Ministry of Justice Should Provide an Explanation Regarding Otar Partskhaladze’s Citizenship

Statements | Rule of Law, Human Rights and Freedom of Media 19 September 2023

Based on publicly available information, IDFI considers that holding Georgian citizenship by Partskhaladze violates Georgian Constitution and the organic law. Therefore, Ministry of Justice should initiate the process of termination of his citizenship and/or make a relevant explanation.

 

On September 15, 2023, it became publicly known that the U.S. State Department imposed sanctions on the former General Prosecutor of Georgia, Otar Partskhaladze. Otar Partskhaladze was included in further package of sanction in response to Russia’s illegal war against Ukraine. Reason for sanctioning was his business connections with FSB (Federal Security Service of Russian Federation) officer and, by this way, influencing Georgian society and politics for the benefit of Russia. According to the imposition of sanctions, Partskhaladze has fully taken on a Russian identity/citizenship, likely, with the assistance of his associate/FSB officer.

 

Otar Partskhaladze is affiliated with the ruling party and his connections with the hostile country raises a number of questions. Especially, taking into account the current attempts by members of "Georgian Dream" to justify Partskhaladze. After Georgian banks restricted Otar Partskhaladze's access to bank assets and financial transactions, the chairman of the ruling party, Irakli Kobakhidze stated that this was violation of the Constitution of Georgia, because Partskhaladze, as a citizen of Georgia is specially protected by the constitution. Based on publicly available information, we believe that equating Otar Partskhaladze to Georgian citizen is not compatible with the requirements of the Constitution and the organic Law of Georgia and the competent authorities should initiate the process of termination of Partskhaladze’s citizenship.

 

According to the article 32, paragraph 2 and the article 52, paragraph 1, sub-paragraph “e” of the Constitution of Georgia, as well as article 21, paragraph 1, sub-paragraph “a” of the organic law of Georgia, a Georgian citizen shall lose Georgian citizenship if he/she acquires foreign citizenship unless he/she addressed the President of Georgia for the retention of Georgian citizenship or Granting it by way of exception.

 

As the President of Georgia stated on September 18, 2023, "no information and no request about the revocation of citizenship". Therefore, neither Otar Partskahadze retained nor was granted Georgian citizenship by way of exception through a decree of the President.

 

Otar Partskhaladze acquired citizenship of Russian Federation without retaining Georgian citizenship. Therefore, an absolute ground for losing Georgian citizenship is at place. It only needs a formal procedure. For this, it is necessary for the Public Services Development Agency of the Ministry of Justice to comply with the requirements of the Constitution and the law, prepare anopinion on the termination of Georgian citizenship for Otar Partskhaladze and address the President of Georgia.

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