On behalf of IOI community, IOI President Peter Tyndall and IOI Secretary General Kräuterissued a statement of solidarity with the Office of the Public Defender of Georgia.

In this statement the IOI expresses its concern about negative statements and damaging remarks made by high-ranking officials against the Public Defender and in reaction to the Office’s investigative work and published reports. President Tyndall and Secretary General Kräuter further stress that: “Ombudsman institutions are a core element of every democracy and form an integral part of constitutional reality. In a state ruled by law it is in the best public interest to fully respect and support the independent investigative mandate of the Ombudsman.”

The IOI therefore strongly encourages the acknowledgement of the mandate of the Public Defender of Georgia and a reasoned and professional response to the Ombudsman’s work.

Vienna, 5 December 2017

IOI CALLS UPON GEORGIAN AUTHORITIES TO REFRAIN FROM ATTACKS ON THE PUBLIC DEFENDER

The International Ombudsman Institute (IOI) has become aware of the difficulties faced byone of its members, the Office of the Public Defender of Georgia and its current incumbent,Ombudsman Ucha Nanuashvili.

As the only global organization for the cooperation of 188 independent Ombudsmaninstitutions worldwide, the IOI is committed to promoting and strengthening the conceptof ombudsmanship and to further the cooperation and networking of colleagues around theworld.

An Ombudsman offers independent and objective consideration of complaints, aimed at correcting injustices caused as a result of maladministration or violations of human rights. Afurther important objective of the Ombudsman is to improve services provided to thepublic by ensuring that systemic failings are identified and corrected. The IOI supportsOmbudsman institutions in their effort to provide such redress in an independent, fair and objective way.

It is therefore with great concern that the IOI has learned that negative statements anddamaging remarks have been made by Ministers, the Speaker of Parliament – even thejudiciary – against the Public Defender and in reaction to the Office’s investigative workand published reports.

It is inevitable that in the course of the work of any Ombudsman, reports will be producedthat are critical of the actions of Government bodies. However, the linkage between the Ombudsman and Parliament is critical. It enables the Ombudsman to assist Parliament in holding public administration to account and protecting the rights of citizens. It is thereforein line with best international practice, that the Office of the Public Defender of Georgiainforms the public and concerned authorities about the results of investigations by publishing such reports. In a democracy, there is an expectation that such reports will be properlyconsidered and acted upon.

In order for Ombudsman institutions to successfully support Parliament in identifyingand correcting systemic failings, they need to be heard. Damaging and dismissive remarksmade by high-ranking officials have the potential to seriously undermine the Ombudsman’swork. In the current case of our colleague Ombudsman Ucha Nanuashvili we must say thatsuch development is being perceived internationally as evidence of a lack of respect for theOmbudsman institution and the rights of Georgian citizens using its services. This is allthe more important considering the fact that elections of the next Georgian PublicDefender are forthcoming.

The members of the IOI adopted the Bangkok Declaration in November 2016, confirmingtheir mutual understanding that Ombudsman shall not be subject to any form ofintimidation or threats that would limit their independence and undermine their ability toprotect the fundamental rights of all persons. In line with this declaration the IOI expressesits deep concern over these recent developments and strongly condemns any personalattacks on Ombudsman Nanuashvili and the institution of the Public Defender as such.

Ombudsman institutions are a core element of every democracy and form an integral partof constitutional reality. In a state ruled by law it is in the best public interest to fullyrespect and support the independent investigative mandate of the Ombudsman. The IOItherefore strongly encourages the acknowledgement of the mandate of the Public Defenderof Georgia and a reasoned and professional response to the Ombudsman’s work.

Peter Tyndall, IOI President

Günther Kräuter, IOI Secretary General