On January 15, 2016, the Public Defender addressed the Ministry of Correctionswith a recommendation to restore the violated labor rights of B.D., senior inspector of facility No 17 of the Penitentiary Department.

In his application B.D. noted that he was dismissed on the basis of a personal application of resignation, but the action was preceded by the following circumstances: In March 2015, B.D. was summoned by the then director of facility No 17 of the Penitentiary Department and was notified that the Minister was dissatisfied with the meeting held at the facility with inmates when B.D. was on duty. The director told B.D. to resign at his own will; otherwise he would be dismissed on the basis of a report of the General Inspection that would spoil his personal record. B.D. explained to the Public Defender that he submitted the application of resignation against his will, as a result of pressure. After the dismissal, social-economic conditions of B.D.’s family significantly worsened.

After studying B.D.'s case, the Public Defender found that the described facts might include signs of criminal offense. Accordingly, on October 19, 2015, he addressed the Prosecutor's Office to launch an investigation into alleged crimes committed against B.D. Unfortunately, the Prosecutor's Office did not consider the proposal of the Public Defender and did not launch an investigation.

The Public Defender considers that the circumstances of the case indicate that B.D.'s expressed will - to resign from his position - was not true. The Public Defender assumes that the Penitentiary Department of the Ministry of Corrections issued an order on B.D.'s dismissal by essentially violating the requirements of law. The administrative body did not conduct any administrative proceeding and did not found out whether the employee’s will to resign was true and whether or not pressure was exerted on him.

The Public Defender’s annual reports on human rights situation of Georgia have repeatedly indicated that the state and local self-government bodies/institutions, when making decisions on dismissal of civil servants, including the cases when the servant submits an application of resignation himself/herself, must explore in detail the important circumstances of the case and indicate the factual and legal basis of the decision when reflecting them in legal acts.

The Public Defender demands the abolition of the order on B.D.'s dismissal, the survey of the alleged pressure exerted on B.D. by former director of facility No 17 of the Penitentiary Department through a special fact-finding commission and the compliance of proceedings conducted by the General Inspection of the Ministry with the basic principles of the legislation.