What happened?
The Georgian Public Defender, Levan Ioseliani denied the remarks made by his deputy, Natia Julakidze in Brussels on June 8, claiming that the Public Defender’s Office has a limited mandate regarding judicial reforms.
What did the Deputy Public Defender say?
Speaking at the 12th session of the EU-Georgia Parliamentary Association Committee (PAC) at the European Parliament in Brussels on June 8, Natia Julakidze said:
- In terms of the rule of law, “the Public Defender is quite limited in its mandate.” She noted that “we have not determined precise ways and methods how to work on judiciary, but even though it is not in our mandate, we have decided to work in working groups on judiciary reforms and we have prepared our recommendations to the working groups.”
Who says what?
The statement has triggered criticism:
- “This statement probably means that the Public Defender’s Office no longer intends to work on judicial issues or simply that we are dealing with lack of knowledge. Both cases are regrettable,” former Deputy Public Defender Giorgi Burjanadze wrote on the social network.
- Nino Lomjaria, former Public Defender (2017-2022), said that “the mandate of the Public Defender in judicial issues is not vague” and it includes issues such as judicial reform, legislative initiatives, and issues of judicial appointments and staffing of the High Council of Justice, etc.
- Another former Public Defender (2012-2017), Ucha Nanuashvili, noted that it is the duty of the Public Defender to monitor fair trial as a fundamental right and that there are many mechanisms to realize this mandate.
What intensified the criticism?
The process of electing the new public defender was difficult last year. The ruling party accused the former PD Nino Lomjaria of bias and strongly criticized her. The first round of the election of the new Public Defender failed after the opposition and the ruling party failed to agree on a candidate.
- Levan Ioseliani’s candidacy from the “Citizens” faction became a compromise candidate at the last moment after several opposition MPs backed him. Local civil society organizations criticized his appointment, saying that his candidacy was put to a vote without proper consultations. Some opposition parties believe that the “Citizens” party, which has only two MPs, is a satellite of the ruling party.
- Amid the distrust of Levan Ioseliani, the appointment of Natia Julakidze as a deputy also provoked a negative response from the opposition, because she is the niece of the leader of “Citizens”, Aleko Elisashvili. This led to the suspicions that the new Public Defender had chosen her not on the basis of her qualifications, but rather on the basis of partisan trust.
What does the law say?
According to the Law on the Public Defender, the mandate of the Public Defender of Georgia is to monitor state authorities, including the judiciary, and, inter alia, to investigate cases of violations of human rights and freedoms during the judicial proceedings (Article 14 (b)). In this regard, the Public Defender, in certain cases, may act as a friend of the court (amicus curiae) in common courts and the Constitutional Court of Georgia (Article 21 (e)).
What is the Public Defender’s reaction?
Georgian Public Defender Levan Ioseliani calls the hype surrounding his deputy’s remarks “a misunderstanding” and says that “the Public Defender cannot distance himself from judicial issues.” According to him, he has been, is and will be involved in all processes related to the judiciary. This is, of course, part of our mandate, and we will continue to do so.”
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