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Sopo Verdzeuli: “Georgia chose repressive way to implement lustration process”

July 28, 2011

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Interpressnews talked to the representative of Georgian Young Lawyers Association (GYLA) Sopo Verdzeuli regarding the motivation, efficiency and shortcomings of Lustration Law adopted by the Parliament on May 31st.

- Mrs. Sopo, Georgian Parliament tried to adopt Lustration Law in 2007. However, it was possible to do so only in 2011. One of the first slogans of the Rose Revolution was exactly this. Nobody argues about the necessity of adopting this law and that danger from Russia still exists, but today Georgia is a lot stronger than for example in 2007. Why was the law adopted in 2011?

- There are several factors that impede the process of lustration. In order to start lustration processes in the state, the process must be initiated by the society who wants to respond to the past injustice with certain methods. Or it should happen by new political forces that come to power and are willing to draw a sharp line between them and the crime committed by their predecessors. Thus, an answer to question to why the Lustration law has not been adopted up until now lies in the absence of proper doze of these factors.

- Did Georgian Parliament consider the experience of other staters while adopting the law?

- Georgia had an opportunity to share the experience of different countries while choosing the course of lustration politics and consider the decisions of Constitutional Courts, European Court of Human Rights and international organizations. Despite this, Georgian Parliament adopted a law on May 31st of 2011 which gives opportunity to be interpreted and used against human rights.

Georgia chose repressive way to carry out the lustration process which was first reflected in the establishment of termless restrictions on different governmental posts. Too strict and repressive methods have numerous times been evaluated as disproportionate restriction of human rights.

- In your opinion, how effective can this law be? And one more question, there is much talk about the shortcomings of the law; what would be your remarks?

- Though the part which concerns the lustration has not been enforced yet, we can talk about its shortcomings and dangers even at this stage.

According to the law, a commission should be created in the Ministry of Internal Affairs of Georgia (MIA) which will discuss the issues of lustration. Probably this represents the biggest shortcoming of the law and in general, the lustration process in Georgia.

According to all recommendations and court decision, the body which hears such cases must be independent. Besides, it is a serious shortcoming that even after the adoption of the law, it is hard to say it precisely what will be the composition of the commission, the rule of making decision, work procedures or whether the individual whose case is under hearing will have adequate legal guarantees to protect his/her interests. All these issues and besides, numerous vague wordings indicate the shortcomings of the law and the dangers that they can create in future.

As it is known the archives of State Security Committee of Soviet Union has been taken out a long time ago thus it is very hard to obtain concrete information about certain people and try to prove something. Under what principle will the MIA Commission ascertain the facts of cooperation with state security committee?

- In order to effectively implement the Lustration process, the theme of archives has a decisive significance. However, the problem is not only that the part of the archives is taken out of the country or is destroyed. The trustworthiness of the existent archives is also interesting. I mean how correct information included in this material is. This might have a decisive significance for people. The issue of access to this information is also problematic. It is uncertain how much informational accesses can an individual whose case is under hearing in the commission will have to this material.

- According to exprerts, anti-terrorist component takes rather big place in the Lustration Law. Why do you think so?

- Lustration Law is a part of Freedom Charter. The first article of the Charter stipulates rather broad goals, including the crime against the state interest, security and terrorism. In accordance with the variety of goals, the sphere of regulation is also very wide and it covers the antiterrorist measures as well as the measures of suppression of Soviet and faschist ideology and lustration processes. The author of the law might have thought that all these dangers belong to the same level of concern and that is why it united them under the same legislative act. However, it should be noted that in opposition of ambitious goals of the law, the content of the law will not ensure comprehensive regulation of each issue.

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