The freedom of lawyers to perform their professional duties and the effective realization of the right to defense are of critical importance for ensuring quality and reliable justice, as well as a fair trial in a democratic society. These principles are guaranteed by the supreme law of Georgia and constitute one of the cornerstones of the criminal justice system.
On 24 June 2025, during the proceedings of a criminal case, the court allowed a situation in which public defenders were mandatorily appointed to the defendants, despite the fact that they already had privately chosen and trusted lawyers who were duly represented and participating in the proceedings.
The judge’s decision creates a dangerous precedent that grossly interferes with the autonomy of the parties, undermines the independence of lawyers, calls into question the trust-based relationship between lawyer and client, and poses a threat to the realization of a fair trial.
The Georgian Bar Association considers that such court decisions not only restrict the defendants’ right to be defended by a lawyer of their own choosing but also discredit the professional role of the lawyer and damage the foundations of fair justice. Moreover, we believe that this practice violates not only the applicable legal norms of Georgia but also runs counter to internationally recognized standards, including the case law of the European Court of Human Rights.
According to the Constitution of Georgia, every person has the right to defend their rights before a court, including through a lawyer of their own choosing. Article 38 of the Criminal Code grants the accused the right to select and change their lawyer at any stage. Article 42 of the Criminal Procedure Code stipulates that only when the defense lawyer fails to appear at a hearing without a valid reason, thereby hindering the proceedings, may the court appoint a public defender on a mandatory basis. However, even in such cases, the defendant’s right to freely choose a lawyer remains intact, and once the chosen lawyer appears, the mandatory public defender must be withdrawn from the case.
The right to freely choose a lawyer is also strictly protected by internationally recognized standards. Article 6 of the European Convention on Human Rights (the right to a fair trial) guarantees the accused the right “to defend himself in person or through legal assistance of his own choosing.” The UN Basic Principles on the Role of Lawyers provide that every accused person has the right to freely choose a lawyer, and states must ensure the realization of this right without any interference or pressure. The case law of the European Court of Human Rights (e.g., Salduz v. Turkey, Artico v. Italy, Croissant v. Germany) emphasizes that the right to defense encompasses a relationship of trust and confidentiality between the accused and the lawyer, and the state must refrain from interfering with this relationship except for narrowly defined and legitimate purposes.
The Georgian Bar Association once again underlines that the relationship of trust and confidentiality between a lawyer and their client is an essential prerequisite for the proper administration of justice. Court decisions concerning the mandatory appointment of lawyers must be based on clearly established legal norms and must not restrict the party’s choice, as this directly guarantees the effectiveness of defense.
The Georgian Bar Association calls upon members of the judiciary to uphold the constitutional and legal standards, to refrain from introducing improper court practices regarding the mandatory appointment of lawyers, and to ensure the full protection of constitutional rights and the highest standards of professional independence.
