One of the main directions of the legal aid service is the protection of the rights of prisoners in the disciplinary proceedings.
Legal Aid Service offers free legal consultations to the prisoners for the protection of their rights. They can obtain face to face as well as telephone/online consultations. Legal Aid Service provides free legal representation in the disputes involving prisoner rights in case if the clients are insolvent.
If the persons in detention or imprisonment facilities are charged with the commission of disciplinary violations, they may benefit from free legal aid at the expense of the State if following disciplinary sanctions are considered:
- Placement in a cell for up to 6 month;
- Placement in solitary confinement cell to 14 days.
Defendants or convicts charged with disciplinary violations have the right to:
- Obtain information on the substance of the violation in a language understandable to him/her;
- Have adequate time and facility for the preparation of the defense;
- Benefit from free legal aid in case if the imposed sanction amounts to the placement of cell up to 6 month or solitary confinement cell and the case is examined through oral hearing;
- In case of oral examination of the case, request presence and examination of the witnesses;
- Be provided with the service of the interpreter if he/she does not understand the language of the proceedings;
- In the disciplinary proceedings, the defendant/convict shall be informed of his right to give clarifications, produce evidence, file motions, lodge an appeal against the decree of imposition of the disciplinary sanction;
- The defendant/convict has the right to have lawyer in disciplinary proceedings if the case is heard through oral hearing;
- If the disciplinary violation under consideration is punishable by placement of cell up to 6 month or placement in solitary confinement cell, the defendant/convict shall be informed of his right to lawyer before the start of the oral hearing. In case the lawyer fails to appear, the defendant shall be appointed a counsel at the expense of the State;
- In accordance with the procedure envisaged by law, lodge an appeal against applied disciplinary sanction;
- Enjoy all guarantees envisaged by law in the course of disciplinary proceedings.
- Constitution of Georgia
- European Convention for the rights and fundamental freedoms
- International pact on civil and political rights
- International pact on economic, social and cultural rights
- Code of imprisonment of Georgia
- Law on Legal Aid of Georgia
Scope of Service
In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions:
- Reviews the information and case materials.
- Meets with the client and provides legal advice.
- Analyzes the information related to the case, ensures the collection of evidence and submission with the court for the purpose of successful conduct of the case.
- Represents the client in court.
- Drafts legal documents related to the case – motions, claims, counterclaims, motions complaints, applications.
- Informs the client an in case of necessity his/her legal representative on the course of conduct of the case.