Box 22.11 The Ombudsman’s Powers of Inspection in the Czech Republic, Georgia, and Lithuania551 Czech Republic According to Act No. 349/1999, the ombudsman is entitled to carry out his or her own inquiry and to propose remedial measures to the relevant state bodies; in case of non-acceptance of a proposal, the ombudsman is entitled to make the case public and to request that measures be taken by a superior or the government. The chief inspector of human rights is entitled to perform all types of inspections inside the armed forces and to propose remedial measures. Georgia Art. 18 of the Law on the Public Defender of Georgia While carrying out an investigation, the public defender shall enjoy the following rights: • To have access to any public authorities, national or local, enterprise, organization, or institution, including military units … without impediment; • To demand and receive from public authorities, national or local, public and private enterprises, organizations, or institutions, as well as from public officials and legal persons, any information, document, or other material required for investigation; • To obtain an explanation on the issue from any public official; • To carry out expert examinations and to make findings through state and/or non-state organizations; to invite experts to conduct examinations and render advisory services. Lithuania The ombudsman has the power to request information necessary for any investigation, to enter institutions (including military premises) and companies to conduct onsite inspections and to request explanations. 551
What is the outcome of an investigation by an ombudsman? Once an investigation has been completed, the ombudsman has the power to make recommendations to eliminate improper conduct, including demanding a change in policy or the adoption of certain measures to ensure that there is no recurrence. He or she may also refer a matter to the authority responsible for initiating criminal or disciplinary proceedings (see Chapter 20, “The Responsibility of Commanders and Individual Accountability”, and Chapter 21, “Discipline and Military Justice”). In most states, ombudsman institutions do not have binding adjudicative powers; instead, they rely on persuasion. Their recommendations are not binding and may not overturn decisions of the military or civil justice systems; however, ombudsmen’s recommendations carry significant political weight and moral authority (see Box 22.12). What elements are contained in an ombudsman’s annual report? In addition to recommendations, an ombudsman has the power to issue public annual reports. In each report, addressed either to the Parliament (e.g., Finland, Lithuania, Poland) or to the government (e.g., Canada), the ombudsman describes the problems faced by servicemen and the status of the relations between the ombudsman’s office and the chain of command. Box 22.12 describes the elements often included in an ombudsman’s annual report.
551 ODIHR-DCAF questionnaire, question 4.d; Law on the Public Defender of Georgia, <http://www.ombudsman.ge/eng/laws/1.html>.
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