Minister’s Command May Restrict the Constitutional Right

Lika Gigineishvili, netgazeti.ge

According to the #89 decree of Minster of Corrections and Legal Assistance, if the lawyer wants to meet with several prisoners in the penitentiary department, he/she needs to stand in the line for every meeting. According to the public defender, this might endanger the constitutionally established right of the convict to ask for lawyer’s assistance without delay.

Public Defender of Georgia addresses the Minister of Corrections and Legal Assistance to improve the efficiency of private meetings between the lawyer and a prisoner and regulate relevant infrastructural issues.

Besides, according to the article 4 of the decree # 89 issued on June 10th, 2010 by the Minister of Corrections and Legal Assistance, the right of defense must be realized and not restricted.

According to paragraph fourth of the decree #89 issued on June 10th of 2010, once entering the penitentiary department, the lawyer has right to meet only one prisoner under his/her defense, in order to meet other convicts, he/she has to stand in the line of lawyers.

According to the public defender, in terms of such regulation, the right of defense might be restricted and there is a risk of violating human rights guaranteed by Georgian constitution.

Public defender states that Georgian constitution requests the initial court representation of convict in rather strict terms (in 72 hours after detainment). Thus, the defender has too short time to meet the defendant and check the legality of imprisonment.

In terms of such regulation, according to public defender, the constitutionally established right of requesting defender’s assistance upon his/her arrest or detention might be restricted. (article 18).

“When the concrete individual has a lawyer who protects the interests of another individual, there is a conflict of interests and the lawyer automatically has to restrict right of defense of both (or more) convicts, that, of course will influence the further proceedings, disadvantageously for the prisoner. In order to ensure right of defense efficiently, it is necessary to give prisoners not only the opportunity, but sufficient time to meet with the lawyer,” – states the recommendation.

The monitoring group of the Office of Public Defender visited Gldani #8 penitentiary department on September 20th of 2010.

“This department is relatively new and there are better conditions than in other departments, but even this cannot reduce daily line of lawyers,” – states the recommendation of public defender.

There are 22 rooms in Gldani #8 prison where the prisoners meet with lawyers.

The lawyer of Georgian Young Lawyers Association Mikheil Loghadze talks about insufficiency of necessary places for ensuring meeting of lawyers and prisoners. According to him, when meeting a prisoner, the lawyer at least needs one hour to learn the case. The shortage of rooms for meetings creates big lines of lawyers at the Ministry of Penitentiary.

“For instance, there has been a case when I came to prison at 11 and there already were 203 people in the list. If you come and join the line anew, that means that if you happen to enter, you will enter at the end of the day. When you are a lawyer, you do not have so much time to stand there. There must be sufficient places in the prison for the lawyer to be able to enter it,” – states Ghoghadze.

According to him, in such conditions, the lawyer should be enabled to meet several prisoner at one enter.

The Ministry of Correction and Legal Issues explains the content of paragraph fourth of #89 decree on the basis of equal rights of lawyers.

“This rule gives equal rights to all the lawyers. When one lawyer entered and saw 10-15 convicts, others waited outside. In this way, the line order is kept and everybody has equal rights,” – states the head of Public Relations Service Tea Sukhishvili.

According to her, the rehabilitation of additional rooms for meeting of convicts and lawyers is taking place in prison #8.

“Realizing this slight flaw of this infrastructure, we will add new necessary rooms to prison #8. This will be conducted everywhere where there is necessity,” – states Sukhishvili.

The recommendation of public defender states that the lawyers often address him complaining that they do not have opportunity to effectively conduct their work because of lack of infrastructure and insufficiency.

According to the recommendation of public defender, the Ministry must ensure the effective meeting between the lawyers and prisoners in maximally narrowed term.