations and institutions as well as from officials and legal entities any information, document or other material required for examination.

c)To get explanation concerning the issue from any official.

d)To carry out expert examinations and to make finding by means of competent state and/or non-state organisations; to invite experts for execution of examination and consulting works.

e)To have access to criminal, civil and administrative cases the decisions on which have entered into force.

Article 19

The Public Defensor of Georgia inspects the state of protection of human rights and freedoms in places of imprisonment, imprisonment before trial and other penitentiary institutions. He meets and talks personally with detained ones and those being in pretrial custody and the convicted, checks documents confirming the legality of holding those persons in the said institutions.

Article 20

1.         Information containing state, commercial or other secret which is protected by the law, shall be submitted to the Public Defensor of Georgia as provided by the legislation of Georgia.

2.         The Public Defensor of Georgia shall not disclose the secret and information recognised as confidential one.

Article 21

Following the results of the examination the Public Defensor of Georgia is authorised:

a)to submit proposals concerning the improvement of legislation to the Parliament in order to secure human rights and freedoms;

b)to send recommendations on restoration of human rights and freedoms to those state body, official or legal entity whose activities have caused the violation of human rights;

c)in case of revealing any indication of a crime, to forward all materials on this case which are at his possession, to the competent authorities with the recommendations to institute criminal proceedings;

d)to enter suggestions to the competent bodies on bringing disciplinary or administrative proceedings against persons whose actions caused violation the human rights;

e)to address the recommendations to relevant judicial bodies to reconsider the court decisions which have entered into force, if he considers that violation of human rights occurring during the legal proceedings could have substantial impact on the final verdict of the court;

f)to inform the mass media about results of examination of the facts of violation of human rights and freedoms;

g)to publish his decisions on the results of examination in special reports and annual records;

h)to appeal to the President of Georgia in writing or to state at the Parliamentary session on the gross or/and mass violation of human rights and freedoms if the means of response he has at his disposal are not sufficient;

i)to appeal to the Constitutional Court of Georgia if in spite of the electorate's requirement there is not appointed a referendum; if he considers that the carrying out of the referendum contradicts the requirements of Point 2 of Article 74 of the Constitution of Georgia, or if any normative act or any of its provision violates the human rights and freedoms recognised by the Chapter II of the Constitution of Georgia;

j)in extraordinary cases to appeal to the Parliament with request of creation of an interim parliamentary committee to investigate the fact of violation of human rights and freedoms and consideration of this issue by the Parliament of Georgia.

Article 22

1.         Not later three months following the end of a current year the Public Defensor of Georgia shall submit to the Parliament of Georgia the report concerning the state of protection of human rights and freedoms in Georgia.

2.         The annual report of the Public Defensor of Georgia shall list those state bodies and local administration, those officials and legal entities which systematically violate human rights and freedoms and don't take into consideration the recommendations of the Public Defensor of Georgia concerning measures for rehabilitation of those rights and freedoms.

3.         The annual report shall also provide general evaluations, conclusions and recommendations concerning the promotion and protection of human rights and freedoms in Georgia.

4.         The Public Defensor of Georgia shall submit the special report on situation with protection of human rights and freedoms in Georgia.

5.         The annual report of the Public Defensor of Georgia is published in the official organ of the Parliament of Georgia. The special report may be published after the decision of the Public Defensor of Georgia.

Chapter 4 - Legal Guarantees of Powers of the Public Defensor of Georgia

Article 23

1.         Any state body or local administration, any official or legal entity is obliged to assist the Public Defensor of Georgia by all possible means, to submit to him without delay the materials, documents and other information as may be required to him while exercising his duties.

2.         The state body, official or legal entity which action or deed is examined or appealed against shall at demand of the Public Defensor of Georgia or within the process of examination to submit to the Public Defensor of Georgia the explanatory note concerning the issue.

3.         Materials, documents, other information and explanatory note should be submitted to the Public Defensor of Georgia within 15 days following the receipt of the demand. In case of emergency this term may be prolonged by consent of the Public Defensor of Georgia.

4.         Relevant materials should be shown to the claimant.

Article 24

The state body, official or legal entity which receives recommendations or suggestions from the Public Defensor of Georgia is to consider them within a month and to inform in writing the Public Defensor of Georgia about the results of the consideration.

Article 25

1.         Non-execution of duties provided by the present Law as well as creation of any obstacles for the activity of the Public Defensor of Georgia is punished by the law and shall be reflected in the annual report of the Public Defensor of Georgia for further special hearing of the parliament of Georgia.

2.         Estimate costs related to organization and activity of the Public Defensor of Georgia and his staff are stipulated by separate article of the State Budget of Georgia. The Public Defensor of Georgia shall submit the draft of estimate costs related to his activity as provided by the law.

Chapter 5 - Staff and Structure of Office of the Public Defensor of Georgia

Article 26

1.         For providing the activity of the Public Defensor of Georgia there is created the Offce of the Public Defensor of Georgia. The structure, work and organization of the Office are determined by the Public Defensor of Georgia in the Statute of Office.

2.         The Office of Public Defensor of Georgia is headed by the Deputy Public Defensor of Georgia, who is to be appointed and released by the Public Defensor of Georgia.

3.         Requirements concerning incompatible posts and activity as regards the Public Defensor of Georgia fixed by this Law are spread on the Deputy Public Defensor of Georgia as well.

Article 27

1.         The Deputy Public Defensor and staff of the Office exercise terms or part of them as defined by Articles 18 and 19 of the present Law through special powers invested by the Public Defensor of Georgia.

2.         A person invested in special powers when exercising the terms specified in Point 1 of this Article has a right to testify on the fact his has been entrusted in only with consent of the Public Defensor of Georgia. This right is preserved for the said person after termination of his powers. The seizure of written materials related to this issue may be made only with consent of the Public Defensor of Georgia.