Office of the Public Defender of Georgia.

Transcription

1 PUBLIC DEFENDER OF GEORGIA Office of the Public Defender of Georgia. TBILISI: 6 Nino Ramishvili str. Tbilisi, 0179 Tel: / / / / / / / / Fax: Info@ombudsman.ge 2014 BATUMI: 9 Mazniashvili str. Tel.: Mob.: QUTAISI: 18 Rustaveli str. Tel.: Mob.: ZUGDIDI: 58 Kostava str. Tel.: Mob.: GORI: 1 Sameba str. Tel.: Mob.: MARNEULI: 51 Rustaveli str. Tel.: AKHALKALAKI 4 Chavchavadze str. Tel.: Mob.: ;

2 This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the author and can in no way be taken to reflect the views of the European Union.

3 1. Public Defender (Ombudsman) of Georgia Ucha Nanuashvili, the Public Defender of Georgia Ucha Nanuashvili was elected Public Defender of Georgia on 7 December, 2012 by the Parliament of Georgia, and took up his position on 10 December, He is the fifth Public Defender. Born in 1975, Mr Nanuashvili obtained his Master s degree in International Law from the Tbilisi State University, and undertook post-graduate courses at the Institute of Political Science in Tbilisi, Georgia. Mr Nanuashvili has been working in the field of human rights for the past sixteen years and has acquired extensive knowledge in the field of human rights monitoring, training, and education. In he was elected in the Steering Committee of the Eastern Partnership Civil Society Forum, where he represented the Democratic Governance and Human Rights Group. Prior to his appointment as a Human Rights Defender, Mr Nanuashvili was a Chairman of the Board of the Human Rights House ( ), a member organization of the Human Rights House Network. He was one of the founders and directors of the Human Rights Centre ( ), one of the leading Georgian Non-Governmental Organizations. Mr Nanuashvili is the author of more than 35 reports and articles on human rights issues. His native language is Georgian, but he also speaks English, French and Russian. 1

4 2. Functions of the Public Defender (Ombudsman) of Georgia The Public Defender (Ombudsman) of Georgia oversees the observance of human rights and freedoms in Georgia and its jurisdiction. It advises the government on steps that should be taken in order to protect human rights. It analyzes the state s internal laws, policies and practices in compliance with international standards, and provides relevant recommendations. The Public Defender of Georgia exercises the functions of the National Preventive Mechanism, envisaged by the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Ombudsman of Georgia undertakes educational activities in the field of human rights and freedoms, and lodges complaints in the Constitutional Court of Georgia in case the human rights and freedoms envisaged in the chapter II of the Georgian constitution are violated by a normative act. The Public Defender is further authorized to exercise the Amicus Curiae function in Common Courts and the Constitutional Court of Georgia. Powers and functions of the Office of Public Defender (PDO) are defined in the Organic Law on Public Defender of Georgia of The Public Defender independently exercises functions of the office and is bound only by the Constitution, international treaties and agreements of Georgia, universally recognized principles and rules of international law, the Organic Law on Public Defender of Georgia, and other legislative acts. Any influences or interferences with the Public Defender s activities are prohibited and punished by law. Key strategic aims of the Office of the Public Defender (Ombudsman) of Georgia: To provide effective oversight on human rights protection and to assist Georgia in the compliance with its human rights commitments; To maintain a leading position in human rights institutions by providing advice on the protection, respect, and fulfillment of humans in Georgia and within its jurisdiction; 2

5 To deliver educational activities on human rights of the highest professional and academic quality and to enhance Ombudsman s role as a primary institution in human rights teaching and research. Within the mandate envisaged by the Organic Law on Public Defender of Georgia, the guiding principles of the Ombudsman s work include: Impartiality Justice Responsibility Quality Dialogue The first Public Defender (Ombudsman) of Georgia assumed responsibilities in Structure of the Office of the Public Defender (Ombudsman) of Georgia The Office of the Public Defender is established in accordance with Article 26 of the Organic Law on Public Defender of Georgia in order to ensure the implementation of Ombudsman s activities set forth in the law. The staff of the Office of Public Defender (Ombudsman) of Georgia is headed by the Deputy Public Defender. The Office of the Public Defender is divided into different departments, centres, and divisions. The structural units of the Office are services created for the implementation of the Public Defender s activities in different areas. 3

6 The structural units of the Office include: Secretariat The Department of Citizens Appeals The Department of Justice The Analytical Department The Department of Prevention and Monitoring (NPM) The Department of Public Relations The Department of Administration and Finance The Department of Gender Equality The Child s Rights Centre The Center for Disability Rights The Division to Manage Regional Offices The Tolerance Centre The Ossetian Forum The Secretariat of the Public Defender (Ombudsman) The Secretariat of the Public Defender of Georgia carries out organizational and administrative responsibilities. The Secretariat of the PD is headed by the Public Defender. The Secretariat includes: The Assistant in International Relations and Strategic Development; The Assistant in Management; The Assistant in Project Management; 4

7 The Assistant in Protection of Human Rights in Conflict Affected Areas; The Senior Legal Advisor; The HR manager. The Department of Citizens Appeals The main objective of the Department of Citizens Appeals is coordinating, processing, and handling complaints. This process implies the following actions: receiving citizens and providing them with consultation; registration of applications/complaints and other relevant documents; registration of cases in the electronic management system; distribution of complaints to the corresponding departments and ensuring the maintenance of the chancellery and archives. Complaint Management Scheme: Total Inadmissable Public Information Admissible Online Referral

8 The Department of Justice The Department of Justice examines applications addressing freedom of expression, freedom of assembly and association, property rights, rights of refugees and asylum seekers, rights of migrants and internally displaced persons, right to adequate housing, social security issues, rights of national and religious minorities and human rights issues deriving from violations of criminal and administrative law. The Analytical Department The Analytical Department analyzes applications received from individuals to produce statistical data; it develops legislative proposals and produces comments on draft laws; it provides analysis of legislation and prepares recommendations to relevant state bodies; it supports the Public Defender s Office in the process of litigation at the courts; it analyzes decisions and judgements of national and international courts; and it performs any other analytical functions as requested by the Public Defender. The Department was created in April The Department of Prevention and Monitoring (NPM) The Department of Prevention and Monitoring performs functions of the National Preventive Mechanism. The main objectives are to contribute to the protection of human rights, to prevent torture, inhuman, degrading treatment or punishment in places of detention and deprivation of liberty e.g. psychiatric institutions; institutions for elderly persons; and child care institutions. The NPM employs contracted independent experts to effectively fulfill the monitoring functions. 6

9 The Department of Public Relations The objective of the Department of Public Relations is to ensure effective relations of the Public Defender of Georgia as well as PDO staff with different media outlets and civil society. The Department of Administration and Finance The main objectives of the Department of Administration and Finance are to provide the Office with material and technical assistance; to contribute to wellordered functioning of the Office with information technologies and means of communication; to ensure effective implementation of the financial/administrative activities of the Office; to create appropriate working conditions for the employees of the Office; and to ensure the observance of the Internal Regulations, Charters, and other applicable legislative norms by the Office employees. The Department of Gender Equality The objectives of the Department of Gender Equality are to study the applications and complaints on gender equality issues and to prepare relevant reports, recommendations, and proposals. With the support of UN Women, PDO developed Gender Equality Strategy and relevant Action Plan for the years The Strategy and Action Plan set out the direction and priorities for PDO gender-related work. The Child s Rights Centre The objectives of the Child s Rights Centre are to study the applications and complaints on violations of children s rights and to prepare relevant reports, recommendations, and proposals. The Centre facilitates harmonization of national legislation with international standards on children s rights as well as ratification/implementation of international documents in this field. 7

10 The Centre for Disability Rights The objectives of the Centre for Disability Rights are to study the applications and complaints on violations of the rights of persons with disabilities and to prepare relevant reports, recommendations, and proposals. The Centre facilitates harmonization of national legislation with international standards on rights of persons with disabilities as well as ratification/implementation of international documents in this field. The Division to Manage Regional Offices PDO runs seven regional offices located in Kutaisi, Gori, Batumi, Zugdidi, Akhalkalaki, Marneuli and Telavi. The new regional office in Telavi (Kakheti region) was recently opened. The Division to Manage Regional Offices coordinates activities of the regional offices and ensures communication of regional offices with the central office of the PDO. Furthermore, the Division ensures the examination of human rights complaints on the basis of the decentralization principle, and prepares subsequent draft recommendations, conclusions, and proposals. It ensures that the regional offices are equipped with sufficient material and technology. It identifies regional/local human rights problems and provides an instant response to human rights breaches. The Tolerance Centre The Tolerance Center is a watchdog that conducts monitoring of the rights of religious and ethnic minorities in Georgia. The Tolerance Center has been operating since 2005 and assists Public Defender in promoting a tolerant and peaceful environment in Georgia. The Center s activities go in two directions: protecting the rights of ethnic and religious minorities, and promoting tolerance and national integration nationwide. The Tolerance Center coordinates the Councils of Religions and National Minorities that operate under the Public Defender s auspices, and provides a venue for ethnic and religious minority groups and organizations to discuss, 8

11 raise, and advocate issues of their community concerns. Currently, the Councils represent the biggest minority forums in Georgia; the Council of National Minorities unites up to 100 organizations that directly engage in programming, monitoring, and advocacy of minority rights in Georgia, while, the Council of Religions comprises 26 religious organizations. The Ossetian Forum The Ossetian Forum was recently created by the initiative of the Public Defender of Georgia. This new institutionalized unit brings together representatives of the Ossetian community in Georgia, who together with the Public Defender of Georgia work on the improvement of the human rights conditions of ethnic Ossetians. 4. Educational Activities in Human Rights In pursuit of his statutory functions assigned by the Organic Law, the Public Defender regularly visits regions of Georgia to meet with local civil society groups and the local population. From 2014, the Public Defender s Office launched a number of new initiatives: in particular, the Public Defender s Office organizes monthly public debates on actual human rights problems in cooperation with the National Library of the Parliament of Georgia; it issues, and widely disseminates monthly electronic bulletins on human rights; and it continues its publishing activities on the most problematic areas in the field of human rights. In order to foster the awareness of different target groups in basic human rights, the Office of the Public Defender organizes annual competitions Me Ombudsman for youth, competitions for journalists Tolerance and Diversity, and annually awards special prizes to Supporters of Tolerance - persons, organizations, and media outlets that have made a particular contribution to the development of the culture of tolerance in Georgia. 9

12 10 Office of Public Defender (Ombudsman) of Georgia 5. Donor Funded Projects In order to secure effective protection of human rights in Georgia, the Office of the Public Defender (Ombudsman) of Georgia has been granted with financial support from the European Union, the United Nations High Commissioner for Refugees, and the Council of Europe, as well as other donor organizations to strengthen its activities in different areas of human rights. EU Project Support to the Public Defender s Office is one of the major contributors to the institutional strengthening of the Office of the Public Defender. In particular, the activities of the project include technical assistance and training of the NPM members; development of concrete guidelines for monitoring places of detention, and investigation relevant complaints; study of the experience of EU countries with the best practices and achievements in implementing NPM functions; complementary NPM ad hoc monitoring activities in the places of deprivation of liberty; publication of special reports by PDO on monitoring closed-type institutions; set of trainings for lawyers at the PDO Justice Department; development of a unified case management system; permanent update of relevant materials on developments of international/regional standards and jurisprudence on human rights; organization of an annual competition for school children Me Ombudsman ; training sessions for journalists on human rights topics, and mandate of the PDO; support to the publication of the PDO parliamentary reports as well as support to the creation of the analytical department at PDO. The duration of the project is 7 May, May, The objective of the Council of Europe/UNHCR joint project is to support the Office of the Public Defender of Georgia and to enhance its capacity to address the situation of Internally Displaced Persons (IDPs) and other conflict affected individuals. The project carries out its activities in 5 different regions of Georgia (Tbilisi, Gori, Kutaisi, Zugdidi and Batumi) by monthly monitoring of IDP settlements, studying individual and collective IDP problems, providing legal consultations to IDPs, examining human rights situation in conflict affected regions of Georgia, preparing reports on situation of the rights of IDPs and conflict affected individuals, conducting trainings and seminars on the rights

13 of IDPs and organizing regional meetings with non-governmental organizations working in the field. The project implementation period is 1 January, December, The Office of the Public Defender of Georgia also carries out its activities with the assistance of smaller donations in the field of integrating national minorities, monitoring small group homes for children, monitoring rights of persons with disabilities, including rights of disabled women, as well as improving gender equality throughout Georgia. 6. International Cooperation In May 2013, the Office of the Public Defender of Georgia underwent an accreditation process under the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), as a result of which the PDO was reaccredited A status. In 2013 the Public Defender of Georgia was elected as a member of the European Coordinating Committee (ECC) for 3 years term within the framework of the regional meeting of the European Group of NHRIs during the 26th session of the ICC. The Committee is a governing body of the European Network of National Human Rights Institutions (ENNHRI), which comprises over 40 National Human Rights Institutions across the wider European region (previously known as the European Group of NHRIs). The ENNHRI fosters the observance of human rights at a national level in Europe, studies local challenges facing human rights, and assists in legal and policy developments in Europe. It facilitates the establishment and strengthening of the role of NHRIs, and their capacity for building and training. Furthermore, the Office of the Public Defender (Ombudsman) of Georgia participates in the Eastern Partnership Program. The PDO is a member of different associations of National Human Rights Institutions. In particular, International Ombudsman Association, European Network of Ombudspeople for Children, European Ombudsman Institute, Association of Mediterranean Ombudsman and Asian Ombudsman Association. 11

14 In order to enhance the professional capacities of the PDO staff to share experiences and knowledge in the field of human rights, and ensure implementation of the best practices in daily work at the institution, the Office of the Public Defender of Georgia cooperates with different NHRIs abroad. In this framework the Ombudsman s Office conducts visits to study respective institutions, and hosts international colleagues for the same purposes. In 2013 study visits were conducted in the following countries: Latvia, Czech Republic, Slovenia, Sweden, and France. 12