Draft Law to Protect Juveniles

Georgian Public Defender is preparing a special legislative initiative to protect juveniles from negative influence. Working variant of the draft law is ready. According to amendments, media or other sources, who violate presumption of innocence, will be charged under Administrative Code.

Adoption of similar draft law was caused by media sources that frequently violate the presumption of juvenile’s innocence. Round table was dedicated to the issue at Public Defender’s Office where representatives of the media and non-governmental organizations discussed the proposal of the Ombudsman; the initiative is acceptable for everybody.

Giorgi Chkheidze, the head of the Georgian Young Lawyers Association (GYLA): Current legislation cannot protect the juveniles from negative influence. When discussing criminal cases, identification of juveniles is violated regardless s/he is accused or a victim. Their names, addresses and photos are made public. Nobody claims that we should restrict the freedom of media but the rights of the juveniles should be protected. The proposal of the Public Defender is absolutely acceptable for us. Not only media but other sources should also be charged for having violated new regulation. Public officials should avoid similar practice. Initially, we should demand them to follow the law and then the media.”

Berika Shukakidze, a representative of the Ministry of Education and Science, agrees with the sanctions. He said in his conversation with the Human Rights Center that every citizen should be eager to protect the rights of juveniles. “Everybody at the Ministry of Education and Science have similar opinion regarding the issue. Child is the most important for us. I wonder what kind of information we can obtain by exposing the name of a juvenile accused. It assists TV Companies only. Media should not be the only sources to charge under the law but all bodies who make confidential information public.”

Although the daft law was not sent to the Parliament yet, the Public Defender is sure that his initiative will be supported. “I hope the project will be supported because everybody realizes that juveniles must be protected from negative influence. The society is ready for the innovation. I am confident in the correctness of the initiative. Opinions of other people will also be taken into consideration and final variant of the draft law will be sent to the Parliament. Differentiation might be envisaged while discussing the sanctions and liabilities for governmental bodies will be severe.”

In order to demonstrate how Media violates presumption of juvenile’s innocence, the Public Defender gives several examples:

 1. TV Company Rustavi 2 aired the murder of juvenile N. Busknadze. The company is an entity that signed the charter on professional standard. On May 18 2007 at 09:56 AM news program of the broadcasting company announced that Archil Sharabidze, a schoolboy of the ninth form was accused for the murder of Nika Busknadze. On the same day, at 14:00 PM TV Company refused to name the accused in news program because of presumption of juvenile’s innocence.

2. On May 27 2007 Ekaterine Margiani died in a car accident. Fifteen-year-old Sofio Chumburidze was accused for the crime. TV Companies-Rustavi 2, Tele-Imedi, Public Broadcasting Company and Mze spread information about the accident. All of them announced the name of the accused. In the evening news programs of all four TV Companies showed juvenile accused without hiding the face when she was accompanied to the Tbilisi Civil Court by bailiffs.

The draft law prepared by the Public Defender’s Office aims to introduce amendments and annexes to the Law on Protection juveniles from negative influence. The following Chapter V' on “Regulations to Protect Confidentiality of Juveniles” should be added to the Law.

Article 16’

1. The argument on violation the confidentiality of a juvenile shall be discussed under the Georgian Law on “Freedom of Speech and Expression” if it does not envisage some other circumstances.
2. Confidentiality of a juvenile shall not be violated when revealing a crime or an offence by a media sources and juvenile is considered an accused, a suspect, a condemned, a persecuted, a victim, a witness or a person whose status is not defined by procedural legislation. However, the juvenile is directly or indirectly connected with the item broadcast by the media.
3. The prohibition envisaged by the second part of the chapter does not envisage the case when confidentiality is violated based on the agreement with parents, a guardian or a caretaker.
4. Without having agreed the issue with parents, a guardian or a caretaker the interview with the juvenile accused cannot be published or spread through violation of identification if the interview deals with concrete crime.

Article 16’

1. Violation of regulations envisaged in the above-mentioned Chapter results into administrative-legal liabilities.
2. Violator shall be released from the liabilities envisaged by the chapter if s/he provides solid evidences to prove that the juvenile’s confidentiality was violated to avoid the damage to a state, society as well as to avoid the violation of the rights and legal interests of certain people when it is impossible to prevent with other sources. Besides that the damage to the juvenile shall not exceed the avoided damage. 

Article 17'

1. Physical person violating the Georgian Law on “Protection of the Juvenile from Negative Influence” shall be fined with 5 000 lari. As for enterprise, office, organization or legal entity, they shall be fined with 10 000 lari.
2. In the case of repeated crime, physical person shall be fined with 8 000 lari, while enterprise, office, organization or legal entity shall be fined with 15 000 lari.

Eka Gulua