Address of Human Rights Center regarding Illegal Interference into Professional Work of Lawyers in Gldani #8 Prison Department

Human Rights Center is alarmed by the violation of confidentiality committed by the administration and employees of Gldani #8 prison department in regards with the correspondence between a lawyer and a defendant as well as other written documentation of lawyer. 

In #8 Gldani prison, the prison administration and its employees often inspect the written correspondence made between the lawyers and the defendants as well as notes of lawyers not only visually, but by its content as well. The inspection takes place while the lawyers go through security control, before meeting the defendants.

 

During recent period, there have been many cases when the lawyers of Human Rights Center have been deprived of the written correspondence and the notes regarding the cases of defendants, while going through the security control, before meeting with the defendants. As a rule, prison employees take the written complaints and notes from the lawyers and read them, then they bring them to the deputy director of Gldani #8 prison, Ilia Pinturia, who also reads the correspondence and other written documentation of lawyer.

Similar fact happened recently on July 16th when the prison administration did not allow the lawyers to bring in the written documentation without checking its content. Like previously, the employees of prison administration brought the documentation to the deputy head of prison, Ilia Pinturia.

Human Rights Center’s lawyers accompanied the prison employees to the deputy head to discuss the matter. Ilia Pinturia told the lawyers that he was not violationg the law, that the internal prison regulations allowed this practice in the prison and he was going to do the same in future.

According to the Georgian Prison Code, the written correspondence of convict can be inspected only visually, without checking its content. 

According to the Georgian Law on Lawyers and Code of Professional Ethics of Lawyers, the principles of freedom and independence of lawyers, as well as prohibition of interference into professional work of lawyers belong to the main principles regulating professional work of lawyers. Any information that the lawyer receives from his/her client and any correspondence communicated between them is confidential. The client reveals any information to the lawyer with the hope that it will be kept confidential. Principle of independence of lawyers is the main element of rule of law and is guaranteed by international as well as domestic law of Georgia.

European Court of Human Rights made an important explanation in the case of Michaud v. France and established that the correspondence between the lawyer and his/her client, has a privileged status, despite its purposes. This principle is determined by the fact that the lawyers have fundamental role for the protection of human rights in democratic society.

Main principles of United Nations indicate that the state has to ensure full protection of confidentiality between the lawyer and client; the state has to guarantee the protection of confidentiality of any communication and consultations made between the lawyer and a defendant.

The acts of Gldani #8 prison administration and its employees gravely violate norms of international as well as domestic law of Georgia. Violation of principle of confidentiality by the prison department undermines the high values of justice and legal profession.

Considering all above-mentioned, Human Rights Center officially addresses following state bodies of Georgia - Ministry of Corrections, Human Rights and Civil Integration Committee of Parliament, Public Defender of Georgia – and the head of Georgian Bar Association to swiftly take on relevant measure to eliminate illegal practice described up above.

Human Rights Center