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Public Defender Invites UN Special Rapporteur on Independence of Judges and Lawyers Mónica Pinto

On August 23 Public Defender Ucha Nanuashvili sent a letter of invitation to UN Special Rapporteur on Independence of Judges and Lawyers Mónica Pinto. The aim of the invitation is to study the systemic problems in terms of realization of the right to a fair trial, make legal assessment and identify effective response mechanisms.

The letter describes aspects of the infringement of various components of the right to a fair trial. In particular, it discusses the ambiguity of the criteria and procedures of appointment and promotion of judges, unlawful restrictions on the public hearing of a case, non-observance of transfer of a reasoned decision to the party within the legal term and review of a case within a reasonable time, violation of the presumption of innocence, judicial barriers in terms of questioning of witnesses in equal conditions, problems in review of cases of administrative offences and court decisions on revision of judgments due to newly revealed circumstances. The letter also analyzes the practice developed by common courts with regard to drug abuse cases following the Constitutional Court decisions.

Special Rapporteur's visit is an important tool, which allows the mandate holder to make general assessment of human rights situation and/or specific institutional, legal, judicial and administrative situations in the country. During the visit, the Special Rapporteur meets with representatives of the government, non-governmental organizations, civil society, the United Nations agencies, academic circle, diplomats, journalists and victims of human rights violations in order to develop recommendations, which are then published as public reports. Some of the Special Rapporteurs also hold press conferences and publish preliminary assessments at the end of the visit.

The Public Defender hopes that if the UN Special Rapporteur on Independence of Judges and Lawyers visits Georgia and if successful cooperation is achieved with her, the efforts of responsible parties will become more effective, which will contribute to full realization of the right to a fair trial throughout the country.

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