The Public Defender of Georgia is a constitutional institution, which supervises the protection of human rights in Georgia. It identifies the violations of human rights and contributes to the restoration of the violated rights and freedoms.
The Ombudsman is independent of the government, parliament and courts. Any influence on or interference in the activity of the Public Defender shall be prohibited and shall be punishable by law.
The Ombudsman studies complaints related to potential human rights violations both on the basis of the received applications and on his own initiative.
According to the law, the Ombudsman is monitoring to determine that state and local self-government authorities, public institutions and officials protect and respect the rights and freedoms recognised by the State. The Ombudsman is authorised to consider applications about violations of human rights enshrined in the laws of Georgia, as well as in the international treaties and agreements, the party to which is Georgia.
The Public Defender's institution of Georgia has been accredited Under the UN Paris Principles with Status "A", which means that the Ombudsman has the right to take part in the work of the national human rights institutions at the international and regional levels with the right to vote, hold a position in the bureau/sub-committees of the Global Alliance of National Human Rights Institutions and take part in the sessions of the Human Rights Council.
The mandate of the Ombudsman in Georgia is the following:
The Ombudsman shall independently examine the situation with regard to the protection of human rights and the facts of their violation, based on both received statements and appeals and on his/her own initiative.
The Ombudsman examine statements and appeals on violations of human rights related to:
- A decision of a public institution
- Infringement or violation of rights and freedoms granted by the legislation of Georgia during court proceedings
- Violation of rights provided for by the legislation of Georgia for detained and arrested persons or persons whose liberty is otherwise restricted
- Conformity of normative acts with the Second Chapter of the Constitution of Georgia
- Constitutionality of norms regulating referendums and elections and of elections (referendums) held or to be held according to those norms
The Ombudsman of Georgia supervises issues of eliminating all forms of discrimination and ensuring equality. The mentioned functions are carried out by the Ombudsman through the department of Equality.
The Ombudsman is obliged to reveal the violation on his own initiative or based on the appeal of another person in the cases defined by the Code of Child Rights. In the cases determined by the Code of Child Rights, the Public Defender shall issue appropriate recommendations when the activity of the state authority, municipality's relevant body and legal entity of private law is not in accordance with the legislation of Georgia.
The Public Defender performs the functions of the National Mechanism for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment under the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.