For many years, the Georgian Bar Association (GBA) has been steadfastly committed to promoting the rule of law and safeguarding human rights, while upholding the highest standards of professional ethics and integrity.
European integration represents a constitutionally enshrined aspiration of the Georgia. The country’s advancement on this path is therefore of paramount importance for ensuring an independent legal profession and a robust, high-quality judiciary.
Our Western partners and European professional associations have played a significant role in the strengthening of the Georgian legal profession. The Georgian Bar Association is actively working towards the integration of the legal profession into European structures and in this regard, it takes one of the advanced positions among the candidate countries for enlargement, as clearly demonstrated by the election of a Georgian lawyer as President of the European Association of Lawyers. In addition, the Council of Bars and Law Societies of Europe (CCBE), which brings together bar associations from 45 countries and over a million European lawyers, recently reaffirmed its strong support for the GBA by unanimously granting it the status of associate member.
With regard to recent developments in the country, the GBA expresses deep concern over the numerous reports of injuries sustained during public demonstrations and the mass arrests of hundreds of participants, including lawyers who were peacefully exercising their constitutional rights at the time of detention. The practice of detaining individuals who have not personally engaged in unlawful acts appears to be evolving into a form of collective responsibility - an approach incompatible with the principles of justice in a democratic society. Justice must always be administered in accordance with the principle of individual responsibility, whereby each person is held accountable solely for their own actions.
Unfortunately, there have been cases of excessive force and physical violence by law enforcement officials. Despite the Public Defender’s assessment, no official information has been made available to the public regarding any legal response or investigation into these alleged abuses of authority.
The freedom of assembly and expression constitutes a cornerstone of a democratic society and is explicitly guaranteed by the Constitution of Georgia. The Constitution permits the termination of an assembly only if it becomes unlawful. When certain participants exceed the boundaries of peaceful assembly, the authorities are nonetheless obliged to act strictly in accordance with constitutional and international standards, ensuring respect for the principles of proportionality and necessity. Any restrictive measures must therefore be lawful, individual, and proportionate.
The Georgian Bar Association is aware of numerous cases in which lawyers representing individuals detained during the protests were unable to meet with their clients in a timely manner. In most cases, the whereabouts of the detainees were also unknown. Moreover, there have been cases in which lawyers were prevented from participating in investigative actions despite explicit requests by their clients.
The right to defense is unequivocally guaranteed by the Constitution of Georgia. According to “The Law of Georgia on the Advocates”, “An advocate shall have the right to… Meet and communicate personally with a person who has been detained, arrested or placed in other places of confinement without obstacles and control anytime…”. The same principles are reinforced by international mechanisms regulating the legal profession. According to the UN “Basic Principles on the Role of Lawyers “, “Governments shall further ensure that all persons arrested or detained…, shall have prompt access to a lawyer”. In addition, “All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality”.
The Georgian Bar Association firmly believes that the effective administration of justice in a democratic society requires law enforcement authorities to respect the legal profession and to allow lawyers to perform their professional duties without interference or intimidation.
Based on the foregoing, the Georgian Bar Association:
- Calls upon the Ministry of Internal Affairs to act strictly within the scope of its lawful powers when ensuring the exercise of the constitutional rights of assembly and expression, and to guarantee the unhindered performance of lawyers’ professional duties;
- Urges the Special Investigation Service to conduct prompt, thorough, and impartial investigations into each instance of alleged excessive use of force, to establish individual responsibility, and to keep the public duly informed of the results;
- Appeals to representatives of the judiciary to uphold the highest judicial and professional standards in all proceedings, thereby reinforcing public confidence in the justice system.
The Georgian Bar Association further reminds the public that it is currently implementing a pro bono initiative designed to provide free legal assistance by experienced lawyers in cases involving obstruction of professional activities or violations of the rights to freedom of assembly and expression. Within this framework, qualified legal assistance has already been extended to numerous lawyers and other individuals detained across the country.
The Georgian Bar Association reaffirms its unwavering commitment to ensuring the protection of lawyers’ professional rights and to providing high-quality legal support to all citizens.
