SEPTEMBER, 2015 MONTHLY NEWSLETTER

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THE CASE OF DEVELOPMENTS SURROUNDING SO-CALLED THE JUDGMENT OF THE CONSTI- “NARUSHILOVKA” The programs of Rustavi 2 TV sta- TUTIONAL COURT ON THE CASE tion – P. S . and Archevani – have OF GIORGI UGULAVA publicized videos that a former senior lieutenant of the police, Judge merab turava’s failure to show up and refusal Giorgi Babunashvili, handed to to sign the judgment the Timer news agency and the Kronika+ newspaper. [page.3] >> case if they had spent a total of nine months under imprisonment CASES OF ALLEGED after being indicted in EXCEEDING OF this case or sufficient POWERS BY LAW ENFORCEMENT grounds for their in- OFFICERS dictment had been On September 10, 2015, family revealed in any case members and relatives of Roman being prosecuted Kekiashvili who gathered in front against them. of the police station in Kobuleti It should be noted that protested his detention and de- SHUTTERSTOCK the announcement of clared that law enforcers had planted a narcotic substance on On September 15, 2015, the Consti- the judgment was postponed, and him. tutional Court of passed a it was announced on September [page.5] >> judgment on the case of Citizen of 16, 2015, instead of September 15, Georgia Giorgi Ugulava v. Parliament 2015. According to the statement of XENOPHOBIC of Georgia, by which it found uncon- the Constitutional Court, the post- EXPRESSIONS OF stitutional the normative content ponement of the announcement of POLITICIANS NGO Media Development Foun- of Part 2, Article 205 of the Code of the judgment was caused by health dation (MDF) has accused Irma Criminal Procedure of Georgia which condition of one of the judges, Mer- Inashvili, a candidate for the posi- allowed continued imprisonment of ab Turava. On September 16, 2015, tion of majoritarian MP of Sagare- a defendant in a concrete criminal members of the Constitutional Court jo from Patriots’ Alliance, of xeno-

TO BE CONTINUED >> phobia. [page.7] >> 2 SEPTEMBER, 2015

<< BEGINNING personally met with Mr. ciplinary Issues of the Constitutional refusal to sign a judgment, which is a Turava who was in a medical clinic, Court of Georgia, so that it would study violation of the judge’s constitutional though he refused to sign the judg- them and prepare a corresponding obligation, cannot hinder the Court ment. Due to the aforementioned, the opinion. The Court also released an- from fulfilling its constitutional obli- actions of Merab Turava were referred other statement which indicates that, gation to pass, sign, and announce to the Commission on Ethics and Dis- according to the applicable law, the the judgment.

PRESSURE ON THE CONSTITUTIONAL COURT the ongoing developments are particu- larly noteworthy. According to Gia Vol- ski, Chairman of the faction in the Parliament of Georgia, “The Constitutional Court and its Presi- dent Papuashvili personally have taken part in a well-staged performance of the UNM; the trial at which Ugulava was supposed to get a final sentence was scheduled for tomorrow.” The Speaker of the Parliament, Davit Usupashvili, does not see a problem in the protest rallies SHUTTERSTOCK related to the Court’s judgment and calls on the judges to respect freedom The judgment of the Constitutional Court in the case of of expression. In the opinion of the Constitutional Court, former Mayor of , Gigi Ugulava, was followed by the said statement may be perceived as justification and varied reactions of representatives of the public and the encouragement of the pressure on the judges and their authorities. family members. According to the comments by Tamar On September 18, 2015, the Constitutional Court re- Sanikidze, the Minister of Education and Science, “the leased a statement that indicated that “various groups judgment of the Constitutional Court does not constitute continue to gather in front of private residences of judges the grounds for releasing the former mayor of the capital, and voice intimidating statements and appeals for phys- Gigi Ugulava, from imprisonment” and ”it is unclear and ical violence toward judges and their family members. comical that the UNM has started finding laws adopted Such acts endanger the safety of judges of the Consti- under their government unconstitutional.” And the Pres- tutional Court and their family members.” Accordingly, ident of Georgia perceives these developments as an at- the Court called on law enforcement bodies to respond tempt to politicize the trials. to the aforementioned acts in a timely manner. Howev- The civil society sector also responded to the ongoing er, according to the President of the Constitutional Court, developments. Non-governmental organizations gave a George Papuashvili, the protests were not stopped, the strictly negative assessment to the recent statements of responsibility for which lies on the authorities. It should political officials about the Constitutional Court of Geor- be emphasized that the applicable legislation prohibits gia and to the inappropriate response of public bodies holding a protest in front of a judge’s private residence. to the threats against judges and their family members,

The comments of representatives of the authorities on which, in their opinion, may be perceived TO BE CONTINUED >> 3 SEPTEMBER, 2015

<< BEGINNING as an attempt to exert pressure on the Court. respectful and legal manner. The privacy of the judges These organizations support the judgment and the re- and their families has to be respected.” leased statements of the Constitutional Court and call It should be noted that on September 17, 2015, after the upon all political actors to refrain from statements that announcement of the judgment of the Constitutional bring discredit on the judiciary and may be perceived as Court and on the basis of a motion of the lawyers of Gigi an attempt to exert influence on judges or to interfere Ugulava, the Tbilisi City Court released Mr. Ugulava from with their activity. pre-trial detention, while at a session held on the next The instances of pressure on the judges of the Consti- day, on September 18, 2015, the Court found him guilty tutional Court and their family members were also fol- in the cases concerning the territory of Rike and Tbilser- lowed by a statement of the President of the Venice Com- vice Group and sentenced him to imprisonment for a pe- mission who noted that “criticism should be voiced in a riod of four years and six months.

MP GIORGI GVINIASHVILI IS ASSAULTED PHYSICALLY On September 14, 2015, vine-growers of Kakheti held a protest in Gurjaani. An MP from the United National Movement, Giorgi Gviniashvili, who was

at the protest was hit in the face and assaulted ver- SHUTTERSTOCK bally by a stranger. The MP linked this incident to a statement of the Prime Minister of Georgia. Specif- THE CASE OF SO-CALLED ically, before the said incident, when talking about “NARUSHILOVKA” problems that had emerged regarding the price of The programs of Rustavi 2 TV station – P. S . and Archevani grapes, commented on the activi- – have publicized videos that a former senior lieutenant ties of Mr. Gviniashvili as the former Governor of Kak- of the police, Giorgi Babunashvili, handed to the Timer heti and appealed to law enforcement bodies to get news agency and the Kronika+ newspaper. According rid of “these provocateurs”. He said that “it’s absolute- to the videos, private persons – close relatives of various ly impermissible that a discredited organization like public officials, including the brother of Levan Izoria, as the National Movement goes there together with well as those of Bidzina Ivanishvili – possess special vi- 20-30 people and is planning to create tension in the olation permits, the so-called “narushilovka”. This permit population by intrigues and provocations.” is issued for a definite term for the purposes of conduct- According to news reports, the person who assault- ing special operations, in accordance with an established ed the MP physically is an activist of Georgian Dream. procedure. The patrol police are not entitled to stop, He was detained by the police, but was released on search, administer an alcohol test on, or ask the name of the same day on the basis of a written promise not the holder of this permit. The special permit is issued on to repeat the offense. The investigation is underway the basis of an order of the Minister of Internal Affairs. under Part 1, Article 125 of the Criminal Code (bat- It should be noted that, apart from the special permits, tery or other violence that has caused physical pain the disseminated videos show instances of physical as- of the victim but has not been followed by intention- sault on citizens by high-ranking police officials. They al less serious damage to health). also depict instances of exceeding of TO BE CONTINUED >> 4 SEPTEMBER, 2015

<< BEGINNING official powers by police officers. Giorgi Babunashvili says he was dismissed from the DEVELOPMENTS Ministry of Internal Affairs due to the well-known footage related to Davit Tsinaridze. He also notes RELATED TO PRIME that he has been threatened for disseminating the MINISTER’S VISIT videos and that he is seeking a political asylum in one of the European states. TO OZURGETI After the dissemination of the videos, the Minis- On September 15, 2015, in connection with the Prime ter of Internal Affairs, Giorgi Mgebrishvili, issued Minister’s visit to Ozurgeti, three activists of the Unit- an order invalidating the special permits that had ed National Movement and Free Zone spread a banner been issued on the basis of a corresponding or- inscribed “Government is a liar” over a building on the der of 2009. town’s central square. For this reason, law enforcers de- According to the statement released by the Minis- tained the activists (Davit Mzhavanadze, Head of the try of Internal Affairs, the Ministry has launched an Ozurgeti Regional Bureau of the UNM; activists of Free investigation regarding the aforementioned videos. Zone: Ilia Malazonia and Beso Katamadze) and removed In the case of identifying a violation, the General In- the banner. The law enforcers draw up a protocol on ad- spection of the MIA will respond appropriately. ministrative offence about the detainees for the follow- ing offence: “unauthorized performance of various types of inscriptions, paintings, and symbols on the facades THE COUNCIL OF THE of buildings, showcases, fences, pillars, trees and plants, GEORGIAN CHAR- as well as placement of posters, slogans, and banners in places that are not allocated for this purpose, committed TER OF JOURNALIS- repeatedly.” The detainees were released as soon as the TIC ETHICS GRANTS Prime Minister’s visit was over. THE COMPLAINT OF The Ozurgeti District Court acquitted the detained MDF, GDI AND TDI activists. The same visit of the Prime Minister is also related to an AGAINST GURIANEWS alleged instance of interference with journalistic activity. The complaint of the aforementioned organ- Specifically, according to Irakli Vachiberidze, a journalist izations dealt with the article entitled Turkish of Maestro TV, he was subjected to pressure by the Chief Cultural Expansion Goes On by G. Gachechi- of the Guria Regional Division of the MIA, Koba Tserts- ladze that was published on gurianews.com vadze, because he had asked Irakli Garibashvili a ques- on August 8, 2015. In the opinion of the appli- tion about the detention of the aforementioned per- cants and according to the conclusion of the sons. The journalist has explained that K. Tsertsvadze did Council of the Georgian Charter of Journalis- not allow him to hear the Prime Minister’s answer and tic Ethics, publication of the article violated threatened him with “physical elimination”. Principle 7 of the Charter of Journalistic Ethics According to the statement of the Minister of Internal according to which “Journalists must under- Affairs, the General Inspection of the MIA is ready to stand the dangers of encouraging discrimina- launch an investigation on the basis of the journal- tion on the part of the media; therefore, they ist’s application and, if the violation is confirmed, to must exert every effort to avoid discrimina- respond appropriately. However, as we are faced with tion of any person on the basis of race, sex, signs of a possible crime rather than a violation com- sexual orientation, language, religion, politi- mitted by an official of the Ministry of Internal Affairs, cal and other opinion, national or social ori- the case must immediately be investigated by the gin, or any other grounds.” At present, the said Prosecutor’s Office, not by the General Inspection of article has been removed from the website. the Ministry of Internal Affairs. 5 SEPTEMBER, 2015

CASES OF ALLEGED EXCEEDING OF POWERS BY LAW ENFORCEMENT OFFICERS On September 10, 2015, family members and relatives planted on G. Makhinia by the law enforcers. of Roman Kekiashvili who gathered in front of the po- The detainees’ lawyer and relatives believe that the po- lice station in Kobuleti protested his detention and de- lice were deliberately trying to arrest him by all means clared that law enforcers had planted a narcotic sub- possible. This doubt is exacerbated by the fact that the stance on him. police had also conducted a search of the defendant’s The relatives of R. Kekiashvili accuse the Deputy Chief of apartment two or three months before, during which the Kobuleti Division of the Ministry of Internal Affairs, they found no prohibited items. Irakli Shakarashvili, of exceeding his powers. According to them, the detainee was given a drug test which failed to confirm the consumption of a narcotic substance. On September 23, it became known that officers of the State Security Service had illegally detained a mi- nor: the 16-year-old girl declares that in the evening of On September 8, 2015, the police conducted a special August 16, 2015, she was abducted by officers of the operation on Saint-Petersburg Street in Tbilisi. Citizens State Security Service and held all night in the “Mod- who witnessed this fact declare that the police officers ule” building. According to the girl, she was forced to exceeded their powers. watch a video showing members of the so-called Is- One of the leaders of the Association of Young Human lamic State beheading people. She said that officers Rights Advocates, Nika Memanishvili, who was also on of the State Security Service were demanding that she the scene of the incident, declares that the exceeding of confess to being aware of her brother’s intention to go powers by the law enforcers was manifested in aggres- to Syria. The girl’s brother, Davit Pirisebia, was arrested sion and verbal and physical assault on citizens who had on the charges of becoming a member of the terrorist witnessed the special operation. organization. The underage girl’s aunt, Seva Pirisebia, states that her niece has been unable to sleep normally since the The relatives of Giorgi Makhinia who was detained in the abduction. The girl was also dismissed from job – the town of Ozurgeti on September 23, 2015, also blame law owner of the café-bar where she worked said he didn’t enforcers for exceeding their powers. According to them, need problems. under suspicious circumstances, while police officers The civil society sector has appealed to the Chief Pros- were searching the defendant’s apartment, they found ecutor of Georgia, Giorgi Badashvili, with a request to military ammunition – cartridges of firearms – which launch an investigation into this fact, although infor- does not belong to the defendant. The detainee’s rela- mation about launching of investigation is yet to be tives and neighbors state that the said cartridges were disseminated.

LAWYER’S FAMILY IS ATTACKED BY ARMED PEOPLE IN KHONI On September 2, 2015, the family of lawyer Robinzon cording to the victims, the attackers took valuables and Khurtsilava was attacked by several persons armed with gold jewelry from the house. Due to the grave condition firearms in the village of Matkhoji, Khoni Municipality. The of lawyer R. Khurtsilava, which was manifested in facial attackers physically assaulted the lawyer and his wife. Ac- bone fractures and injuries on other parts TO BE CONTINUED >> 6 SEPTEMBER, 2015

<< BEGINNING of the body, he was operated on immediately. R. Khurtsilava was a lawyer of Levan Bobokhidze, a broth- er of Akaki Bobokhidze who is an MP from the United Na- tional Movement. His activity is related to the restoration of two illegally dismissed public servants of the Khoni Municipality to their jobs. One of them is the sister-in-law of Akaki Bobokhidze – Mrs. Khatuna Bakhtadze, and the other is Ms. Natia Kutaladze who was dismissed from job during a pregnancy leave. The Khoni District Court found the dismissal of both persons unlawful and restored SHUTTERSTOCK them to their positions. The MP from the majority of the Parliament, Akaki Bobokhidze, has linked the incident to GROUP OF the professional activity of R. Khurtsilava and called on the authorities to investigate the crime effectively. GEORGIAN RACISTS On September 21, 2015, an Internet user “Georgian STATEMENT OF CIV- Ultras” disseminated a video on the social network IL PLATFORM “NO TO which depicts a group of persons physically assault- PHOBIA!” REGARDING ing people walking in the street. The description of the video indicates the following: “Bergman against THE REPORT OF CHAIR- negroes”. As shown by the video, the said Georgian PERSON OF GEORGIAN racist group targets persons of color, as well as Turks DREAM – DEMOCRATIC and Arabs. GEORGIA FACTION OF In connection with the disseminated photo and vid- eo, non-governmental organizations comprising the THE TOWN COUNCIL OF civil platform “No to Phobia!” released a joint state- KHULO MUNICIPALITY ment. The statement emphasized the threat that xen- The organizations comprising the civil platform “No ophobia and racism, and especially their extremist to Phobia!” have released a joint statement regard- manifestations, pose to everybody. “At such a time, it ing a document published on the official website of is extremely important that law enforcement bodies the Town Council of the Khulo Municipality – in par- respond to offenses motivated by discrimination and ticular, the report of the Chairperson of the Georgian hate in a timely and effective manner and that they Dream – Democratic Georgia faction. In the opinion of have an adequate perception of the significance and the signatory organizations, the document published sensitivity of the issue.” The authors of the statement on the agency’s official website contains hate speech called upon the Ministry of Internal Affairs to identify and armenophobic expressions, which contributes to the aforementioned group in a timely manner and to inciting xenophobia and hate in society. In particular, take all reasonable measures to prevent violence in the report mentions the Armenian nationality in a neg- the future. ative context in relation to , which According to the statement released by the Ministry is followed by severe criticism of Mr. Saakashvili. Thus, of Internal Affairs on September 29, 2015, officers of the document presents a concrete ethnic affiliation as Police Station No. 7 of the Old Tbilisi Police Division a shameful phenomenon. It should be noted that the detained two persons in connection with the afore- document is still accessible on the Web, though the text mentioned fact on the charges of racial discrimination. has been corrected and it now mentions “former presi- The investigation is underway on the charges of racial dent” instead of “Armenian Saakyan”. discrimination committed by a group of persons. 7 SEPTEMBER, 2015

XENOPHOBIC EXPRESSIONS OF POLITICIANS NGO Media Development Foundation (MDF) has accused Irma Inashvili, a candidate for the posi- SHUTTERSTOCK tion of majoritarian MP of Sagarejo from Patriots’ Alliance, of xenophobia. To confirm its accusation, DEATH OF AN the MDF refers to statements made by Irma Inash- INMATE vili in the Gamis Studia program on Obieqtivi TV on On September 9, 2015, G.Ch. (b. 1987) died in August 13, 2015. Penitentiary Institution No. 8. According to the official statement of the Ministry of Corrections “Iranians have taken our land; they took it on lease, and Probation, the inmate fell suddenly on the multi-year lease, and we are their employees. How territory of the institution; he was immediately can we be so incapable that we can’t take care of our given medical assistance and rushed to Medi- land? Or why is it so difficult to develop legislation cal Institution No. 18, though the inmate could that will ensure that the Georgian land is owned by not be saved. ? ... Let’s count how many thousands of According to the same statement of the Minis- hectares of land the Iranians have taken on lease, try, G.Ch. passed the last medical examination in Sagarejo for example, and how many Georgians on August 4 this year. The medical card says work on that land as slaves. And what about pas- that the inmate was practically healthy and was tures? Who owns the pastures? ... OK, thanks a lot, not undergoing any medication treatment. In- but they are bringing workforce from China and In- vestigation into the fact has been launched dia for free.” under Article 116 of the Criminal Code (mur- In the same program, the host, Bondo Mdzinarishvili, der of negligence). The forensic examination says: “Without any kind of xenophobia, I argue that has also been scheduled. when a Kakhetian man works as a farmhand for Irani- ans, it is a catastrophe, a national catastrophe.” THE ISSUE OF

On September 9, 2015, a member of the parliamenta- CONSTITUTION- ry majority, Gogi Topadze, when asked by the iPress ALITY OF BY-ELEC- news agency whether the decrease in imports would contribute to balancing the trade deficit, replied: TIONS IN MAJORI- TARIAN DISTRICTS “There were 5.5 million people in Georgia several years ago, and did we lack anything? Vegetables, On August 31, 2015, the Central Election Com- fruit or canned products? Why should we be buying mission (CEC) of Georgia adopted a decision Turkish chicken which, according to the warnings, on holding by-elections in the districts of cause impotence in men? We have sold a lot of land Sagarejo no. 11 and Martvili no. 65. The CEC to the Chinese, Turks, and Iranians... We have driven will also hold elections of the local represent- out our peasants.” ative bodies – town councils – in the election districts of Dmanisi, Vani, Khobi, TO BE CONTINUED >> 8 SEPTEMBER, 2015

<< BEGINNING and Sagarejo. By the decision of the CEC, the 73 election districts with a single mandate. In the opinion elections will be held on October 31, 2015, with the ma- of the experts of constitutional law, the CEC announced joritarian election system. elections in districts that no longer exist in accordance Experts of constitutional law have responded to the with the judgment of the Constitutional Court. They be- aforementioned, saying that the decision of the CEC is lieve that the CEC’s decision, as well as elections held on unconstitutional. Their opinion is based on the May 28, the basis of this decision, contradicts the judgment of 2015 judgment of the Constitutional Court of Georgia the Constitutional Court and, accordingly, the Constitu- on the case of Citizens of Georgia Ucha Nanuashvili and tion of Georgia. The experts call on the Public Defender Mikheil Sharashidze v. Parliament of Georgia. The Consti- of Georgia, one fifth of MPs, and the tutional Court granted the said complaint and found un- to apply to the Constitutional Court of Georgia so that constitutional the norms of the Election Code that estab- it will assess the constitutionality of the aforementioned lished the procedure of delineation of the boundaries of decision of the CEC.

THE SUPREME COURT RELEAS- ES BASIC STA- TISTICAL DATA

SHUTTERSTOCK ON EXAMINA- TION OF CASES ALLEGED SURVEIL- IN COMMON LANCE ON JOURNALIST COURTS On September 8, 2015, journalist Eka Mishveladze talked The statistical data released by the Supreme Court about possible surveillance on her in a program on the Rusta- encompasses the first eight months of 2015 and vi 2 TV station, stating that the relevant services knew about concern criminal and administrative cases, as well the relationship between her and politician Aleksi Petriashvi- as civil and tax disputes. li earlier than the adviser to the Director General of the Public Of the 3,125 cases examined on the merits dur- Broadcaster. It should be emphasized that Eka Mishveladze’s ing the first eight months of 2015, the courts of authorship program on the Public Broadcaster – Pirveli first instance delivered an acquitting verdict in Studia – was closed, which has been attributed to the rela- relation to 123 persons, while 73 persons were tionship between her and Aleksi Petriashvili. In connection partially acquitted. The appeals courts admitted with the aforementioned, member organizations of the “This 1,118 criminal cases, and a condemning verdict concerns you – they are still listening to us” campaign has was replaced with an acquitting verdict in rela- released a statement. They called on law enforcement bod- tion to 13 persons. As for cassation complaints, ies to launch an investigation on the basis of the journalist’s the Supreme Court examined 405 of 446 criminal public statement without delay and to identify the offenders. cases it had admitted and acquitted 6 persons. The Personal Data Protection Inspector has also responded The common courts of Georgia deliberated on to this fact. In her opinion, “public statements about inter- the application of a measure of restraint in 7,910 ference with private life like this should not be left without cases, and they applied incarceration as a meas- attention on the part of the law enforcement agencies.” ure of restraint in 2,453 cases. The TO BE CONTINUED >> 9 SEPTEMBER, 2015

<< BEGINNING majority of measures of restraint (60.1%) constitute bail. The courts of first instance granted motions regarding a plea bargain in relation to EIGHT-MONTH- 6,360 persons. The majority of such cases were PREGNANT WOMAN decided without examination on the merits. In DISMISSED FROM total, in comparison with the data of the same period of 2014, a plea bargain was concluded AKHMETA MUNIC- with 15.6% fewer people. As for eavesdropping, IPAL ADMINISTRA- during the first six months of 2015, 178 of 217 motions regarding eavesdropping and record- TION APPLIES TO ing of telephone conversations were granted in COURT the courts of first instance. According to news reports, the Public Defender’s Of- According to the data of eight months of 2015, fice has not yet responded to the case of Ana Akha- there are 9,685 convicts in the country; of these, lauri that concerns her illegal dismissal from job, due 3,040 persons had been sentenced to depriva- to which she has applied to a court demanding a tion of liberty, while parole had been applied in pregnancy leave. As is known, the Head of the Mu- relation to 4,446 persons. nicipal Administration of Akhmeta, Beka Baidauri, dis- The number of complaints in civil cases admitted missed an employee of the Municipal Administration, by the courts of first instance amounts to 32,553, eight-month-pregnant Ana Akhalauri, from her job on while the figures of administrative and tax cases August 14, 2015. A day before, Mrs. Akalauri had writ- admitted by them amount to 13,328 and 1,523, ten an application demanding a pregnancy leave. respectively.

THE MINISTRY OF INTERNAL AFFAIRS RELEASES CRIME STATISTICS OF AUGUST 2015 AND JANUARY-AUGUST 2015 August, 43% of which have been solved. As for the statistics of January-August 2015, the number of reg- istered crimes has decreased by 1,123 compared with the same period of 2014. In August, the figures of cases of domestic violence (an increase by 77.78%), rape, and crimes against sexual freedom and inviolability have increased considerably compared with the statistics of the same month of last year. The figures of the following crimes have also increased considerably: illicit ship- SHUTTERSTOCK ment of psychotropic substances, exceeding of of- On September 17, 2015, the Ministry of Internal Af- ficial powers, entrepreneurial and economic crimes, fairs of Georgia released the statistics of crimes regis- crimes against family and minors. As for the afore- tered in August and in the period of January-August mentioned statistics of eight months, the number this year. According to the data of all the investigative of robberies has increased considerably compared agencies, a total of 3,402 crimes were registered in with the data of 2014. 10 SEPTEMBER, 2015

THE OFFICE OF THE INTERNATION- PERSONAL DATA PRO- AL DAY FOR TECTION INSPECTOR DEMOCRACY DEVELOPS RECOM- September 15 is the International Day for MENDATIONS ON ON- Democracy which was proclaimed by the LINE PRIVACY UN General Assembly in 2007. In connec- tion with this day, a special exhibition was The Office of the Personal Data Protection Inspector has held in the Tbilisi Palace of the Parliament developed recommendations on online privacy for Inter- of Georgia. On the invitation of the Speak- net users and Internet service providers. The recommen- er of the Parliament of Georgia, the exhibi- dations are aimed at raising the consciousness – informing tion of attended by members of the Parlia- the persons of the aforementioned categories of the risks ment and representatives of the diplomat- and rights related to the use of the Web. The Inspector’s ic corps, non-governmental organizations, Office developed special guidelines for Internet service and the media. providers and Internet users.

THE PRESIDENT CHANGES TO SIGNS DRAFT LAW ON THE LAW OF THE NATIONAL BANK GEORGIA ON VETO ON WHICH WAS THE PROSECU- OVERRIDDEN TOR’S OFFICE The President of Georgia, , has On September 28, 2015, changes to the Law signed the draft Law on Changes to the Organic Law of of Georgia on the Prosecutor’s Office entered Georgia on the National Bank, the veto on which was into force. The draft law had been developed overridden by the Parliament. and submitted to the Parliament for approv- According to Davit Pataraia, Head of the Presidential al by the Government of Georgia, under the Administration, the President of Georgia continues to authorship of the Ministry of Justice. disagree with the package of laws adopted in connec- The changes envisage the creation of the tion with the National Bank. Moreover, he believes that Prosecutorial Council that will comprise the overriding of the veto by the Parliament was a seri- certain persons chosen by the civil society ous mistake, though the President would only have re- sector, in addition to representatives of the fused to sign the law veto on which was overridden if, executive and legislative branches of gov- in his opinion, this law or any of its norms contradicted ernment. The main functions of the Council a basic, fundamental value. According to D. Pataraia, will be as follows: appointment of the ad hoc “This was not the case here.” prosecutor; approval of the candidate for The Parliament overrode the veto on the aforemen- the position of the Chief Prosecutor and sub- tioned draft law on September 3, 2015. The changes mission of a proposal/submission on his/her to the organic law provide for the separation of the dismissal from office to the Government and Supervision Service from the National Bank and its for- the Parliament within the limits of the Coun- mation as an independent agency. cil’s competence; conducting disciplinary

legal proceedings against the TO BE CONTINUED >> 11 SEPTEMBER, 2015

<< BEGINNING Chief Prosecutor; hearing the re- ports of the Chief Prosecutor/Deputy Chief CHANGES TO THE Prosecutor on the activity of the bodies of PROCEDURE OF THE the Prosecutor’s Office and carrying out oth- er functions envisaged by law. DRUG TEST In addition to the Prosecutorial Council, the On September 30, 2015, the Minister of Internal Affairs of changes also envisage the creation of the Georgia issued an Order on Approval of Instruction on Bring- Prosecutorial Conference which constitutes ing a Person for Examination with the Aim of Ascertaining an assembly of prosecutors of Georgia and the Fact of Consumption of a Narcotic and/or Psychotropic investigators of the Prosecutor’s Office of Substance. The changes concern the procedure of the drug Georgia. The powers of the Conference will test. In particular, the changes have specified the circum- be the selection of prosecutor members of stances in which law enforcement officers are entitled to de- the Prosecutorial Council. mand that a person undergo a drug test: In accordance with the draft law, the Chief ●● if the officer has witnessed the fact of commission of Prosecutor will be appointed to office for a an illegal act; period of six years, and it will be prohibited to elect the same person twice to this position. ●● if the person tries to hide or avoids the fulfillment of In addition, the legislative changes introduce a lawful demand of the officer while the police is car- the institution of the ad hoc prosecutor who rying out police actions envisaged by law and there will be appointed in the case of sufficient are sufficient grounds to assume that the person has grounds to assume that the Chief Prosecutor consumed a narcotic and/or psychotropic substance has committed a crime. The function of the or is under the influence thereof; ad hoc prosecutor will be to prepare a legal ● if there is information obtained as a result of intel- opinion on the culpability of the Chief Pros- ● ligence activity or a covert investigative action in ecutor and to submit it to the Prosecutorial the manner established by the Georgian legislation; Council. a notification received by LEPL “112” of the Ministry The draft law lays out the procedure of ap- of Internal Affairs; or information about illegal con- pointment and dismissal of the Chief Prose- sumption of a narcotic and/or psychotropic sub- cutor which involves the Prosecutorial Coun- stance by a person that was provided directly to a cil, as well as the Government and the Parlia- police officer by an identified source. ment. According to the explanatory note to the At first, the authorized person should offer the person to take draw law, when developing the changes, a drug test voluntarily on the expense of the state. In the case the Government aimed to take into consid- of refusal, the law enforcer is entitled to detain the person for eration the reports and recommendations of an administrative offence and to forcibly transfer him/her for international organizations on the shortcom- taking a drug test. The detainee may appeal the action of the ings of the system of the Prosecutor’s Office detainer in a higher body (with an official) or in court in the and on methods of their elimination. manner established by the Georgian legislation.

THIS PROJECT IS FINANCIALLY SUPPORTED BY THE HUMAN RIGHTS FUND OF THE NETHERLANDS’ MINISTRY OF FOREIGN AFFAIRS

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