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Information on Constitutional Lawsuits Filed by Public Defender of Georgia

In November and December 2022, the Public Defender of Georgia applied to the Constitutional Court of Georgia with 7 constitutional lawsuits, which concern various systemic problems in the field of human rights and cover a number of normative acts and basic rights:

  • The constitutional lawsuit filed on November 4 challenges the legal acts that, on the one hand, do not provide for the medical examination of the defendant's health, during entry/exit in/from prison, and, on the other hand, define the patient's consent as a necessary prerequisite for such medical examination;
  • The constitutional lawsuit filed on November 4 challenges the discriminatory subordinate acts of several municipalities, which exclude persons with permanent residence permits from social programmes intended for persons with disabilities;
  • The constitutional lawsuit filed on December 1 concerns the ban on circulation of political advertisements by the broadcaster during the non-election period. The normative acts are disputed in relation to the constitutional principle of freedom of expression;
  • Another constitutional lawsuit filed on December 1 concerns the constitutionality of the restriction in the "Rules for Provision of Housing for IDPs", which provides for a 3-year ban preventing IDPs from selling the real estate transferred to their ownership;
  • In the constitutional lawsuit filed on December 1, the Public Defender of Georgia requests the determination of the obligation of patrol police officers to use body cameras during patrolling, when they communicate with citizens or otherwise impact their constitutional rights. According to the currently applied rules, although a body camera is a necessary part of the patrol police officer’s equipment during patrolling, its use relies completely on the will of the police officer. When dealing with a complaint of alleged ill-treatment, video recording is important evidence and contributes to the administration of justice;
  • On December 1, the Public Defender of Georgia also appealed against the discriminatory rule, which restricts the right of war veterans with disabilities to simultaneously benefit from both the veteran's subsistence subsidy and the social package provided for persons with disabilities;
  • The constitutional lawsuit of December 1 challenges the normative content of paragraph 1 of Article 30 of the Law of Georgia on International Cooperation in Criminal Matters, which allows extradition detention of a person even when he/she has already spent 9 months in detention after the discovery of the grounds for the initiation of the extradition procedures, within the framework of any criminal case against that person.
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