Constitutional Appeal

Constitutional Lawsuit on Declaring Norms Regulating Operative-Investigative Activities Unconstitutional

According to the Constitution of Georgia, the Public Defender of Georgia has the authority to apply to the Constitutional Court when the basic constitutional rights of certain persons are violated. For this purpose, the Public Defender of Georgia applied to the Constitutional Court and demanded the abolition of the norms that violate human rights in the process of operative investigative activities:

  • The Public Defender requested the declaration of operative measures of control procurement and delivery provided for in the Law of Georgia on Operative-Investigative Activites unconstitutional. We believe that these measures do not provide adequate safeguards against provocation of crime, which makes it procedurally impossible to admit evidence obtained on the basis of provocation of crime inadmissible. In accordance with the standard set by the European Court, the above is contrary to the right to a fair trial. It should be noted that in a judgment delivered against Georgia - Chokhonelidze v. Georgia - the relevant violation was established due to the lack of legislative safeguards.
  • The Law of Georgia on Operative-Investigative Activities provides for an operative measure - collection of information and visual control, which does not require judicial control. The cases reviewed by the Public Defender revealed that this measure causes intensive interference in the private life, but does not require appropriate judicial control, which is contrary to the requirements of the Constitution.

We hope that the Constitutional Court of Georgia will grant the claims of the Public Defender of Georgia and thus ensure the improvement of the standard of protection of private life in Georgia.

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