Proposal of the Public Defender addressed to the Chief Prosecutor on launch of disciplinary proceedings
On March 12, 2015, the Public Defender of Georgia addressed the Chief Prosecutor of Georgia with a proposal to start disciplinary proceedings on a fact of violation of the criminal procedure legislation of Georgia by a senior investigator of the Anti-corruption Investigation Unit of Tbilisi Prosecutor’s Office.
As a result of examination of documentations it was determined that senior investigator G.G. of the Anti-corruption Investigation Unit of Tbilisi Prosecutor’s Office conducted questioning of witness L.G. on February 14, 2013, from 13.20 to 15.10 and witness G.G. on the same day, from 14.50 to 15.28 on a criminal case against convict G.O.
The interrogation protocols do not indicate to any break or delay of the questioning. Also, by signing both interrogation protocols investigator G.G. confirms that on February 14, 2013, on the course of twenty minutes (from 14.50 to 15.10) he was conducting questioning of the two witnesses simultaneously which constitutes violation of the Criminal Procedure Code of Georgia.
Everyone has a right, on one hand, to a criminal prosecution against oneself to be conducted without violation of the law and, on the other hand, it is the right of every citizen for law enforcers to carry out their activities in strict compliance with the law. And that, in the view of the Public Defender, was not fulfilled by senior investigator G.G. of the Anti-corruption Investigation Unit of Tbilisi Prosecutor’s Office in the criminal case instituted against convict G.O. Thus, it might serve as a basis for a disciplinary liability.