archive and keep the video recordings for a long time was an unequivocally illegal action. In addition,
the disclosure of identifiable episodes involving both of the authorized representatives of the Public
Defender violated the Law of Georgia on Personal Data Protection.
On January 23, 2020, the Public Defender and the Deputy Public Defender visited Establishment No. 9
to meet with prisoners. When they left the building, representatives of the media had already been
mobilized outside the facility. Information about the visit was provided to them by the Special
Penitentiary Service and the Ministry of Justice confirmed the above. At approximately 8:30 pm,
information about the visit was released through the web and social media page of the Special
Penitentiary Service, listing the names of the detainees met by the Public Defender and the Deputy
Public Defender and/or those who the Public Defender and the Deputy Public Defender wanted to
meet.
The Public Defender considers that Article 19 of the Organic Law on the Public Defender of Georgia
was blatantly violated by the Special Penitentiary Service/Ministry of Justice: “The meetings of the
Public Defender of Georgia/a member of the Special Preventive Group with detainees, prisoners or
persons whose liberty is otherwise restricted, convicted persons, persons in psychiatric facilities, old
people’s and children's homes shall be confidential. Any kind of eavesdropping and surveillance shall
be prohibited.” The above stipulates that any meeting of the Public Defender with prisoners shall be
confidential until the Public Defender makes an opposite decision. Information may be disseminated
only with the prisoner’s express consent. The same requirement can be read in Article 21 of the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, which says that no personal data shall be published without the express
consent of the person concerned.
Article 35 of the Constitution of Georgia stipulates that creating obstacles to the activities of the Public
Defender shall be punished. The activity of the Public Defender of Georgia, as a constitutional body, is
based on important and fundamental principles, such as full independence from any branch of
government, impartiality, objectivity and confidentiality. The disclosure of information about the
persons met by the Public Defender increases the risk of ill-treatment and/or illegal action against them
and deteriorates their rights situation. The disclosure of similar information may make prisoners refrain
from applying to and meeting with the Public Defender in the future. In addition, all prisoners may
suspect that the details of their meeting with the Public Defender will be monitored by the Ministry
of Justice/Penitentiary Service and will be made public at any time.
According
to
Article
352
of
the
Criminal
Code
of
Georgia,
influencing the Public Defender in any manner, in order to interfere with his/her official duties,
shall be punished.
According
to
part
2
of
the
same
article,
the same act committed
by using official position shall be punished. The identification of prisoners met by the Public Defender
and/or Public Defender’s representatives represents an influence on his/her official duties. This
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