The Democracy Research Institute (DRI) continues to monitor the activities of the State Security Service. Among other things, the so-called “ODRs’ (from Russian: офицер действующего резерва. In English: Active Reserve Officer) are the focus of the DRI attention.
Although the position of the security officer was abolished in 2015 as a result of the adoption of the Law of Georgia on State Security Service of Georgia, the State Security Service has the right to appoint its permanent representative in the high-risk state security agencies on the basis of Decree No. 584 of the Government of Georgia.
[1]Consultations with stakeholders showed that the so-called "ODRs" are likely appointed in high-risk state security agencies as "assistants" or "advisers",
[2] although this is difficult to assert.
Therefore, in order to determine whether certain persons correspond to the position of the assistant or adviser to the minister or his/her deputy according to their work functions, the Democracy Research Institute addressed all ministries and requested one and the same information about the above employees: identity of advisers to the minister and assistants to the deputy minister, their rights and responsibilities, qualification requirements and CVs, as well as information about their salaries, bonuses and salary supplements.
The answers received from the ministries are mixed. The Democracy Research Institute has not yet received information from the
Ministry of Economy and Sustainable Development, the Ministry of Foreign Affairs and the Ministry of Defence. Only six ministries
[3] replied to us within the timeframe set by legislation,
[4] but we received a response from the Ministry of Finance overdue.
[5] The replies differ from each other, interpreting one and the same norm differently.
None of the ministries has qualification requirements for appointing advisers to the minister or assistants to the deputy minister (although it is allowed by law), and some ministries do not provide information on the rights or responsibilities of its employees, their salaries or work expertise.
For example, the Ministries of Internal Affairs and Finance did not provide the requested information (by naming the motive of personal data protection) and only referred to a general rule,
[6] while other institutions sent us different replies. In contrast, CVs of the employees were provided by the Ministry of Regional Development and Infrastructure
[7] (without covering identity), IDPs from the Occupied Territories, Labour, Health and Social Affairs
[8] (without covering identity) and the Ministry of Justice
[9] (by covering identity).
The different approaches of the ministries was also revealed in relation to information on the amount of salaries. This information was provided only by the
Ministries of Justice, IDPs from the Occupied Territories, Labour, Health and Social Affairs, Education and Science.[10] In other cases, no answer was provided, on the motive of personal data protection.
The Democracy Research Institute clarifies that an administrative contract - which describes an employee’s rights and responsibilities (by covering personal data) and remuneration for a particular position may not constitute personal data, as it does not make it possible to identify a specific person. Concealing this information, especially information on the rights and responsibilities of advisers to the minister and assistants to the deputy minister, raises some doubts about their work direction.
DRI considers the following important:
- Ministries should establish specific qualification requirements for the position of the adviser to the minister and assistant to the deputy minister;
- A unified standard relating to the provision of public information should be introduced in the ministries;
- Information on the qualifications, work expertise, salaries and bonuses of the adviser to the minister and the assistant to the deputy minister should become
DRI continues to examine the issue.
[1] On approval of a list of high risk entities for state security,
Decree No. 584 of the Government of Georgia;
[2] IDFI, (2015), adviser’s institution in public agencies, available at:https://docs.google.com/viewerng/viewer?url=https://idfi.ge/public/upload/courts/report-advisors-at-public- institutions.pdf
[3] Ministries of Internal Affairs, Justice, Education and Science, Regional Development and Infrastructure, Environmental Protection and Agriculture, IDPs from the Occupied Territories, Labour, Health and Social Affairs.
[4] General Administrative Code of Georgia, Article 40.
[5] Letter from the Ministry of Finance of Georgia, N 08-02 / 73116, 09/06/2021
[6] Letter from the Ministry of Internal Affairs of Georgia, MIA 8 21 01158258, 10/05/2021.
[7] Letter from the Ministry of Regional Development and Infrastructure of Georgia, No. 01/1404.
[8] Letter from the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, No. 01/7059, 18.05.2021.
[9] Letter from the Ministry of Justice of Georgia, No. 6061.
[10] Letter from the Ministry of Education and Science, MES 7 21 0000464302.
