Complaint to the Public Defender about actions of the state: what to do under Georgian law

What to do

1. Applicability: complaints from any persons and organisations about actions and acts of state bodies, municipalities, public institutions and officials (Organic Law of Georgia on the Public Defender, Art. 13), including decisions of a public institution and violations of the rights of detained, arrested or otherwise deprived of liberty persons (Public Defender Law, Art. 14). The complaint is free of charge, no fee applies (Art. 16). A repeat complaint about a matter already decided, without new circumstances, may be left unexamined (Art. 14).
2. Persons deprived of liberty: the Public Defender meets detained and imprisoned persons without witnesses (Public Defender Law, Art. 19); the meeting is confidential, and wiretapping and surveillance are prohibited (Art. 19). Letters from prisoners to the Public Defender are confidential: opening and censoring them is prohibited (Art. 15). During an inquiry the Public Defender has unimpeded access to any body, including places of deprivation of liberty (Art. 18).
3. Course of the inquiry: the Public Defender decides for itself whether to start an inquiry and informs the applicant of the decision and its results (Art. 17). Documents and information requested by the Public Defender must be provided immediately or no later than 10 days (Art. 18).
4. What it can do: the outcome may be proposals and recommendations to the body on restoring rights (Art. 21). The body must consider the recommendation and reply in writing within 20 days (Art. 24). If there are signs of a crime, the Public Defender may propose that investigative bodies start an investigation (Art. 21), and may propose disciplinary or administrative liability of those responsible (Art. 21).
5. What it cannot do: it cannot annul an act or recover money. The Public Defender studies court cases only after the court decision has entered into force (Art. 18). Therefore do not postpone the deadlines for appealing to the body or court, or an application to the prosecutor’s office. A complaint to the Public Defender does not prevent an application to international bodies (Art. 14).
6. Where to apply: Public Defender (Office, regional offices); in parallel, the superior body or court, and the prosecutor’s office.
7. Evidence: who, when, where, and which body; copies of acts and replies; medical certificate, photos of injuries; contacts of witnesses.
8. Pitfalls: waiting for the outcome of the inquiry and missing the deadline for appealing the act in court; expecting the Public Defender to annul the decision or award compensation.

Be sure to check

• what and who may be complained about (actions of state bodies and officials; rights of detained persons); free of charge
• visit to a detained or imprisoned person: meeting without witnesses; letters from places of detention are not opened
• outcome: a recommendation (the body must reply within 20 days), a proposal of investigation or disciplinary liability
• the Public Defender does not annul decisions or recover money — in parallel, observe the deadlines for appeal to court or the body