Members of “It Affects You Too”, the campaign of non-governmental organizations condemn spreading of secret surveillance videos of personal character and blackmailing not only specific individuals but the whole society as well. The campaign calls on the government to take specific steps in combating illegal surveillance and eavesdropping.
The Campaign negatively evaluates the fact that the Government of Georgia has made neither political nor legal assessment of issues related to illicit surveillance and eavesdropping that have been so crucial to Georgia until 2012. Those who have ordered and/or collected and stored videos and files depicting people in private situations (and most likely blackmailed the victims of surveillance) under the former government remain unpunished. Moreover, there are reasonable grounds to believe that those who were engaged in illegal surveillance still stay in law enforcement bodies. The sense of impunity strengthens the vicious system and further encourages crimes.
The fact that the authors of secret videotapes are still working in law enforcement bodies questions the effectiveness, objectiveness, and neutrality of the investigation conducted by the prosecutor’s office of Georgia on the incidents related to video and audio materials produced under the former Government. It’s hard to believe that the law enforcement system will identify and punish those individuals who are still part of the system. Moreover, along with the factors mentioned above, flawed legislation on the protection of privacy and tolerance, an ineffective policy of the Government against violations of the right to privacy raise reasonable doubts that illicit surveillance and eavesdropping still occur in Georgia. These doubts are strengthened by the number of statements made by public figures about the violation of their right to privacy.
Campaign It Affects You too believes that the Chief Prosecutor Irakli Shotadze should take political responsibility and resign due to the uninvestigated crimes related to the illicit surveillance and eavesdropping.
People who were involved in the criminal activities should also leave the law enforcement systems.
Given the circumstances, non-governmental organizations gathered around the cause under the slogan It Affects You Too, believe that the Government should take urgent steps to ensure the following changes:
– Reforming the State Security Service and deriving from it the function of Internet monitoring and the access to phone surveillance.
Currently, the operative-technical department directly reports to the State Security Service and has access to phone surveillance and internet eavesdropping. The State Security Service is the body conducting investigative and counterintelligence activities. Investigative and intelligence bodies have an interest in gaining as much information as possible even through the illegal use of technical means of phone surveillance and internet eavesdropping. In order to prevent this, it is necessary to take away the function of Internet monitoring and the access to phone surveillance from the operative-technical department of State Security Service and to create an independent body accountable to the Parliament. The body unlike the State Security Service, will not have a counter-intelligence and investigative function. This independent body will record phone calls and Internet communications only after the submission of the court’s decision by the investigative authorities. The independent body will have access to phone surveillance and will be responsible for recording the closed Internet communications.
In addition, the State Security Service should be adequately controlled by the judicial authorities and the personal data protection Inspector.
– Establishing an independent investigative mechanism
Non-governmental organizations have elaborated and submitted to the Government a draft law on the independent investigative mechanism. The draft law has been prompted by the experience of several Western states. According to the draft law, an independent investigative mechanism operates independently from the executive authorities, since it should investigate the crimes committed by the police and other law enforcement servants.
Independent investigative mechanism is headed by the Commissioner, who is selected by the Parliament of Georgia. The Parliament needs a qualified 3/5 majority, which ensures the participation of the opposition in the process.
Under this draft law, an independent investigative mechanism has full authority to investigate the crimes in which the government has interests. At the same time, in order to ensure its effectiveness, an independent investigative mechanism should have the right to formally charge specific individuals and support the prosecution in their criminal cases. Unfortunately, the idea of granting the right of the criminal prosecution to the independent investigation mechanism is not supported by the Government of Georgia. Moreover, according to the Government of Georgia, a mandate of the mechanism should investigate only those cases that are related to torture and inhuman treatment.
Failure of the prosecutor’s office to impeach the officials of the former Government involved in secret filming is another reason for establishing the independent investigation mechanism. The major function of the independent investigation mechanism should be exploring crimes committed by the public officials that may not be investigated objectively by the Government. People, who are subject to reasonable doubts of committing malfeasance, should not investigate the crimes most likely committed by them. This should be carried out by the independent investigation body.
