The Public Defender of Georgia addressed the Speaker of the Parliament of Georgia with a legislative proposal on ensuring communication between imprisoned persons and their children.
“In the interests of justice, the legislation provides for the possibility of the investigator/prosecutor restricting the accused person's communication with the outside world (meetings, telephone conversations, and correspondence). The problem is that the restriction automatically extends to the accused person's minor children, since there is no special rule that would regulate the aforementioned issue.
The Public Defender believes that the right of children of imprisoned parents to have their family life respected should not be restricted blanketly, with more intensity and duration than is necessary to achieve a legitimate goal. Legislation should provide guarantees for the protection of the rights and best interests of the child, as a result of the assessment of the circumstances of each individual case.
The Public Defender, referring to the relevant international standards, considers it appropriate - as a result of the implementation of legislative amendments, to develop a specific rule according to which the investigative body, when making a decision on restricting the right of the accused to communicate with the outside world, would be tasked with allowing the possibility of not extending the restriction to the prisoner’s minor child, considering the best interests of the child, the specifics of the charge and the individual circumstances of the case”, reads the statement released by the Public Defender’s Office.