Parliament should adapt law related to hearings to the interests of the state

19 November, 2014

The organization “Young Barristers” responds to the issue of expiration of bill submission in the legislative body with respect to access mechanisms on a covert operative-investigative hearings and addresses to the parliament, to give priority to that legislative proposal, which will satisfy both fundamental interests - will protect human rights and fundamental freedoms, and at the same time, the state security and national interests will be provided.

According to statement of co-founder and chief-executive of the “Young Barristers” – Archil Kaikatsishvili, the Parliament should accept summarized and public consensus expresing law regarding so called “hearings” issue. The organization estimates that while support the legislative initiative, it is necessary to objectively assess the challenges the country is facing and do not be taken decisions concerning lobbying the views of only one group of society. It is impossible to ignore the security systems of Georgia and be taken a decision to reduce their capacity. It is important the parliament to explain what will happen in case of the so-called "dual-key" system, if the state will lose the opportunity of owning one of the keys or the security system will be owned by companies whose representatives are foreign countries.

 

The organization believes that it is important to establish an effective monitoring service, which will make human rights of the people much safer, in the process of operative-investigative actions. Such mechanismon a covert hearing should exist in any event, whether it will be so called "dual-key" system or the model of so-called "single-key" system. The organization estimates that in case of so called "dual-key" system enforcement, it is possible the parliament to discuss the issue of increasing the role of personal data protection inspector, which would have a full opportunity to monitor the implementation. In this situation, on the one hand, will be protected human rights and freedoms, on the other hand, will be guaranteed the state security. In other cases, the organization considers mandatory to transit the control and monitoring systems under the control of the Parliament.

 

The “Young Barristers” publishes statistical information, in particular, on the basis of information received from the Tbilisi City Court from 2013 to March 31, 2014, 3224 motions were registered by the prosecution of Georgia demanding implementation of operative-investigative actions. From here, the court granted 2972 motions and denied the prosecutor's 252 motions. We note that processing statistical information accounting on operative-investigation actions in Tbilisi City Court began in 2013, which may indicate the condition when the court did not have priority to establish the statistical data during the 2003-2012 governing period.

In addition, the “Young Barristers” received the statistic information from Batumi City Court on the issue of implementing covert hearings. In contrast of Tbilisi City Court, Batumi City Court issued the statistics from 2010. In particular, the court granted permission for on implementation of covert hearing:

  • 2010 year - 694 motions;
  • 2011 year - 462 motions;
  • 2012 year - 304 motions;
  • 2013 year - 56 motions ე;
  • 1 April 2014 year - 50 motions.

According to evaluation of the “Young Barristers” the covert hearing and surveillance issue, still has a high degree of public interest, which comes with a severe inheritance. The state is required to establish proper mechanism to minimize every suspicion in society with regard to covert hearings. The State shall ensure the protection of the constitutional guarantee of privacy, protect human rights and fundamental freedoms at the legislative level.



Comments