Suit, Brought against Sozar Subar by the Representative of Mikheil Kareli, Has Been Postponed

Suit, Brought against Sozar Subar by the Representative of Mikheil Kareli, Has Been Postponed

20.06.06. Media News. Tbilisi. Due to the worsening of health problems of the judge Leila Mamulishvili at the Tbilisi Court of Appeal, the discussion process of Aleksi Kalabadze’s suit, the representative of Mikheil Kareli - the State Presidential Representative, has been postponed for uncertain period of time.

The issue deals with suit against the Public Defender, Sozar Subari that was brought for the demand of giving out public information. According to the disseminated information by the Press Service in Shida Kartli, the representative of Mikheil Kareli demands from Sozar Subari materials which are connected with public information made during plenary sessions, expressing his opinions about Mikheil Kareli’s illegal activities.

According to the Information spread by Shida Kartli Press Service, the inquiry of the representative of Mikheil Kareli regarding the release of public information was ignored by Sozar Subari. This step made by the Ombudsman was regarded by Aleksi Jalabadze as illegal and for the first time he brought the suit against him in the Board of Administrators within the Tbilisi City Court. Despite the absence of the Public Defender at a trial, the judge – Tina Shaverdashvili did not comply with Aleksandre Jalabadze’s requirements. The decision made by her was lodged a complaint in the Court of Appeal.

According to Aleksi Jalabadze’s announcement, the representative of Sozar Subari, during the trial at the Court of Appeal, notified that the public information made by the Public Defender had been covert as the professional and confidential. At the same time he handed the document to the court in which the information withdrawn is not enlisted in the public register of the Public Defender’s Office as being recognized the public information.

As Aleksi Jabanadze explains, following the article – 273 of the Georgian General Administration Code: “The professional secret might not include the information which is not private or commercial secret for the other person”. Depending on the article 28 of the same Code, “The Public Information is overt, excluding the conditions set by law and the information belonging to the government, commercial and private secret”. In Aleksi Jabaladze’s words, this fact indicates that in the process of making information confidential all the rules set by law had to be followed. Simultaneously, “Georgian Organic Law on the Public Defender” obliged Sozar Subari to release the inquired information.

As it is informed by the Press Service of the President’s Representative in Shida Kartli, the Public Defender is holding monitoring on the public service tackling the issue of giving out information. “In such case it would be better for the Public Defender to hold monitoring in his office as well”- was mentioned in the Press Service of the President’s Representative, in Shida Kartli during the conversation with the “Media News”.