Suspending enactment of law of Georgia on State Inspector Service is harmful for fighting against torture and inhuman treatment

“Article 42 of the Constitution” responds to initiation of draft law by the Parliament members on suspending enactment of law of Georgia on State Inspector Service. The initiated draft law envisages suspending terms of implementation of measures related to full enactment of law, as well as terms of entry into force of investigative powers granted by law to the State Inspector Service for 6 months (till July 1, 2019);

Establishment of State Inspector Service and its timely introduction is a significant reform, which shall facilitate fight against improper treatment, and impartial and effective investigation of crimes committed by public servants and/or their equal persons against human rights and freedoms.

Timely implementation of this reform is essential for effective enforcement of number of decisions made by the European Court of Human Rights against Georgia on improper treatment, creation of impartial investigation standard and establishment of credibility towards such investigation.

The explanatory note to the draft law indicates that the government of Georgia cannot attain all the measures for handing over all material-technical and financial resources to State Inspector Service and the Prosecutor’s Office of Georgia till January 1, 2019, as it was initially envisaged by the law.

Considering the fact that the law of Georgia on “State Inspector Service” was adopted as early as July, 2018, the preparatory period up to 6 months should have been sufficient to ensure fulfillment of all measures determined by the transitional provisions of the law.

Suspending the enactment of law for more 6 months by the abovementioned reasoning and accelerated discussion of the draft law may contain signs of creating artificial barriers to enacting the law, negatively impacting achievement of important goals, timely and effective implementation of which is part of international obligations undertaken by Georgia.