Public Defender’s Statement on Enjoyment of Right to Fair Trail and Code of Administrative Offenses
On June 12, 2018, a representative of the Public Defender of Georgia monitored Tbilisi City Court trials in relation to the administrative offenses allegedly committed at the 11 June rally. The detainees had to wait for the hearing of their cases all day long, as one and the same judge was considering several cases.
The Public Defender considers that the abovementioned once again shows that the Code of Administrative Offenses is unconstitutional and it cannot guarantee the enjoyment of the right to a fair trial. The abovementioned problems have been pointed out in the Public Defender’s report for years.
"I hope the Parliament will soon initiate and adopt a Code of Administrative Offenses based on a new, fair principle. This year, when we celebrate the 100th anniversary of independence, one of the symbols of the Soviet past - the Code of Administrative Offenses adopted in 1984 - must be annulled," said Nino Lomjaria.
The Public Defender hopes that the court will find more human resources in the future and administrative cases will be considered by more than one judge in order to accelerate consideration of the cases.
It is also necessary the administrative courts to make decisions based on neutral evidence.
The Public Defender will closely monitor the ongoing process and will use all legal means available to her in case of identification of violations.