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04 Oct 2022

The Special Investigation Service addressed the Parliament of Georgia with the Proposal Regarding the Implementation of the Recommendation of the European Commission

The Special Investigation Service participates in the working group created in the Parliament of Georgia, whichreviews the implementation of the 12-point plan of the European Commission, in respect of further strengthening the Special Investigation Service and the Personal Data Protection Service and ensuring their institutional independence.

Within the framework of the working group, the Service was given the opportunity to present the proposals for the means of effectively implementing the recommendations of the European Commission. For the purpose of further strengthening the investigative body and ensuring its institutional independence, the Service developed and presented the following proposals:

The investigation of the facts of violations of the Convention on the Protection of Human Rights and Fundamental Freedoms established by the European Court of Human Rights (ECtHR) should become subordinate to the Service. This initiative will give the state opportunity to successfully fulfill its positive obligation to conduct an effective and independent investigation in order to prevent and promptly investigate violent crimes committed by state representatives.

Other alleged crimes (e.g. destruction of evidence, illegal arrest/detention,exceeding official powers, forgery by an official – Articles 147, 332, 333, 341 and 369¹ of the Criminal Code of Georgia), which are committed by the representatives of law enforcement bodies, officers or persons equal to them and are detected while investigating the criminal cases falling under the investigative jurisdiction should become subordinated to the Service. The mentioned amendments will further strengthen and ensure the independence of the Service, which rather sending the criminal case to the other investigative agency, will be given the opportunity to investigate the above-mentioned crimes committed by the representatives of law enforcement bodies and detected while investigating the fact of ill-treatment. The amendments will also ensure the effectiveness of the overall investigative process.

Additionally, the Service expresses its readiness to redefine and reestablish the investigative jurisdiction of the institution and to subordinate only the crimes compatible with the goals, challenges and resources of the institution.

The proposals developed by the Service and presented to the Parliament of Georgia also envisages legislative amendments, aim of which is to ensure the expansion of guarantees of financial and institutional independence of the institution.

The Service has already addressed the Parliament of Georgia with the mentioned proposals.

In the process of the implementation of the recommendation of the European Commission, including the review of the submitted proposals, the Service plans to actively cooperate with the Parliament of Georgia, organizations working in the human rights sphere and other interested parties/stakeholders.