The United Nations Country Team in Georgia this week followed other international and local players in expressing regret over the decision of Georgian authorities to abolish the State Inspector’s Service. On 13 January, the President of Georgia, Salome Zurabishvili, signed a new law abolishing the State Inspector’s Service and creating two separate institutions: the Special Investigative Service and the Personal Data Protection Service.
“We are particularly concerned about the expedited manner and lack of inclusive and transparent discussions about the abolition of one of the most credible, independent and authoritative institutions in Georgia, one that is mandated to investigate alleged human rights violations committed by law enforcement officials and is entrusted with the oversight of personal data protection,” the UN Country Team in Georgia wrote. “The lack of convincing justification for abolishing the State Inspector’s Service and the absence of compelling rationale for stripping the State Inspector of her six-year mandate sends a chilling message to independent institutions of human rights protection.
“We are concerned that the substantial broadening of the list of crimes falling within the mandate of a newly created Special Investigation Service entails a serious risk of overburdening the agency and distracting its team from fulfilling its primary mandate to combat impunity. We recall the recommendation by UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on his mission to Georgia (2015) stating concerns ‘at the risk that unduly broad jurisdiction, whether exclusive or discretionary, may make the task of the [State Inspector] overly burdensome [if] … offences committed by law enforcement agents that are not part of the core group of torture or cruel, inhuman or degrading treatment or punishment… [fall within its mandate]’.
“We call on the authorities to request the opinion of relevant international institutions on the compliance of these decisions with the international standards,” the UN Country Team’s statement concludes.
President Salome Zurabishvili herself, on signing the law abolishing the State Inspector’s Service, noted she also considers it unacceptable to adopt such an important law in an expedited manner, without any consultations or “proper discussion.”
“Today, I signed the amendments to the law on the State Inspector’s Service, which provides for the abolition of the service and the establishment of new structures instead. There have been and still are differing views on such structural changes, although this decision does not contain a categorical legal objection. The abolition of the service and the establishment of new structures do not provide a basis for motivated remarks of a legal nature by the President.
“However, I find it unacceptable to pass such an important law in an expedited manner, without any consultation or proper discussion, especially since the need to review it in an expedited manner has not been justified by anything.
“It is a very bad precedent that the head of an independent service, a person elected for a term of six years, is dismissed without any prior warning or reasoned remarks about her professional activities, especially when strengthening the independence and inviolability of officials remain one of the biggest challenges for our country.
“The resulting legislative changes have created an unfair situation, about which I confess my negative attitude. I hope that a solution will be found to enable the State Inspector to continue her activities in one of the newly created services, with all the guarantees of independence. The decision made against her also determines the degree of independence of other employees,” reads the President’s statement, released after the signing.
The members of the opposition “For Georgia” party founded by former PM Giorgi Gakharia also responded to the abolishment of the State Inspector’s Service when it was first announced.
“The government is sending a dangerous message to independent public officials, leaving citizens vulnerable to state violence,” party Chairman Gakharia claimed.
Party member Natia Mezvrishvili echoed his concerns.
“Against strong western criticism, in an authoritarian manner, the ruling party has just abolished the last independent elected institution in the justice system in charge of investigating ill-treatment. Huge step back for Georgia’s democracy & towards authoritarianism,” Mezvrishvili wrote.
By the decision of the Parliament, the State Inspector’s Service will be abolished from March 1, 2022. The State Inspector and her deputies will thus be dismissed.
The legislative package related to the State Inspector’s Service was approved by Parliament in the third reading. The amendments were supported by 81 deputies. Seven members of parliament voted against the bill.
By decision of the majority team, the State Service is abolished and replaced by two agencies – the Special Investigation Service and the Personal Data Protection Service.
Others among Georgia’s foreign partners also responded with concern to the decision.
The US Embassy Tbilisi published a statement noting the ruling party undermined government accountability by abolishing the State Inspector’s Service, which is mandated to investigate police abuse and protect data privacy, undermined the independence of individual judges by amending the Law on Common Courts, and undermined faith in the judiciary by appointing yet another Supreme Court judge using a flawed selection process.
The Embassy claimed no credible reasons were provided to the public for why these actions needed to be rushed through without appropriate consultation.
“The lack of transparent discussion or analysis of the amendments is particularly troubling. Whether intended or not, the ruling party sent the message that independent oversight of the government or dissenting voices, even when prescribed by law, will be answered with retaliation, discipline, and dismissal.
“The United States supports Georgia’s sovereignty and stability every day through our long-standing security cooperation and economic development programs. Strong democratic institutions and adherence to the rule of law are Georgia’s best defenses against Russian aggression. Steps that weaken democratic institutions, such as the judiciary or independent oversight agencies, damage Georgia’s aspirations for NATO and European Union membership, and undermine the basic freedoms that are the foundation of Georgian culture and society,” reads the statement.
From November 1, 2019, the State Inspector’s Service was mandated to investigate crimes committed by representatives of law- enforcement authorities and by an official or a person equal to an official. The State Inspector’s Service was a legal successor of the Office of Personal Data Protection Inspector. The Office of the Personal Data Protection Inspector was established as the State Inspector’s Service on May 10, 2019. The transformation was conditioned by the assignment of investigative function. From 2013, the Office was monitoring the lawfulness of personal data processing, covert investigative actions and activities performed within the central databank of electronic communications identification data.
By Team GT
