10 NGOs Call on Presidents to Veto the Amendment to Covert Surveillance Law
By Natalia Kochiashvili
Friday, June 10, 2022
Ten local watch-dogs are addressing the President with the request to veto the law which increases the scope of crimes allowing for covert investigative actions and the duration of these actions. According to them, the amendment does not meet international standards.
On June 7, the Parliament supported the legislative changes to the Criminal Code of Georgia proposed by Georgian Dream MPs in April 2022, which “significantly worsens the standard of human rights protection during covert investigative actions. The adopted law is not in line with international human rights norms and the practice of the European Court of Human Rights.”
According to the non-governmental organizations the proposed changes are characterized by a number of shortcomings, especially the new rules related to the term covert investigations and notification of covert investigations, in particular, secret hearings on individuals can be carried out in case of 77 offenses indefinitely, without them being aware for 30 years, or ever. Consequently, the individual is deprived of exercising his right to appeal, his right to a fair trial, or his right to privacy.
Under the legislative changes, the maximum possible surveillance period will be extended from 6 months to 9 months, and 27 less serious crimes will be added to the list of crimes on which covert surveillance activities can be carried out.
“The legislation on wiretapping is already characterized by a number of shortcomings, including those that could not be addressed by the 2014 reform. That is why non-governmental organizations and about 300 citizens of Georgia have appealed to the Constitutional Court against the legislation regulating covert investigative actions. The Constitutional Court has already considered the case on the merits, however, the court has been delaying the final decision for 4 years. Against this background, the further deterioration of human rights standards in the legislation is clearly a step backward in terms of Georgia's democratic development. This is indicated by the statement issued by the EU delegation on June 8,” the statement said.
Therefore, the organizations call on President Salome Zurabishvili to veto the legislative changes and return them to the parliament with remarks.
EU Ambassador to Georgia Carl Hartzell has raised concerns, saying that while there may be legitimate security grounds, the changes “significantly reduce Georgian citizens’ right to privacy”. He called on the Parliament to immediately ask the Venice Commission for an Opinion on this legislation and follow its recommendations.
“We take note of the fact that Georgia continues to introduce important legislative amendments through rushed Parliamentary processes, without the necessary domestic or international consultations and without properly analyzing their compliance with European standards.”
Referring to the alleged leaked files from the State Security Services (SSG), suggesting that the authorities were spying on the clergy, civil society, journalists, and foreign diplomats, among others, EU Diplomat stressed that the Georgian government needs to inform the Diplomatic Community of the results of the promised investigation into the reported massive wiretapping of Georgian and foreign citizens, as revealed in September 2021.
The head of the EU Mission to Georgia urged the Government to uphold its commitments to protect the human rights and fundamental freedoms of Georgian citizens, as well as to ensure adequate and effective safeguards against their potential abuse.
