It often happens so that not the contents of either the laws adopted or the measures taken are at stake for the authorities with regard to the protection of Human Rights but their form by which they try to please the International Community. This refers to the operation of Human Rights' protection institutions as well. There are three governmental and numerous non-governmental institutions in this field in the country. Out of the governmental institutions one exists by the President (Deputy Secretary to the National Security Council in Human Rights Protection Issues), the second is set up in the Parliament (Human Rights Protection Committee), and the third institution discharge its functions independently (Public Defender).
The Deputy Secretary to the National Security Council in Human Rights Protection Issues interferes less actively with violations of prisoners' rights and other daily problems arising in Human Rights protection field though it is worth mentioning that she actively works on the parole issues and petitions before the President. Moreover, owing to her efforts our organisation was enabled to conduct jointly with her monitoring of the temporary arrest places at police stations and hold seminars for policemen on the problems of Human Rights protection.
Human Rights Protection Committee is mainly concerned with violations of prisoners' rights and other daily problems related to Human Rights protection. While this certainly is important but it is also to be admitted that the principle obligation of the committee should be legislative analysis and recommendations pertaining to Human Rights protection.
The Institution of Public Defender has been established since 1997, but unfortunately it failed to promote a fundamental change in improvement of the unfavorable situation of Human Rights protection. The Georgian state authorities tended from the very beginning to confine this institution within the political conjuncture. The aforementioned is also apparent from the fact that the first Public Defender was appointed a former general of police and after his resignation an active politician (Deputy Chief of the Socialists Party). In this context our pretension refers not to the personalities but to the state approach towards a most important institution of Human Rights protection. Moreover, the NGOs proposed experienced and authoritative candidates known in Human Rights protection field that were rejected by the officials at the material time.
Especially unfavorable state of affairs is at the temporary arrest places. Under the legislation a right to unhindered monitoring of the places of deprivation of liberty is vested with the Public Defender. According to Articles 18-19 of the Organic Law "On Public Defender" "the Public Defender examines the situation of Human Rights protection at the places of temporary arrest, preliminary detention and other places of deprivation of liberty; meets and talks in private with the arrestees, detainees and sentenced persons; examines the documentation confirming the legality of their placement in the relevant establishment". Moreover, Article 27 of the same law reads as following: "the Deputy Public Defender and the employees of the office exercise the competence or its part guaranteed by Articles 18-19 under the special mandate of the Public Defender".
In case of proper exercise of this authorisation a certain progress can be attained in terms of the protection of Human Rights at the places of temporary arrest. It is regrettable that the power vested with the Public Defender under the legislation has not been exercised effectively. It is generally to be mentioned that the international organisations provide considerable assistance to the Public Defender's Office, though this assistance has not been reflected upon the extent of effectiveness of the institution yet. But certainly we welcome any assistance on the part of interested foreign organisations and individuals to the Public Defender's institution.