Court Holds that Director of Penitentiary Establishment No. 8 Violated Law due to Non-fulfillment of Public Defender’s Lawful Request
On July 14, 2017, Tbilisi City Court found that Nodar Kinkladze, Director of the penitentiary establishment No 8 of the Ministry of Corrections of Georgia, violated law. As a result, Nodar Kinkladze was fined GEL 800.
On April 4, 2017, representatives of the Public Defender of Georgia arrived at the penitentiary establishment No 8 to visit convict J.S. As it turned out, the convict had been transferred to L. Samkharauli National Forensics Bureau. The representatives of the Public Defender requested the documents necessary for the continuation of proceedings from the penitentiary establishment. However, despite the requirements of the law, the information requested by the representatives of the Public Defender of Georgia was not immediately provided to them.
Pursuant to paragraph 1 of Article 23 of the Organic Law of Georgia on the Public Defender of Georgia, “All state and local self-government authorities, officials or legal persons shall be obligated to assist the Public Defender of Georgia in every way, immediately submit materials, documents and other information necessary for the Public Defender of Georgia to exercise his/her powers."
On the same day, the Public Defender's Office sent a letter to the Director of the penitentiary institution No 8 and requested information about the use of security measures towards convict J.S. on 4 April 2017, in order to examine the lawfulness of the application of the measures, though the Public Defender's Office has not received any reply to that letter either.
According to paragraph 3 of Article 23 of the Organic Law of Georgia on the Public Defender of Georgia, "Materials, documents, other information and explanations shall be given to the Public Defender of Georgia, upon request, unless request for the materials, documents and other information is received in writing. In this case, documents and other information shall be delivered to the Public Defender of Georgia within 10 days. "