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Journalist Takes Legal Action Against Police

December 5, 2007

Journalist Gela Mtivlishvili has brought a suit against the Kakheti Department of the Georgian Ministry of Internal Affairs. His suit requests the Board of the Department immediately issue public information regarding police actions.

“On September 7th, 2007, I petitioned the Kakheti Main Department of the Ministry of Internal Affairs to provide me by e-mail, fax or ordinary mail with weekly information on the criminal actions that have occurred in the Kakheti region,” Mtivlishvili said. “More precisely, I was interested in the place, time and nature of incidents, whether an investigation had been launched and, if so, under which article of the Criminal Code it was conducted. We also wanted to know who was in charge of the investigation.”

The journalist added that on October 3rd, 2007, he was delivered a letter from the Regional Department of the Internal Ministry, dated October 25, 2007, signed by Gocha Tediashvili, the Deputy Head of the Department. The letter stated that according to the Article 3, paragraph 4-a of the Georgian General Administrative Code, the applicant’s request for information was denied.

Article 3, paragraph 4 of the General Administrative Code states that the Code may not affect those activities of the Executive that are related to either criminal prosecution and/or criminal proceedings against the person who committed a crime.

The journalist claims that his request for public information related to administrative functions and it did not deal with criminal prosecution or criminal proceedings against the person who committed the crime, as well as with other operations or other kinds of investigative activities.

“The letter mentions the ‘activities of the Executive’ in the quoted paragraph and not the Executive itself,” Mtivlishvili continued. “I think that their refusal to issue the information I requested contradicts the Georgian Constitution and the Articles of the Georgian General Administrative Code on issuing public information. I got in touch with Shota Khizanishvili, the head of the Internal Ministry’s Administration, who promised that he would give directions to the regional department to issue the requested information. Nothing ever happened. I am now appealing to the court, which has already begun hearing my suit.”

The defendants have not produced any kind of explanation to the court regarding the refusal to issue Mtivlishvili’s requested information. No one from the Department has even attended the preparation trial. Mtivlishvili said that he had gotten in touch with Tediashvili regarding another issue but had mentioned the blocking of public information. “Cannot you understand that you do not have right to request information from us?” Tediashvili is reported to have said. “Are you a representative of a Ministry, or President’s Administration? Why should I give you the information? Should I issue information to all journalists? What are you speaking about?”

Lawyer Lia Khuroshvili stated that she has read the journalist’s suit and is sure that the Department will lose the proceedings. “The Georgian Constitution, Article 41, Paragraph I states that every citizen of Georgia shall have right to become acquainted with existing official documents unless they contain state, professional or commercial secrets,” Khuroshvili said. “In addition to the Article 28 of the General Administrative Code envisages the transparency of public information and a presumption of openness. The Regional Department of the Ministry of Internal Affairs is in violation of those articles. They did not even cite the correct document on the refusal of such a request, which amounts to another violation of the law.”

The Kakheti Regional Department of the Internal Ministry was unable to be reached for comment. The head of the department, as well as his deputies, did not return the Human Rights Center’s calls.

Natela Djashiashvili, the judge of the Telavi District Court, will next discuss the case on December 13.

Tamar Makharashvili, Kakheti

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