О Народном Защитнике Грузии

ORGANIC LAW OF GEORGIA

ON THE PUBLIC DEFENDER OF GEORGIA

Organic Law of Georgia No 2146^a of 23 June 1999 - LHG I, No 27(34), 6.7.1999, Art., 142

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art., 278

Chapter 1 - General Provisions

Article 1

This Law determines the powers, basic principles and forms of activity of the Public Defender of Georgia.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art., 278

Article 2

The Public Defender of Georgia shall monitor the protection of human rights in the territory of Georgia and under its jurisdiction.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 3371 of 5 September 2018, website 21.9.2018

Article 3

1. In order to provide state guarantees for protecting human rights and freedoms, the Public Defender of Georgia shall monitor to determine that state and municipality bodies, public institutions and officials protect and respect the rights and freedoms recognised by the State for every person in the territory of Georgia and under its jurisdiction, irrespective of race, skin colour, sex, language, religion, political or other opinions, national, ethnic and social affiliation, origin, property and social status, place of residence or other circumstances.

1¹. In order to eliminate all forms of discrimination and ensure equality, the Public Defender of Georgia shall monitor activities of administrative, state and municipality bodies, public institutions and officials, also, physical and legal persons, detect facts of direct and indirect discrimination and take measures to eliminate the consequences of discrimination, according to this Law and the Law of Georgia on Elimination of all Forms of Discrimination.

1². The Public Defender of Georgia, in order to facilitate the exercise of the rights of persons with disabilities, shall supervise the activities of administrative, state authorities and local self-government bodies, public institutions and officials, as well as natural and legal persons, and ensure the monitoring of the fulfilment of their obligations under the Law of Georgia on the Rights of Persons with Disabilities, and the response thereto under procedures provided for by the legislation of Georgia.

2. The Public Defender of Georgia shall detect violations of human rights and freedoms and promote restoration of violated human rights and freedoms.

3. The Public Defender of Georgia shall carry out educational activities with regard to human rights and freedoms.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 2395 of 2 May 2014 - website, 7.5.2014

Organic Law of Georgia No 6849 of 14 July 2020 - website, 28.7.2020

Organic Law of Georgia No 6862 of 15 July 2020 - website, 28.7.2020

Article 3¹

1. The Public Defender of Georgia shall carry out the functions of the National Preventive Mechanism stipulated under the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

2. The Public Defender of Georgia shall be provided with material, technical and financial resources necessary to implement the functions under the first paragraph of this article.

3. In view of the objectives of the National Preventive Mechanism, the Public Defender of Georgia shall cooperate with relevant bodies and mechanisms of the United Nations Organisation and with international, regional and national institutions or organisations that are engaged in protecting persons from torture and other cruel, inhuman or degrading treatment in places of detention, preliminary imprisonment and other places of confinement.

4. The Public Defender of Georgia, within the scope of his/her authority, shall ensure effective protection of persons from discrimination under international agreements recognised as binding by Georgia and recommendations of the United Nations Organisation and monitoring bodies of the Council of Europe.

5. The Public Defender of Georgia shall cooperate with state institutions of Georgia, international organisations, civil organisations and representatives of academic field with regard to discrimination issues.

Organic Law of Georgia No 1462 of 16 July 2009 - LHG I, No 20, 28.7.2009, Art. 90

Organic Law of Georgia No 2711 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 42

Organic Law of Georgia No 2395 of 2 May 2014 - website, 7.5.2014

Organic Law of Georgia No 425 of 2 April 2025 - website, 3.4.2025

Article 3²

1. The Public Defender of Georgia shall supervise the protection of the child's rights and the implementation of child support programs in accordance with the procedures established by the Code on the Rights of the Child.

2. In the case of the violation of the procedures for the protection of the child's rights and the implementation of child support programs, the Public Defender of Georgia shall take appropriate measures in accordance with the procedures provided for by this Law, the Code on the Rights of the Child and other legislative and subordinate legal acts of Georgia.

Organic Law of Georgia No 5005 of 20 September 2019 - website, 27.9.2019

Organic Law of Georgia No 5905 of 21 May 2020 - website, 25.5.2020

Article 4

1. The Public Defender of Georgia shall act independently and carry out his/her activities according to the Constitution of Georgia, treaties and international agreements of Georgia, universally recognised principles and norms of international law, this Law and other legislative acts.

2. Any influence on or interference in the activity of the Public Defender of Georgia shall be prohibited and shall be punishable by law.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Article 5

1. In order to ensure independence of the Public Defender of Georgia, the State shall provide him/her with appropriate living and working conditions.

2. The Public Defender of Georgia shall enjoy personal immunity. He/she may not detained or arrested; he/she or his/her apartment, car, workplace may not be searched without the consent of the Parliament of Georgia. His/her catching at the scene of crime shall be an exception, in which case the Parliament of Georgia shall immediately be notified. If the Parliament of Georgia does not give its consent, the Public Defender of Georgia shall be released immediately. The Parliament of Georgia shall make a decision on this issue not later than 14 days after application of the General Prosecutor of Georgia.

3. If there is consent to detain or arrest the Public Defender of Georgia, his/her powers shall be suspended until the final court decision is issued. The powers of the Public Defender of Georgia shall be restored if he/she is found not guilty or if the proceedings are terminated on exonerative grounds.

4. The Public Defender of Georgia shall have the right not to testify on information that has been confided to him/her as the Public Defender of Georgia. He/she shall retain this right after termination of his/her power. Written materials intended for the Public Defender of Georgia may not be seized.

5. The Public Defender of Georgia may not be prosecuted for opinions and views expressed in the exercise of his/her duties.

6. The Public Defender of Georgia shall be provided with conditions necessary to exercise his/her powers without impediment. Based on the statement of the Public Defender of Georgia, the relevant state bodies shall provide his/her and his/her family's security.

7. Impediment of the activity of the Public Defender of Georgia shall be punishable by law.

Organic Law of Georgia No 472 of 1 November 2008 - LHG I, No 30, 7.11.2008, Art. 181

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 669 of 30 May 2013 - website, 24.6.2013

Organic Law of Georgia No 3371 of 5 September 2018, website 21.9.2018

Chapter 2 - Election and Termination of Powers of the Public Defender of Georgia

Article 6

1. A person to be elected as the Public Defender of Georgia shall be a citizen of Georgia.

2. The Public Defender of Georgia shall be elected by the Parliament of Georgia for six years, in accordance with the procedures determined by the Rules of Procedure of the Parliament of Georgia.

3. (Deleted – 6.12.2018, No 3905).

4. (Deleted – 6.12.2018, No 3905).

5. (Deleted – 6.12.2018, No 3905).

6. (Deleted – 6.12.2018, No 3905).

Organic Law of Georgia No 1460 of 16 July 2009 - LHG I, No 20, 28.7.2009, Art. 92

Organic Law of Georgia No 1082 of 18 September 2013 - website, 23.9.2013

Organic Law of Georgia No 3371 of 5 September 2018, website 21.9.2018

Organic Law of Georgia No 3905 of 6 December 2018, website 14.12.2018

Article 7

1. The term of office of the newly elected Public Defender of Georgia shall commence from the day following the expiration of the term of office of the current Public Defender of Georgia, if he/she is elected before expiration of this term, or from the day following the election if he/she is elected after this term expires, or if the powers of the previous Public Defender have been terminated prematurely.

2. The powers of the Public Defender of Georgia shall be terminated after six years from his/her election or upon early termination of his/her powers.

3. The same person may not be elected as the Public Defender of Georgia for two consecutive terms.

Organic Law of Georgia No 3371 of 5 September 2018, website 21.9.2018

Article 8

1. The position of the Public Defender of Georgia shall be incompatible with the membership of representative bodies of the State, Autonomous Republics of Abkhazia and Ajara, and the municipality, any position in state service and paid activities, except for scientific, educational or artistic activities. The Public Defender of Georgia may not be a member of a political party or participate in political activity, except when the position of the Public Defender of Georgia obligates him/her to at the same time hold another office under the law or other normative acts.

2. The Public Defender of Georgia shall be obligated to terminate any occupation that is incompatible with his/her office within one month after the election. If the Public Defender of Georgia fails to meet these requirements in the specified period of time, his/her powers shall be terminated and the Parliament of Georgia shall elect a new Public Defender of Georgia.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 4391 of 27 October 2015 – website, 11.11.2015

Organic Law of Georgia No 171 of 21 December 2016 – website, 28.12.2016

Article 9

1. The Parliament of Georgia shall elect the Public Defender of Georgia not earlier than 60 days before and not later than 30 days after the powers of the current Public Defender expire.

2. If the powers of the Public Defender of Georgia are terminated prematurely, the Parliament of Georgia shall elect a new Public Defender of Georgia not later than 30 days after the powers of the current Public Defender of Georgia are terminated.

3. The First Deputy Public Defender of Georgia shall perform duties of the Public Defender of Georgia until a new Public Defender is elected. In this case, he/she shall enjoy the rights, legal guarantees and immunity granted to the Public Defender of Georgia.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 3016 of 26 December 2014 – website, 30.12.2014

Article 10

1. The powers of the Public Defender of Georgia shall be terminated prematurely if:

a) he/she loses Georgian citizenship;

b) he/she fails to perform his/her duties for four consecutive months;

c) a judgment of guilty has come into force against him/her;

d) a court declares him/her as missing or dead, or recognises him/her as a beneficiary of support, unless otherwise determined under court decision;

e) he/she took or holds a position, or carries out activities incompatible with the status of the Public Defender of Georgia;

f) he/she has resigned voluntarily;

g) he/she dies.

2. In the cases provided for in the first paragraph of this article, the powers of the Public Defender of Georgia shall be deemed terminated from the moment when the occurrence of the above circumstances is determined, in which case the Parliament of Georgia shall be notified immediately.

3. In the cases provided for in paragraph 1(b) and (e) of this article, the powers of the Public Defender of Georgia shall be terminated by the decision of the Parliament of Georgia, which shall be taken in accordance with the Rules of Procedure of the Parliament of Georgia.

Organic Law of Georgia No 3398 of 20 March 2015 - website, 31.3.2015

Organic Law of Georgia No 3371 of 5 September 2018, website 21.9.2018

Organic Law of Georgia No 3905 of 6 December 2018, website 14.12.2018

Article 11

The declaration of a state of emergency or martial law shall not cause termination or restriction of the powers of the Public Defender of Georgia.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Chapter 3 - Rights and Duties of the Public Defender of Georgia

Article 12

The Public Defender of Georgia shall independently examine the situation with regard to the protection of human rights and freedoms, and the facts of their violation, based on both received statements and appeals and on his/her own initiative.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Article 13

The Public Defender of Georgia shall examine statements and appeals of citizens of Georgia, foreign citizens and stateless persons, as well as legal entities under private law, and political and religious associations, regarding actions or acts of state and municipality bodies, public institutions and officials violating the rights and freedoms defined in the Constitution and laws of Georgia, and in treaties and international agreements to which Georgia is a party.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 6862 of 15 July 2020 - website, 28.7.2020

Article 14

1. The Public Defender of Georgia shall examine statements and appeals on violations of human rights and freedoms if the declarant is contesting:

a) a decision of a public institution;

b) infringement or violation of rights and freedoms granted by the legislation of Georgia during court proceedings;

c) violation of rights provided for by the legislation of Georgia for detained and arrested persons or persons whose liberty is otherwise restricted;

d) conformity of normative acts with the Second Chapter of the Constitution of Georgia;

e) constitutionality of norms regulating referendum and elections and of elections (referendums) held or to be held according to those norms.

2. The Public Defender of Georgia shall be entitled not to examine such statements and appeals on which he/she has already made a decision, unless new circumstances arise.

3. An examination conducted by the Public Defender of Georgia may not impede the examination of similar statements or appeals by relevant international organisations.

Article 14¹

1. The Public Defender of Georgia shall monitor issues related to elimination of all forms of discrimination and ensuring equality.

2. In order to perform his/her functions, the Public Defender of Georgia shall:

a) examine statements and appeals of physical or legal persons or groups of persons who consider themselves to be victims of discrimination;

b) study facts of direct and indirect discrimination based on statements or appeals or on his/her own initiative, and produce appropriate recommendations;

c) prepare and submit to relevant institutions or persons, general proposals on preventing or combating discrimination;

d) for the purpose of this Law, develop opinions on necessary legislative changes and submit them to the Parliament of Georgia in the form of a legislative proposal;

e) record and analyse statistical data on facts of discrimination;

f) invite victims of discrimination and alleged discriminators and attempt to settle a case by mutual agreement of the parties;

g) submit recommendations to relevant institutions or persons to restore the rights of victims of discrimination, if it is impossible to settle the case by mutual agreement and there is sufficient evidence of discrimination;

h) be authorised to apply to the court as an interested person, according to the Administrative Procedure Code of Georgia and request issuance of an administrative legal act or taking measures if the administrative body does not respond to or adopt his/her recommendation and there is sufficient evidence of discrimination;

h¹) be authorised to appeal to the court as a plaintiff in accordance with the Civil Procedure Code of Georgia, if a legal person, other organisational entity, a union of entities without legal personality, or an entrepreneur does not respond to its recommendation or share the recommendation and there is enough evidence confirming discrimination.

i) perform activities intended for raising public awareness of discrimination.

Organic Law of Georgia No 2395 of 2 May 2014 - website, 7.5.2014

Organic Law of Georgia No 4550 of 3 May 2019 - website, 10.5.2019

Article 14²

1. The Public Defender of Georgia is obliged to reveal a violation on his / her own initiative or on the basis of an application of another person in the cases specified by the Code on the Rights of the Child.

2. In the cases specified by the Code on the Rights of the Child, the Public Defender of Georgia shall issue relevant recommendations in the case of non-compliance of the activities of state authorities, municipal services and legal entity of private law with the legislation of Georgia.

Organic Law of Georgia No 5005 of 20 September 2019 - website, 27.9.2019

Organic Law of Georgia No 5905 of 21 May 2020 - website, 25.5.2020

Organic Law of Georgia No 6863 of 15 July 2020 - website, 28.7.2020

Article 15

Statements, appeals and letters sent to the Public Defender of Georgia by persons placed in penitentiary institutions, or other places of detention and restriction of liberty shall be confidential. They may not be opened and censored; they shall be sent immediately to the Public Defender of Georgia.

Organic Law of Georgia No 2711 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 42

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 3560 of 1 May 2015 – website, 18.5.2015

Article 16

1. No state taxes shall be imposed on statements and appeals.

2. The Public Defender of Georgia shall serve interested persons free of charge.

Article 17

1. The Public Defender of Georgia shall independently decide whether to start an inspection after he/she receives a statement or an appeal.

2. The Public Defender of Georgia shall inform the declarant about the decision in the first paragraph of this article.

3. The Public Defender of Georgia shall be obliged to inform the declarant about the results of the inspection in a prescribed manner.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Article 18

When conducting an inspection, the Public Defender of Georgia may:

a) freely enter any state or municipality body, enterprise, organisation, institution, including, military unit, penitentiary institution and other places of detention and restriction of liberty.

b) request and receive, immediately or not later than 10 days, from state and municipality bodies, public institutions or from officials, and if related to the discrimination case, also from a natural person, legal entity, other organisational entity, a union of entities without legal personality, or an entrepreneur, all certificates, documents and materials necessary for conducting an inspection;

c) request and receive written explanations from any official, officer, or equivalent person, and if related to the discrimination case, also from a natural person, legal entity, other organisational entity, a union of entities without legal personality, or an entrepreneur, on the matters to be examined;

d) conduct expert examinations and/or prepare conclusions by means of state and/or non-state institutions; invite specialists/experts in order to perform expert and/or consultation works;

e) obtain information about criminal, civil and administrative cases, the decisions in which have entered into force.

Law of Georgia No 2711 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 42

Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Law of Georgia No 3560 of 1 May 2015 – website, 18.5.2015

Organic Law of Georgia No 4550 of 3 May 2019 - website, 10.5.2019

Organic Law of Georgia No 6862 of 15 July 2020 - website, 28.7.2020

Article 19

1. The Public Defender of Georgia or a member of the Special Preventive Group shall examine the situation with respect to human rights and freedoms in penitentiary institutions, and other places of detention and restriction of liberty, as well as psychiatric facilities, old people’s homes and children's homes; personally meet and talk with detainees, prisoners and convicted persons; inspect documentation confirming their stay in those facilities.

2. In order to conduct regular inspections of the behaviour of persons in penitentiary institutions, and other places of detention and restriction of liberty, as well as in psychiatric facilities, old people’s and children's homes, also, to protect them from torture and other cruel, inhuman or degrading treatment, the Public Defender of Georgia/a member of the Special Preventive Group shall:

a) meet and talk personally or with assistance of an interpreter, without witnesses, with detainees, prisoners or persons whose liberty is otherwise restricted, convicted persons, persons in psychiatric facilities, old people’s and children's homes, as well as with persons who may provide information about violations of the rights of those persons;

b) inspect documentation confirming the stay of persons in penitentiary institutions, and other places of detention and restriction of liberty, as well as psychiatric facilities, old people’s and children's homes.

3. The meetings of the Public Defender of Georgia/a member of the Special Preventive Group with detainees, prisoners or persons whose liberty is otherwise restricted, convicted persons, persons in psychiatric facilities, old people’s and children's homes shall be confidential. Any kind of eavesdropping and surveillance shall be prohibited.

Organic Law of Georgia No 1462 of 16 July 2009 - LHG I, No 20, 28.7.2009, Art. 90

Organic Law of Georgia No 2711 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 42

Organic Law of Georgia No 5264 of 11 November 2011 - website, 24.11.2011

Law of Georgia No 3560 of 1 May 2015 – website, 18.5.2015

Article 19¹

1. In order to implement the National Preventive Mechanism, the Special Preventive Group shall be set up under the auspices of the Public Defender of Georgia. The group shall regularly monitor the condition and treatment of detainees and prisoners or persons whose liberty is otherwise restricted, convicted persons, as well as persons in psychiatric facilities, old people’s and children's homes in order to protect them from torture and other cruel, inhuman or degrading treatment or punishment.

2. A member of the Special Preventive Group may be a person who has appropriate education, professional experience and has professional and moral qualities to carry out the functions of the National Preventive Mechanism.

3. A member of the Special Preventive Group may not be a member of any political party or participate in political activity.

4. Members of the Special Preventive Group shall act under special authority granted by the Public Defender of Georgia when carrying out function of the National Preventive Mechanism and shall be accountable only to him/her.

5. Members of the Special Preventive Group shall be entitled not to give evidence about information that was disclosed to them in the exercise of the functions under the National Preventive Mechanism. They shall retain this right after termination of their powers as members of the Special Preventive Group.

6. Post and telegraph correspondence, postal parcels belonging to a member of the Special Preventive Group may not be subject to seizure, inspection and confiscation.

Organic Law of Georgia No 1462 of 16 July 2009 - LHG I, No 20, 28.7.2009, Art. 90

Organic Law of Georgia No 5264 of 11 November 2011 - website, 24.11.2011

Article 20

1. State, commercial or other confidential information protected by law shall be delivered to the Public Defender of Georgia in a prescribed manner.

2. The Public Defender of Georgia and members of the Special Preventive Group may not disclose the information recognised as secret and confidential, as well as information about torture and other cruel, inhuman or degrading treatment towards persons without explicit consent of those persons.

Organic Law of Georgia No 1462 of 16 July 2009 - LHG I, No 20, 28.7.2009, Art. 90

Article 20¹

If the examination of a statement/appeal confirms the fact of discrimination, the Public Defender of Georgia shall issue a recommendation based on the circumstances of the case, by which he/she offers the discriminating person, state or municipality bodies, officials, natural persons, legal entities, other organisational entities, a union of entities without legal personality, or an entrepreneur, to take measures to eliminate discrimination and restore the equality violated by the discrimination without impairing legitimate interests of third parties.

Organic Law of Georgia No 2395 of 2 May 2014 - website, 7.5.2014

Organic Law of Georgia No 4550 of 3 May 2019 - website, 10.5.2019

Organic Law of Georgia No 6862 of 15 July 2020 - website, 28.7.2020

Article 21

Based on the results of an inspection, the Public Defender of Georgia may:

a) submit proposals, observations and recommendations related to the legislation of Georgia and draft laws to the Parliament of Georgia or other relevant bodies in order to protect human rights and freedoms, improve conditions and treatment of detainees, prisoners, persons whose liberty is otherwise restricted and of convicts, as well as to prevent torture and other cruel, inhuman or degrading treatment or punishment;

b) in order to restore violated human rights and freedoms, send proposals and recommendations to state and municipality bodies, public institutions or officials, and if related to the discrimination case, also from a natural person, legal entity, other organisational entity, a union of entities without legal personality, or an entrepreneur, whose actions caused a violation of rights and freedoms guaranteed by the State.

c) request relevant investigating authorities to start an investigation and/or criminal prosecution, if, after examining the case, he/she comes to the conclusion that there are elements of crime in the case;

d) make proposals to relevant bodies on disciplinary or administrative liability of persons whose actions caused a violation of human rights and freedoms;

e) in certain cases, act as a friend of the court (amicus curiae) in common courts and the Constitutional Court of Georgia;

f) inform the mass-media about the results of inspections related to violations of human rights and freedoms;

g) include the decisions made by him/her into annual and special reports;

h) apply in writing to the President of Georgia, the Prime-Minister of Georgia, if the Public Defender of Georgia considers that the means of response at the disposal of the Public Defender of Georgia are not sufficient;

i) apply to the Constitutional Court of Georgia with a constitutional appeal related to the constitutionality of norms regulating referendums and elections and of the elections (referenda) held or to be held based on these norms, or when a normative act or some of its norms violate human rights and freedoms recognised by the Second Chapter of the Constitution of Georgia;

j) in special cases, request that the Parliament of Georgia set up a temporary investigation commission in relation to the facts of violation of human rights and freedoms and discuss those issues.

Organic Law of Georgia No2146^a of 23 June 1999 - LHG I, No 27(34), 6.7.1999, Art. 142

Organic Law of Georgia No 1343 of 20 April 2005 - LHG I, No 19, 28.4.2005, Art. 115

Organic Law of Georgia No 1462 of 16 July 2009 - LHG I, No 20, 28.7.2009, Art. 90

Organic Law of Georgia No 2711 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 42

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 3621 of 24 September 2010 - LHG I, No 52, 30.9.2010, Art. 335

Organic Law of Georgia No 5264 of 11 November 2011 - website, 24.11.2011

Organic Law of Georgia No 1082 of 18 September 2013 - website, 23.9.2013

Organic Law of Georgia No 4550 of 3 May 2019 - website, 10.5.2019

Organic Law of Georgia No 6862 of 15 July 2020 - website, 28.7.2020

Article 21¹

1. The Public Defender of Georgia shall nominate two candidates for the membership on the Board of Trustees of the Public Broadcaster to the Parliament of Georgia.

2. The candidates for membership on the Board of Trustees of the Public Broadcaster who are to be nominated to the Parliament of Georgia by the Public Defender shall be selected by a competition commission set up according to Article 25 of the Law of Georgia on Broadcasting. The Public Defender of Georgia shall sign the decision on the nomination of candidates selected by the Public Defender of Georgia.

3. The Parliament of Georgia shall separately elect each candidate nominated by the Public Defender of Georgia by a majority of votes of the total number of members within 15 calendar days after the candidates are nominated.

4. If a candidate to the Board of Trustees of the Public Broadcaster fails to obtain the necessary number of votes, the Public Defender of Georgia shall nominate a new candidate to the Parliament of Georgia within 10 calendar days.

5. The Public Defender of Georgia may nominate to the Parliament of Georgia three candidates out of the candidates selected by the competition commission. The same candidate may be nominated twice.

6. If none of the candidates nominated by the Public Defender of Georgia obtains the necessary number of votes, the candidate who receives the highest number of votes, but not less than one-third of the current nominal list of the Parliament of Georgia, shall be deemed elected.

7. If none of the candidates nominated by the Public Defender of Georgia obtains votes of not less than one-third of the current nominal list of the Parliament of Georgia, a new competition shall be held.

Organic Law of Georgia No 835 of 12 July 2013 - website, 25.7.2013

Article 22

1. In March of each calendar year the Public Defender of Georgia shall submit to the Parliament of Georgia an annual report on the situation of human rights and freedoms in the country.

2. The report of the Public Defender of Georgia shall specify those state and municipality bodies or officials, and if related to the discrimination case, also a natural person, legal entity, other organisational entity, a union of entities without legal personality, or an entrepreneur that violated human rights and freedoms, or ignored recommendations of the Public Defender of Georgia on measures to be taken for restoration of those rights.

3. The report of the Public Defender of Georgia shall contain general assessments, conclusions and recommendations about human rights and freedoms in the country.

4. During the spring session of the Parliament of Georgia the Public Defender of Georgia shall present to the Parliament a report, in connection with the annual report, on the situation of human rights and freedoms.

5. The report of the Public Defender of Georgia shall be published in the Official Gazette of the Parliament. A special report may be published by the decision of the Public Defender of Georgia.

Organic Law of Georgia No 2146^a of 23 June 1999 - LHG I, No 27(34), 6.7.1999, Art. 142

Organic Law of Georgia No 1462 of 16 July 2009 - LHG I, No 20, 28.7.2009, Art. 90

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 4550 of 3 May 2019 - website, 10.5.2019

Organic Law of Georgia No 6862 of 15 July 2020 - website, 28.7.2020

Article 22¹

1. The Public Defender of Georgia shall nominate three candidates to the Legal Aid Board, according to Article 10 of the Law of Georgia on Legal Aid.

2. The Public Defender of Georgia shall nominate 1 candidate to the Legal Aid Board from among his/her staff, the other 2 members shall be selected through an open competition from among the representatives of scientific sector working at higher educational institutions of Georgia, based on the recommendations of the governing bodies of the same organisations.

3. A person who has high public recognition and good reputation, as well as a higher education and not less than five years working and/or teaching/scientific experience in the human rights field may be selected as a member of the Legal Aid Board. A member of the Legal Aid Board selected through an open competition may not work as an Advocate.

4. In order to select 2 members of the Legal Aid Board, the Public Defender of Georgia shall set up a competition commission consisting of at least 9 members. The competition commission shall be composed of: members of the staff of the Public Defender’s Office of Georgia, 1 member of the parliamentary committee for human rights and civil integration, and representatives of civil organisations, mass-media, and state bodies.

5. The Public Defender of Georgia shall approve the terms of competition for selecting the members of the Legal Aid Board and the regulations of the competition commission.

Organic Law of Georgia No 1800 of 13 December 2013 - website, 28.12.2013

Organic Law of Georgia No 425 of 2 April 2025 - website, 3.4.2025

Chapter 4 - Legal Guarantees for Implementation of Powers of the Public Defender of Georgia

Article 23

1. All state and municipality bodies, 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.

2. During inspection, or if requested by the Public Defender of Georgia, a state body, an official or a legal person whose action or decision is under examination or is appealed shall be obligated to submit an explanation on the issue in question to the Public Defender of Georgia.

3. 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.

4. Upon request, the declarant shall have access to appropriate materials, except for information provided in Article 20 of this Law.

5. The requirements provided for by paragraph 1 and 2 of this article shall also apply to a natural person, legal entity, other organisational entity, a union of entities without legal personality, and an entrepreneur only where the Public Defender of Georgia exercises own powers in relations to the fact of discrimination.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 4550 of 3 May 2019 - website, 10.5.2019

Organic Law of Georgia No 6862 of 15 July 2020 - website, 28.7.2020

Article 24

State and municipality bodies, public institutions and officials, natural persons, legal entities, other organisational entities, a union of entities without legal personality, and an entrepreneur that receive recommendations or proposals of the Public Defender of Georgia are obliged to examine them and report in writing on the results of the examination to the Public Defender of Georgia within 20 days.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 4550 of 3 May 2019 - website, 10.5.2019

Organic Law of Georgia No 6862 of 15 July 2020 - website, 28.7.2020

Article 25

1. Failure to fulfil the obligations defined by this Law, as well as any obstruction of the activity of the Public Defender of Georgia shall be punishable by law, shall be entered in the report of the Public Defender of Georgia and become a subject of special discussion by the Parliament of Georgia.

2. The Public Defender’s Office shall be financed from the State Budget of Georgia to the extent necessary for effective performance of its functions.

3. The amount of labour remuneration provided in the relevant article of the State Budget of Georgia for the Public Defender’s Office of Georgia may be reduced compared to the corresponding amount of the previous year only by prior consent of the Public Defender of Georgia.

4. The salary of the Public Defender of Georgia shall be equal to the salary of the Deputy Chairperson of the Parliament of Georgia.

Organic Law of Georgia No 2146^a of 23 June 1999 - LHG I, No 27(34), 6.7.1999, Art. 142

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 5264 of 11 November 2011 - website, 24.11.2011

Organic Law of Georgia No 4085 of 7 March 2024 - website, 14.3.2024

Chapter 5 - Composition and Structure of the Public Defender’s Office of Georgia

Article 26

1. The Public Defender’s Office of Georgia shall be established to support the activity of the Public Defender of Georgia. The structure, rules of operation and organisation of the Public Defender’s Office shall be determined by the Statute of the Public Defender’s Office of Georgia. The Public Defender’s Office of Georgia shall act in the name of and within the scope of the powers determined by the Public Defender of Georgia.

2. The Public Defender of Georgia shall have the First Deputy and Deputies. The number and powers of the Deputies Public Defender of Georgia shall be determined by the Statute of the Public Defender’s Office of Georgia. The First Deputy and Deputies Public Defender of Georgia shall be appointed to and dismissed from the position by the Public Defender of Georgia.

3. The First Deputy Public Defender of Georgia shall manage the staff of the Public Defender’s Office of Georgia. Under decision of the Public Defender of Georgia, Deputies Public Defender of Georgia shall coordinate activities determined by the Statute of the Public Defender’s Office of Georgia.

4. The First Deputy and Deputies Public Defender of Georgia shall be subject to the incompatibility provisions defined in this Law.

5. Public councils and specialised centres may be set up under the auspices of the Public Defender Office of Georgia. The Public Defender of Georgia shall determine their structure, organisation and areas of activity, rules of operation and other issues.

Organic Law of Georgia No 3565 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 278

Organic Law of Georgia No 3016 of 26 December 2014 – website, 30.12.2014

Article 26¹

1. The social security of the Public Defender of Georgia and employees of the Office of the Public Defender of Georgia shall be ensured by the State.

2. Unless otherwise established by the legislation of Georgia, the social security guarantees provided for in the Law of Georgia on Public Service shall apply to the Public Defender of Georgia and employees of the Office of the Public Defender of Georgia (including social security guarantees related to bodily injury or death in connection with the performance of official duties).

3. The Public Defender of Georgia and employees of the Office of the Public Defender of Georgia shall be subject to mandatory state life and health insurance. Issues related to the life and health insurance of the Public Defender of Georgia and employees of the Office of the Public Defender of Georgia shall be determined by the Public Defender of Georgia.

Organic Law of Georgia No 507 of 29 April 2025 – website, 1.5.2025

Article 27

1. The First Deputy and Deputies Public Defender of Georgia and the Office personnel, also members of the Special Preventive Group, shall exercise the powers or part of the powers provided in Articles 18 and 19 of this Law under special authorisation of the Public Defender of Georgia.

2. When exercising the powers provided in the first paragraph of this article, a person who has special authorisation may testify on information confided to him/her only with the consent of the Public Defender of Georgia. The person shall retain this right after termination of his/her powers. Written materials related to this issue may be seized only with the consent of the Public Defender of Georgia.

Organic Law of Georgia No 1462 of 16 July 2009 - LHG I, No 20, 28.7.2009, Art. 90

Organic Law of Georgia No 3016 of 26 December 2014 – website, 30.12.2014

Chapter 6 – Transitional Provisions

Organic Law of Georgia No 4085 of 7 March 2024 – website, 14.3.2024

Article 28

1. From 1 April to 31 December 2024, the official salary of the Public Defender of Georgia shall be determined by the Upper limit coefficient of official salary of the Deputy Chairperson of the Parliament of Georgia, as provided for in Table No 3 of Annex No 3 of the Law of Georgia on Remuneration in Public Institutions.

Organic Law of Georgia No 4085 of 7 March 2024 – website, 14.3.2024

President of Georgia                                 E. Shevardnadze

Tbilisi

16 May 1996

No230-IIს