Charter of Freedom – A Mechanism for Security or An Additional Tool for the Government

Tako Khutsishvili

Chairperson of the parliamentary fraction “Strong Georgia” Gia Tortladze requests to promptly discuss the Charter of Freedom. He said the parliament has not started discussion of the draft-charter which was first initiated in February.

The Charter of Freedom is joint legislative document of the draft law on Lustration and Patriot Act. Initiator of the each draft-law is Gia Tortladze. He was author of the idea to make the projects into one document.

Gia Tortladse: “Both draft-laws are packet of concrete activities which will lead the country to the democratic and correct development. One of them is packet of anti-terrorist activities; and the second is restrictions for the former high-ranking officials of the soviet security, communist party and Lenin communist union. I think all these shall be discussed together and it shall be called – Charter of Freedom because freedom and independence of our country depend on these issues.”

Initiators think Charter of Freedom is additional document for the completion of the legislation in order to improve safety system, as well as defense and security efficiency. The reason for creation the charter was occupation of Abkhazia and South Ossetia and strong influence of the special forces of the Soviet Union and their legal predecessors on our internal policy. The principle articles of the Charter aim: “Coordination of law enforcement and governmental institutions” in their effective fight against terrorism, crime prevention and investigation. On the one hand it means: obligation of the government of Georgia, National Bank, ministry of justice, civil and emigration institutions, private and legal entities within their competence to inform the Ministry of Internal Affairs about the terrorist acts or related issues; reinforcement of the emigration control in the country and monitoring of conditional borders with occupied territories: monitoring of naval, land and air border, buildings of strategic importance and cargo in order to prevent terrorist acts,” states the draft Charter of Freedom.

Gia Tortladze initiated the Lustration Law in the parliament on September 1, 2009. However, in 2007 the draft-law was submitted to the parliament by Kakha Kukava but the parliament declined it because there was not similar necessity in the country. Lustration Law aims to estimate some restrictions for the high-ranking officials who worked in the security service during the Soviet Union. The restrictions will also work for the officials of the Communist Party and Communist union. The draft charter envisages creation of the special commission which will carry out registration of the former employees of the soviet special forces. According to the draft-law, the list of the people will be public only if those people on the list will not cooperate with the commission. Gia Tortladze said the Lustration Law is only about the people who worked in the Security Council of the Soviet Union and not with the spies in other states.  He said the restrictions will also work for those people who personally cooperated with KGB and nobody will be punished for his/her ancestor’s activities.

Gia Tortladze: “The aim of the draft-law is not to satisfy the interest and curiosity of the society. It is designed to prevent similar people from getting into the government and create special restrictions for them. We do not ban them to breathe, but they will not be able to occupy high positions. Since we want to have reputation of democratic country we will not ban them to take part in the elections; however, the Central Election Commission will have to provide the voters about more information about these people.”

Leader of the Strong Georgia thinks the adoption of the Charter is necessary because of the political situation.

“In Georgia we have a bundle of terrorist activities from Russian side. I do not say anything about kidnapping of people and explosions in the occupied territories; it has become everyday action of the occupants. In some states, the charter was adopted only because of prevention. We have all pre-conditions to enact the similar law,” said Gia Tortladze.

In the USA the Patriot Act was adopted after the terrorist acts in New-York and Washington on September 11, 2001. It was caused by urgent necessity. Some number of it worked only for 4 years.

Political opponents and NGO representatives evaluated the charter in different ways.  They think, similar laws give unlimited power to law enforcement bodies and it can be used against ordinary people. Member of the same fraction as Gia Tortladze, Dimitri Lortkipanidze does not share the idea of the draft-law.

Dimitri Lortkipanidze: “the law cannot become tool of political persecution against opposition forces who are not much welcomed by the government. Thus, today, when the opposition member is the author of the Patriot Act, he should be more careful. There were some shortcomings in the Patriot Act and I paid attention to them. If the MIA or Special Forces check emails and listen to phone-calls legally, opposition members do not have to vote for it; the MIA already does it without problems. As for the law on lustration, it is very important though people, who were involved in the activities of certain parties, shall not be oppressed. After that, the author unified both draft-laws. To tell the truth, I have negative opinion about the draft-law and I think I will not take part in the polls.”

Irakli Sesiashvili, military expert: “The government appreciated the Charter of Freedom and wanted to make it to be an argument to avoid Russian aggression. However, in fact, since we know the methodology of our government, they will use the act for the execution of their political interests. In this case, the government with the support of Gia Tortladze tries to encourage the opposition to be the initiator of the charter instead government. Conditionally, it deals with the issues related with the state security. If we were a democratic state, we could allow restricting similar rights; but since democracy is strange for our country, the government will use it for political persecution; and it is unacceptable for me.

You know, that in America this act caused serious discussion and as far as I know it was followed by serious protest rally. Our government wants to find dragoon laws and then will declare it is western experience. I think, they are mistaken because in those countries the life regime is completely different and adoption and execution of these laws are also different. Gia Tortladze will have to recall his past in the opposition of the government when he was also persecuted. As for the Lustration Law, it was to be enacted long before; it is even late now because many governments were changed in the state and in most cases high ranking officials are the people whose past raises many questions.”

Gia Tortladze, the author of the draft-law, does not agree with the concerns of the opponents and thinks it is illusion of the opponents.

“Law enforcement bodies will not have their power increased; instead it will impose more responsibilities over them. The draft-law will oblige the law enforcement bodies to carry out preventive activities in order to protect so-called temporary border created by Russia. They will have much more to do to eradicate all activities connected with terrorism and diversion. As for listening to phone calls and checking, I have not mentioned them anywhere in the draft-law. It is illusion of those politicians who have not read the charter at all. They have heard that Patriot Act was criticized in America. American and our acts are different. I repeat once more, I did not mention listening to phone calls and checking electronic mail in the draft law. The parliament will discuss the law. And I will answer the questions of the MPs,” said the MP in his interview with the humanrights.ge

The parliament of Georgia will supposedly discuss the Charter of Freedom in near future.