In accordance with Paragraph D of Article 21 of the Georgian Organic Law on the Public Defender of Georgia, the Public Defender has addressed the Chairman of the Tbilisi City Court with a recommendation to review the issue of possible signs of minor disciplinary violations in the actions of members of the staff of the Tbilisi City Court.

On November 16, 2011, the Public Defender received an application of Maia Akhaladze, the lawyer of convicts, Shalva and Lasha Shanidze. The applicant noted that she had submitted defense warrants for the persons under her defense to the Tbilisi City Court on March 15, 2011, demanding that she be acquainted with the case materials. The applicant also pointed out that she had not been allowed to get acquainted with the case materials and take part in the hearing in the court. The aforementioned is confirmed by the protocol of the court hearing submitted by the Tbilisi Court of Appeals to the Office of the Public Defender of Georgia.

As you are informed, the criminal law legislation of Georgia provides for the defendant’s right to have his/her interests protected by a lawyer of his/her choice. According to Article 82 of the Code of Criminal Procedure of Georgia (the 1998 wording), “The lawyer shall submit a warrant of a bar association or a legal firm or bureau and his/her certificate to the body conducting the trial in order to be allowed to participate in the legal proceedings of the criminal case.”

Proceeding from the aforementioned, it is yet to be established whether the lawyer, M. Akhaladze, was notified of the time and date of the hearing of the criminal case of Shalva and Lasha Shanidze.

The Public Defender considers that members of the staff of the Tbilisi City Court may have fulfilled their official duties inappropriately, which, in accordance with the Georgian Law on Public Service, constitutes a minor disciplinary violation.