The Public Defender Addresses the Ministry of Internal Affairs

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The Public Defender of Georgia has addressed the Ministry of Internal Affairs (MIA) to initiate disciplinary actions against an employee of the MIA Lasha Jakeli, assess and evaluate the legality of his refusal to fulfill a legitimate request of representatives of the Public Defender. 

  

On September 13, 2013, mass media sources announced that Ministry of Internal Affairs of Georgia arrested an individual of Chechen ethnic origin and his companions in Batumi. The mentioned individuals showed armed resistance against the representatives of the law enforcement authorities. According to the same source, as a result of crossfire during the arrest, the Chechen individual, one of the policemen and a passerby had been wounded. 

  

On September 14 and 15, the representative of the Public Defender met with the detained individuals in the temporary detention facility of Adjara and Guria. At 22:11 on September 15, 2013, the representative of Public Defender together with an expert of the Special Prevention Group visited the LLC Republican Hospital of Batumi, to meet with the wounded suspect of Chechen origin, Iusup Lakiev. Mr. Lakiev had been placed in the #5 ward of the Surgical Department but access to him was blocked by an individual in civilian clothes (who identified himself as a MIA employee – Lasha Jakeli). 

  

L. Jakeli did not allow the representative of Public Defender and the expert of the Special Preventive Group to meet with the suspect I. Lakiev. He explained that Mr. Lakiev did not wish to see anybody. 

  

The representative of the Public Defender of Georgia and the expert of the Special Preventive Group explained to the MIA employee that according to the Organic Law of Georgia on Public Defender they were acting under their professional authority. They also explained that communication with the representative of Public Defender is voluntary and if Mr. Lakiev refused to talk to the representative of the Public Defender, he would not be forced to do so, as according to the law providing testimony to the representative of the Public Defender of Georgia is not mandatory. 

  

Despite all of the mentioned above, the MIA employee, Lasha Jakeli did not let them into the room. In addition, the MIA employee Lasha Jakeli left the question - “who was in the room with Iusup Lakiev” that the representative of Public Defender and the expert of the Special Preventive Group had asked, unanswered. 

  

At the time of arrival of the representative of Public Defender and the expert of the Special Preventive Group, lights in Mr. Lakiev’s ward were on. The expert of the Special Preventive Group noticed that apart from the patient there were two individuals in the ward in military uniform trousers, black t-shirts and military coats and they were talking loudly. Despite this Mr. Jakeli stated that Mr. Lakiev did not wish to speak to anybody. 

  

On the same day, at 22:40 the representative of Public Defender together with expert of the Special Preventive Group met with Mr. Lakiev’s medical doctor, who declared that his patient’s health condition was stable and it was permissible to speak to him. The doctor did not see any reasons to limit visiting the patient. 

  

According to Article 43 (2) of the Constitution of Georgia and Article 25 of the Organic Law of Georgia on Public Defender, creating impediments to the activity of the Public Defender is punishable by law. 

An employee of the Office of the Public Defender of Georgia that conducts operations with a special authority provided by the Public Defender, acts on behalf of Public Defender. Therefore, creating impediments to him/her is a violation of law and is punishable by the Article 1734 of the Code of Administrative Offences of Georgia.