Georgian Dream adopted the Russian law, which restricts free and critical opinions in Georgia. The law blocks the path of the people of Georgia to the European Union.
According to
the Law of Georgia on
the State Security Service of Georgia, the State Security Service of Georgia shall ensure state
security within its competence. However, according to the observation of the
Democracy Research Institute, for years, the
State Security Service has been
investigating criminal cases, which by their nature do not fit into its work
direction and have no relation to ensuring the country's security, which leads
to the
irrational spending of the Service's budgetary and human resources.
The mentioned is a special challenge in the background when there is no effective
parliamentary control over the activities of the State Security Service.
Investigative
jurisdiction over
criminal cases is determined by Order No.
3 of the Prosecutor General of Georgia of August 23, 2019. The
mentioned order ensures the distribution of criminal cases among the relevant
investigative services depending on the directions of their activities.
The state shall have a public interest in detecting and investigating any crime,
however, due to the nature of the activities of the state security services,
these agencies should be strictly limited to the protection of national
security interests and should not engage in activities that are not related to security.[1]
Despite this,
the Prosecutor General’s order gives the State Security Service the mandate to
investigate criminal cases
that, in their essence, do not belong
to the matter of state security and do not fall under
the direction of the Service's
activities. For example, the State Security Service has the authority to
investigate all crimes committed
by public officials (including by
negligence).[2] In
addition, it is clear from the annual activity reports of the Service that
the Anti-Corruption Agency of the State
Security Service investigates the most crimes.[3] In
addition, the main resources of the Service
are spent not on the detection of large corrupt deals, but on the investigation of petty corruption
crimes.[4]
In addition to
granting broad powers to the State Security Service by Prosecutor General’s order, part 6 of
Article 33 of the Criminal Procedure Code of Georgia grants the Prosecutor
General of Georgia or a person authorized by him the right to transfer a case
from one investigative body to another investigative body for investigation.
As can be seen
from the analysis of public information, the Prosecutor General uses this
exclusive authority often. The Democracy Research Institute requested from the
State Security Service information: about
the articles of the Criminal Code under which the Service started
investigations from January 1, 2020 to March 1, 2024.[5]
According to the response,[6]
the State Security Service had
launched
investigations
on the basis of the articles of the Criminal Code, which, according to the
order of the Prosecutor General of Georgia on the determination of the
investigative and territorial investigative jurisdiction over criminal
cases, did not belong to its
jurisdiction.
For example,
during the mentioned period, the State Security Service launched investigations into crimes
such as: preparation of premediated murder
(Articles 18 and 108 of the Criminal Code); pushing to suicide
(Article 115 of the Criminal Code); Infliction of less serious or serious damage to health by negligence
(Article 124 of the Criminal Code); Fraud
(Article 180 of the Criminal Code). According to the order of the Prosecutor
General of Georgia, all the mentioned crimes belong to the investigative jurisdiction
of the Ministry of Internal Affairs, and in certain cases, they may be
investigated by the Special Investigative Service. However, these crimes, which, at first glance,
have nothing to do with the activities of the State Security Service, were investigated
by the State Security Service.
In addition,
according to the same response,
during the mentioned period, a case of illegally getting
a credit
(Article 208 of the Civil Code) was sent to the State Security Service for
investigation. In its essence,
the case
does not fall under any
direction of the activity of the State Security Service.
The above once
again confirms the inevitable necessity of structural and democratic reforms in
the State Security Service.
[1] Martin Scheinin (UN Special Rapporteur),
Compilation of good practices on legal and institutional frameworks and
measures that ensure respect for human rights by intelligence agencies while
countering terrorism, including on their oversight, 2010, p. 5
[2] Government's initiative "On
Amendments to the Criminal Procedure Code of Georgia" (07-2/265;
25.10.2018)
[3] 2023 report of the State Security Service
is available at: https://web-api.parliament.ge/storage/files/shares/angarishebi/usaprtxoeba/2023.pdf
[4] Democracy Research Institute, Anti-Corruption
Agency - Legal Framework and Gaps in Practice, 2022, available at: https://shorturl.at/OvhHV
[5] Letter of the Democracy Research
Institute, 11 March 2024, N DRI/2024/10
[6] Response from the State Security Service,
March 22, 2024, SSG 9 24 00065447
მიხეილ ყაველაშვილმა 29 დეკემბერს ხელი მოაწერა შვიდამდე კანონს, რომლებიც ზღუდავს შეკრებისა და გამოხატვის თავისუფლებას, სამართლიანი სასამართლოს უფლებას.
On December 26, several cases of unjustified dismissal of civil servants became known to the public.
საპროტესტო აქციებზე დემოკრატიის კვლევის ცენტრის თანამშრომელი გიორგი წაქაძე დააკავეს, რომელიც პოლიციის მხრიდან განხორციელებულ ძალადობაზე გვიყვება.