According to Subparagraphs “b” and “c” of the Article 21 of the Organic Law of Georgia “On Public Defender”, Public Defender addressed the Prosecutor’s Office of Georgia with recommendation to apply the court with petition on revocation of provisional arrest sentenced to citizen Anatoly Ch. and his release. In addition, to start investigation on alleged arbitrary detention of Anatoly Ch. citizen of Ukraine with the signs of a crime stipulated in Section 2 of Article 147 of the Criminal Code of Georgia.

The Public Defender was addressed by the lawyer, defending the interests of the citizen of Ukraine - Anatoly Ch., who was arrested on the territory of Georgia. The applicant explained that the Prosecutor’s Office of Georgia and the general courts applied for the provisional arrest towards his client however the arrest warrant was not issued towards Anatoly Ch by the competent authorities on the territory of Ukraine.

For thorough examination of the issue, Public Defender’s Office requested documents and information from Batumi Civil Court and the Prosecutor’s Office of the Ministry of Justice of Georgia.

Detailed case studies revealed that the resolution of imprisonment towards Anatoly Ch. (who was detained on the territory of Georgia for the purpose of extradition to Ukraine) on determination of imprisonment as a punishment was canceled on 23 January 2013 by the resolution of Kiev Court of Appeal. Resolution on imprisonment of a person is binding according to Subparagraph “a”, Paragraph 2 of the Article 12 of the European Convention “On Extradition” ( along with other documents regulating the issue of person's extradition between Georgia and Ukraine), . Consequently, since January 23, 2013, any legal ground for imprisonment of Anatoly Ch. and retaining in provisional arrest, which is consistent to the exceptions allowed by Paragraph first of Article 5 of “Convention on Human Rights and Fundamental Freedoms” and the requirements of Georgian legislation, did not exist. Hence, the Prosecutor’s Office of Georgia and the judicial authorities violated the right to liberty and security of the citizen of Ukraine - Anatoly Ch.