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Court Declares Minister of Justice and Heads of Ministry’s 10 Legal Entities as Infringers of Law due to Non-Fulfillment of Public Defender’s Request

On 20-22 June, 2017, Tbilisi City Court declared Minister of Justice Tea Tsulukiani and heads of 10 legal entities of public law - Executive Director of the House of Justice, Givi Azaurashvili; Director of the Legislative Herald, Nika Akhalbedashvili; Chairman of the National Bureau of Enforcement, Ioseb Bakhaturia; Chairman of the Data Exchange Agency, Irakli Gvenetadze; Acting Head of the State Service Agency, Soso Giorgadze; Acting Director of the National Center for Crime Prevention, Shota Gunia; Acting Director of the Justice Training Center, Giorgi Zakaria; Director General of the National Archives, Teona Iashvili; Acting Director of the Smart Logic, Giorgi Mezhlumiani; Chairman of the Board of the Notary Chamber, Nino Khoperia, - as infringers of law.

On 31 January 2017, the Public Defender addressed the Ministry of Justice of Georgia and its 11 legal entities of public law with a recommendation concerning the restrictions on the access to public information for the NGO - Institute for Development of Freedom of Information (IDFI).

Pursuant to the Organic Law on the Public Defender, state authorities, local authorities, public institutions and officials, who receive Public Defender's recommendations or proposals, shall consider them and notify in writing of the outcomes of the consideration to the Public Defender within 20 days. However, the statutory obligation has been fulfilled only by the National Agency of Public Registry.

It should be noted that the Code of Administrative Offenses of Georgia provides for fines for the failure of implementation of the Public Defender's request, but in this case the court issued only verbal reprimand for the Minister of Justice and the heads of the 10 legal entities of public law.

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