The Public Defender’s Office promptly started examination of information that was disseminated in the media on an alleged case of actions directed against sexual freedom and inviolability of a minor - 12 year old girl in Kakheti region.

Given graveness of the disseminated information, the Public Defender calls on relevant state bodies to conduct prompt and effective actions for strict execution of positive obligations of the protection of a child affirmed by national and international norms.

Obligations assumed under the UN Convention of the Rights of the Child and the Council of Europe Convention “On the protection of children against sexual exploitation and sexual abuse” to be taken into account, to conduct comprehensive and prompt investigation and to carry out relevant measures for the protection of rights of the 12-year old girl.

For the Chief Prosecutor’s Office and the Ministry of Internal Affairs of Georgia to conduct investigation in a reasonable timeframe and to use all legal means at their disposal too prevent delay in the investigation and establish objective truth on the case. Simultaneously, at all stages of the proceedings, child’s interests should to be protected.

For the Ministry of Labour, Health and Social Affairs to promptly conduct execution of obligations assumed under the Child Protection Referral procedures; a social worker and a psychologist to be included in the process of examination of the alleged violence; also, the question of fulfillment of the parent obligation to be examined; to take relevant measures for examination of the issue of failure to provide information on the alleged offence.

Given factual circumstances of the case, there is also an evidence of responsibility of a head of a general educational institution since, according to the information issued in the media, he/she was aware of the alleged actions directed against sexual freedom and inviolability of the 12-year old child. Despite the above he/she failed to conduct mandatory actions envisaged by the referral procedures, including identification of violence on the grounds of substantiated suspicion and after-case management in the framework of the defined competence.

Unfortunately, despite numerous recommendations and calls of the Public Defender, requirements of the Joint Order of 31 May, 2010 “On approval of child protection referral procedures” are not effectively implemented. Cooperation between the Ministry of Labour, Health and Social Affairs of Georgia, the Ministry of Internal Affairs of Georgia and the Ministry of Education and Science of Georgia on instances of violation of rights of children has numerous shortcomings.

The Public Defender’s Office continues to examine specific cases and conducts relevant activities for identification of factual circumstances of the case for protection of genuine interests of the child – victim of the alleged sexual violence