Address of Human Rights Center about the Activities of the Counter-Intelligence Department and Breached Rights of Foreign Citizens

Human Rights Center responds to the discussion about the activities of the Counter-Intelligence Department of Georgia and reminds the Government of Georgia of the legal problems of foreign citizens in the country, that is caused by the laws on the counter-intelligence activities and legal status of aliens and state-less persons in Georgia. 

From September 1, 2014, for the regulation of immigration process, new Law on Legal Status of Aliens and State Less Citizens went in force. The Law regulates entry, stay in, transit and leave Georgia. The main principles of the law are: family unity, inadmissibility of discrimination, principle of non-expulsion, protection of best interests of a child. 

Nevertheless, on the one hand we have principles ensured by the law and on the other hand conditions of their implementation. In majority cases, the Georgian State neglects the principles ensured by the national law and international documents, like family and its unity.

In accordance to the Article 15 Paragraph g of the Law of Georgia on the Legal Status of Aliens and State-Less Persons, A permanent residence permit shall be issued to a spouse, parent, and child of a Georgian citizen. A lot of aliens apply to Human Rights Center for help lately, who were refused to receive residence permit in Georgia. Mostly the ground of refusal is conclusion issued by the authoritative agency which states that a person cannot stay in Georgia due to state and/or public security interests. The authoritative agency is the Counter-Intelligence Department of MIA, whose conclusion usually consists of only several sentences and finalizes with the verdict: “Counter-Intelligence Department believes it is not reasonable to grant residence permit to the applicant person.”

The parties in the cases processed by the Center were not informed about the “arguments” which were mentioned in the conclusion of the Counter Intelligence Department (CID). Though the State Service Development Agency at the Ministry of Justice of Georgia does not pay attention to this fact and refuses aliens to temporarily live in Georgia. 

Another problem is that neither court queries about the arguments of the CID or State Service Development Agency. Status – dangerous to the security of the state insults any person, who does not have any cruel plans in the country. At the same time, any person has right to know the concrete grounds and reasons why the CID, the Agency or the Court concluded that he/she was dangerous to the state security. The court judgment shall be clear to the person. 

The cases processed by Human Rights Center demonstrate that the Courts rely on the Article 6 of the Law of Georgia on the Activities of CID, which states that activities of the CID are secret. Documents, materials and other data providing information about the CID activities have Top Secret status and cannot be used for judiciary purposes except the cases regulated by the Georgian law.

Human Rights Center believes, the state institution is obliged to respect the principle of family unity at any stage of the decision-making process and take the importance of the family institute in consideration. The Convention on Human Rights and Basic Freedoms guarantees respect to personal and family life and clarifies that everyone has right to have his/her personal and family life respected. It is inadmissible to violate these rights by public authority except the cases when it is done in accordance to the law and is necessary to ensure national security, public safety or economic welfare of the country, to avoid disorder or crime, to defend health or moral or others rights and freedoms.

Since there are concrete exceptions regulated by the law, the state is entitled to clarify to the party why restrictions were imposed on him/her.

Human Rights Center defends rights of several foreign citizens, who are married to Georgian citizens and have children, who go to Georgian schools and wish to live in Georgia. Consequently, when Ministry of Justice refuses them to stay in Georgia, the families have to choose – either divorce or migrate to another country. In fact, the State forces its citizens to split up a family – fathers have to go to their native countries and mothers have to stay in Georgia together with their children. It is violation of family unity and nobody has right to interfere in personal lives of people. Moreover, there is a case law of the European Court of Human Rights built up based on the examples of other countries.

Human Rights Center addresses to:

To the Parliament and the Government of Georgia to get interested in legal status of aliens in Georgia and amend the law, as well as the practice, so that to eradicate facts of human rights violation and discrimination of aliens in Georgia. 

Counter-Intelligence Department of MIA to provide the State Services Development Agency with real information and issue well-argumented refusal on residence permits to aliens.

Ministry of Justice to review the working practice of the State Service Development Agency and issue only well-grounded refusal to the applicants of temporary residence in Georgia.

The Court – to relay not only on the materials provided by the CID during the considering the case of alien, but study all factual circumstances and legal arguments to make the court decision understandable for the applicant. 

Human Rights Center