The Public Defender of Georgia addressed the Minister of Culture and Monument Protection of Georgia and the Director of the National Agency for Cultural Heritage Preservation of Georgia with a recommendation regarding removal of the status of the cultural monument from Sakdrisi-Kachagiani.

Following examination of the issue of legitimacy of removal of the cultural monument status from Sakdrisi-Kachagiani ancient gold mine conducted by the Public Defender of Georgia it was determined that decisions adopted by the Minister of Culture and Monument Protection of Georgia and the Director of the National Agency for Cultural Heritage Preservation of Georgia on removal of the status were in violation of the current legislation.

As the public knows, the status of the national monument of cultural heritage was removed from Sakdrisi-Kachagiani ancient gold mine on July 3 , 2013 by a decree of the Minister of Culture and Monument Protection of Georgia. The said decree was declared as annulled by the order of the Minister on December 12, 2014. Additionally, on the same day, December 12, 2014, the status of the monument of cultural heritage was once again removed from Sakdrisi-Kachagiani ancient gold mine by the decree of the Director of the National Agency for Cultural Heritage Preservation of Georgia.

When adopting a decision on the above issue, requirements of the Georgian legislation on comprehensive and objective studying of the case, examination of important for the case circumstances and adoption of a decision only on the basis of comparison of all these circumstances, were not ensured. Also, participation of all stakeholders in the decision-making process was not provided. Due to this fact, the Public Defender believes that requirements of both the Georgian Legislation and international laws were violated. Namely, requirements stipulated in the Constitution of Georgia, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention on the Protection of the Archeological Heritage, the Aarhus Convention, the Law of Georgia “On Cultural heritage” and the General Administrative Code were breached.

Due to all the above, the Public Defender of Georgia addressed the Ministry of Culture and Monument Protection of Georgia and the National Agency for Cultural Heritage Preservation of Georgia with a recommendation:

1. To ensure examination of legitimacy of individual administrative-legal acts issued regarding the removal of the status of cultural heritage from Sakdrisi-Kachagiani ancient gold mine and issuance of relevant acts in accordance with the norms stipulated by the law;
2. To adopt a decision on removal of the status of the cultural heritage monument from Sakdrisi-Kachagiani ancient gold mine with participation of all stakeholders and only after examination and comparison of important for the case circumstances.