The Public Defender’s recommendation to the Head of the National Bureau of Enforcement
In accordance with Article 21 of the Organic Law of Georgia on the Public Defender of Georgia, the Public Defender of Georgia has addressed the Head of the LEPL National Bureau of Enforcement of the Ministry of Justice of Georgia, Nika Melia, with a recommendation to provide convict Giorgi Tsiklauri with full personal information requested in the letters of November 30, 2010 and December 20, 2010, and with a legal consultation.
On May 5, 2011, the Public Defender received an application of Giorgi Tsiklauri, a convict placed in Establishment No. 17 of the Department of Prisons of the Ministry of Corrections, Probation and Legal Assistance, in connection with his inability to receive the abovementioned information in full.
Considering the factual and legal circumstances of the case, the Public Defender considers that the LEPL National Bureau of Enforcement should have provided convict Giorgi Tsiklauri with information about his personal details requested in the appeal of November 30, 2010, and the application of December 20, 2010, and provided him with a relevant legal consultation. Thus, the LEPL National Bureau of Enforcement has violated the rights protected by Article 41 of the Constitution of Georgia and Article 39 of the General Administrative Code of Georgia. The Bureau has also failed to meet its obligation to provide a legal consultation, which is provided for in its own Charter.
The applications and the enclosed documents make it clear that on November 30, 2010, Giorgi Tsiklauri addressed the National Bureau of Enforcement of the Ministry of Justice of Georgia with an appeal, demanding information needed for the exercise of his right to defense. With a letter of December 14, 2014, the Bureau sent Giorgi Tsiklauri incomplete information. Due to this, on December 20, 2010, he applied to the LEPL National Bureau of Enforcement again. However, on February 1, 2011, the Bureau sent Giorgi Tsiklauri a letter of the same content, explaining that his demand exceeded the competence of the Bureau of Enforcement as determined by the Law of Georgia of Enforcement Proceedings.
