Public Defender’s Proposal on Launch of Disciplinary Proceedings

On November 13, 2017, the Public Defender of Georgia sent a proposal to the High Council of Justice of Georgia on the improper performance of the judge's duties by a Tbilisi City Court judge.

The applicant pointed in the application submitted to the Public Defender that the Court had considered a motion concerning the immediate execution of a judgment against him/her without oral hearing and granted it on the basis of Article 268 (1) (g) of the Civil Procedure Code of Georgia.

The Public Defender's Office established that at the time of making the disputed decision (9 August 2017), the normative content of the relevant norm, which allows consideration and approval of immediate execution of the court judgment without any oral hearing on the ground envisaged in Article 268 (1) (g) of the Civil Procedure Code of Georgia, had already been declared unconstitutional by the Constitutional Court’s decision of 30 September 2016. Consequently, the judge made a decision based on the invalid norm.

According to the Public Defender, consideration of a case in oral hearing is related to the right to a fair trial enshrined in the Constitution of Georgia and international agreements, which, in turn, is considered as a measurement of the principle of a legal state. Besides, consideration of a case without oral hearing in the similar case, violates the right of the defense as well, since he/she has not opportunity to adduce evidence, express/defend his/her own position personally or through a defender.

The Public Defender emphasized that there was no incorrect definition of the law, since the relevant decision of the Constitutional Court creates an imperative requirement for the judges to consider cases only in oral hearings.

Based on the above, the Public Defender of Georgia called on the High Council of Justice of Georgia to initiate disciplinary proceedings against the judge of the Tbilisi City Court and respond to the case within the law as a result of thoroughly examining the case circumstances.

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