Tbilisi City Court Considers Public Defender’s Amicus Curiae Brief
On November 10, 2017, Tbilisi City Court acquitted G.O., who had been charged with making false allegation and false testimony. According to the verdict, the Court fully shared the opinion of the Public Defender that it is inadmissible to prosecute a prisoner for providing information (even false) to the Public Defender.
The Public Defender indicated in the amicus curiae brief that the practice of additional prosecution of a person for providing information (even false) to the Public Defender contradicts the obligations undertaken by the state with regard to prohibition of torture. The launch of criminal prosecution against a prisoner if no crime is proved would have “chilling effect” and would significantly reduce the prisoners' confidence in the state agencies.
According to the verdict of 10 November 2017, the Court took the special and vulnerable condition of the inmates of the penitentiary establishments into account and pointed out that "the persistent desire to punish [them] should not result in the formation of ugly practice" that would hinder the protection of the rights and legal interests of the persons of this category.
The Public Defender welcomes the Court’s decision and expresses hope that it will promote public trust in the judicial system.