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2007 Assessment

Georgia: Integrity Indicators Scorecard

Georgia: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	57
54	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: Constitution of Georgia Law on Public Defender

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Constitution of Georgia Law on Public Defender

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: The ombudsman is rather independent in Georgia, yet the government is trying to influence the agency. Most recent relevant information was when Parliament refused to hear the by-annual report at the end of last year, while another report in May 2007 was heard in an empty hall.

References: March - May, 2007, all media reports in Georgia Interview with the chairman of the Georgian Young Lawyres' Association, Giorgi Chkheidze

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: The law is rather strict on that, and without his resignation he cannot be removed.

References: There are no such reports.

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: Due to serious efforts and support from OSCE and UNDP, there were series of trainings and qualification programs, and the level of professionalism of the staff members is gradually increasing. The problem is the small number of the staff.

References: Interview with the chairman of the Georgian Young Lawyers Association Giorgi Chkheidze; Interview with Publisher of daily Rezonansi, Lasha Tugushi

Peer Review Comments: Another problem is that quite a bit of hiring that took place within the agency was done informally, with people in the upper management bringing their own people on board.

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: In the last four years, there has been only one case of interference, when the deputy to the public defender was appointed. That person is not serving in that position anymore.

References: There have been no reports of abuse.

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: Funding is regular. The problem is inadequacy of the budgetary allocations to the office, as opposed to the constant increase of allocations for law enforcement and other state agencies.

References: Law on State Budget. There have been no report on delays.

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: The ombudsman always publishes by-annual reports.

References: See www.publicdefender.ge

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The ombudsman does not have such an authority. He can only send recommendations to the law enforcement to start investigations.

References: There have been no reports.

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The ombusman does not have such an authority granted by law.

References: There have been no reports.

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments: There are exceptions in minor cases of administrative violations.

References: There have been no media reports as to the actions of government on the ombudsman's complaints. For follow up investigations read the reports of the ombudsman.

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: Due to limited human and financial resources, there are significant delays in response and timing. The problem has been acknowledged by the Ombudsman in his reports.

References: Reports of the Public Defender of Georgia from 2005 and 2006

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: Constitution of Georgia Law on Public Defender

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: www.ombudsman.ge

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: www.ombudsman.ge