Memorandum of Understanding to ensure effective defense of the procedural rights of the accused

13 November 2021

As a result of a long and fruitful work, we have reached a very important agreement with the Prosecutor's Office of Georgia, the Ministry of Internal Affairs and the Legal Aid Service. According to the Memorandum of Understanding signed on November 12, 2021, by the Chairman of the Bar Association, Davit Asatiani, the Prosecutor General, Irakli Shotadze, the Deputy Minister of Internal Affairs, Alexander Darakhvelidze and the Director of the Legal Aid Service, Rajden Kuprashvili:
•    The Ministry of Internal Affairs of Georgia will elaborate and implement internal instructions, according to which the investigators will be instructed not to make a recommendation to the detainee regarding the hiring of a specific lawyer;
•    The Prosecutor's Office of Georgia will develop and execute an internal instruction, according to which, from the moment of negotiation of the plea agreement, the accused will be given a reasonable time (less than 24 hours) to invite a lawyer (defense by agreement) and only then defense at state expense will commence;
•    The Legal Aid Service (LAS) will develop and implement internal instructions for public attorneys, according to which, in case of elimination of the basis of compulsory protection at the expense of the State in the plea agreement (defense by agreement), public attorneys apply to LAS with dismissal request for that case.

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