Public Defender’s Statement on Release of Secret Recordings
On November 6, 2020, Imedi TV released recordings uploaded to a Ukrainian website that allegedly involved Georgian politicians, including an audio recording of a personal communication of Georgian MP Salome Samadashvili.
The Public Defender of Georgia condemns the illegal acquisition and release of any recording of private life and communication. Manipulation of this topic and its use in the political context has been ongoing in Georgia for years. Cases like this have a significant impact on the quality of the protection of privacy in the country and deepen the feeling among citizens that their privacy and communication are not protected in accordance with constitutional guarantees.
It is especially problematic when a similar case involves a Member of Parliament, who enjoys higher guarantees in order to fulfill his/her constitutional mandate. It is noteworthy that the illegal secret recordings have been released mainly against female MPs and female politicians in recent years, worsening the unequal situation in terms of women’s political participation in the country.
Illegal surveillance and eavesdropping are offences punished by criminal law. The Public Defender’s Office has been talking about the need to declare the legislation regulating covert eavesdropping unconstitutional for years, as the existing legal framework contains the risk of illegal eavesdropping. Although the consideration of the lawsuit filed by the Public Defender relating to the above issue ended in the Constitutional Court several years ago, no final decision has been made yet.
The Public Defender’s Office is not aware of the origin of the recordings released. Nevertheless, the release casts a shadow on the activities of state bodies and raises questions about their possible participation or the effectiveness of their activities.
Accordingly, the Public Defender calls on the investigative bodies, in accordance with their competence, to launch an investigation into the illegal acquisition of personal information. Inter alia, the Public Defender calls on the State Inspector's Office to check whether covert investigative activities were carried out against the persons involved in the recording.