Security Ministry Threatens Civil Liberties
Controversial Draft Raises Grave Concerns on Government Motivation
On February 18, 2003, the Ministry of State Security circulated a draft law “On Suspension of Activities, Liquidation and Banning of the Extremist Organizations and the Organizations Under Foreign Control.” According to the initial evaluation by the independent legal experts from the Georgian Young Lawyers Association (GYLA), the draft poses a threat to the basic Constitutional rights and liberties of the citizens, including the rights of association and the liberty of expression. Tinatin Khidasheli of GYLA, considers this draft to be an attempt at toughening the control on liberty of expression on the eve of the parliamentary elections.
According to the draft, the activity “under foreign control” can become a reason for suspension, liquidation or banning of any organization. The activity “under foreign control” is defined in Article 3 of the draft, as “Activity of such organization or political entity, which requests or receives financial donations, credit or any other type of assistance directly or indirectly, from a foreign country, foreign or international organization or their representatives or a private individual, or has relations with foreign country, foreign or international organization or their representatives or a private individual; also an activity of the organization or a political entity, policy and activity of which are defined or elaborated in cooperation with a foreign country, foreign or international organization or their representatives or a private individual if these activities are aimed at damaging the interests or Georgia.”
The draft does not, however define the “interests of Georgia,” a body or entity which defines these interests or the objective criteria for such definition. The draft provides for suspension or termination of activities of such organizations based on the decision of the Supreme Court or the Constitutional Court, and indicates, that such decision can be appealed “based on Georgian legislation.” However, there are no provisions in Georgian legislation that would allow for such an appeal. According to the current legislation the decisions of the Supreme Court or the Constitutional Court are final. The only potential legal remedy is to appeal the European Court of Human Rights (ECHR).
This provision allows the civil observers suspect, that the law is aimed at restricting the activities of the civil society organizations and the opposition political groups on the eve of elections, while the need to appeal the ECHR would allow for the time delay necessary for the procedures to take place. In the meantime, the rights for operation, participation in public events, organization of the rallies, meetings, demonstrations or other protest activities, participation in elections or referenda and usage of the mass-media are withdrawn (article 8.8 of the draft). The property will be confiscated (article 8.9). All these actions are to be taken with in a month of the decision by the authorized body. If the decision is revoked later, the state should compensate for the damages (article 11.2) however no procedure for the compensation is set.
Notably, the reason for suspension of activities can become the statements of the leader or the member of the organization (article 9.3).
Georgian civil society organizations plan a meeting today February 19 to elaborate the joint position on the issue. Advocacy.Ge will keep you updated of the developments.
