Rule of Law and Human Rights

IDFI Submitted its Opinion to the Parliament Regarding the Draft Law on “Personal Data Protection”

IDFI submitted its opinion to the Parliament regarding the draft law on “Personal Data Protection” initiated on 22 May 2019. The opinion of IDFI covers the following important issues: grounds for processing personal data; grounds for processing special categories of personal data; termination of processing of personal data, erasure and destruction of data;  restriction of processing of data.

Regulating Inadmissible Content – What does the Constitutional Court decision of 2 August 2019 Change

Freedom of expression is a mandatory precondition for the establishment of a democratic State.  Self-actualization of individuals and the development of society becomes impossible without the freedom of expression. Given the role and importance of the freedom of expression in the rule of law, there is a need of creating a legislative framework that allows free exchange of opinions and information.

Cruel and Ill Treatment of Animals in Georgia

IDFI studied the legislation on animal protection in Georgia and the state of its implementation. For this purpose, IDFI requested public information from relevant state institutions. In addition, IDFI researched international regulations on the subject and got acquainted with the practice of the countries which excel in regards to high animal welfare standards. 

Conflict of Interest in the Nomination Process of Candidates of Supreme Court Justices

Interviews are being undertaken at High Council of Justice for the sake of nomination of candidates of Supreme Court Justices. Zurab Aznaurashvili and Levan Tevzadze are shortlisted candidates. According to a member of High Council of Justice - Nazi Janezashvili, aforementioned shortlisted candidates have close relation with the members of the High Council of Justice - Tamar Oniani and Irakli Shengelia.

Tbilisi City Court Fully Granted the Appeal of IDFI against the National Archives of Georgia

In the decision of April 4, 2019, the Tbilisi City Court fully granted the appeal of the Institute for Development of Freedom of Information (IDFI) against the National Archives of Georgia – LEPL of the Ministry of Justice of Georgia. The court ordered the respondent party to disclose information on the number of applications received with the request of accessing archival documents and relevant decisions taken. The National Archives of Georgia was directed to disclose the information even though they did not process the statistical data requested by IDFI.

Role of the Judges in the Criminal Justice System - The Results of a Qualitative Study

The study aimed to identify the issues in regard to the role of judges that legal professionals (judges and lawyers) find important for ensuring fair, impartial and human rights oriented criminal justice system. 

Access to Court Decisions – Constitutional Court Grants the Appeal of IDFI

Access to court decisions in Georgia significantly deteriorated from October 2015. The balance between personal data protection and access to public information was disrupted as unconditional priority was given to personal data protection.IDFI found that existing regulation on access to court decisions violated the Constitution of Georgia and filed an appeal at the Constitutional Court of Georgia. On June 7, 2019, the Constitutional Court of Georgia granted the appeal of IDFI.  

Threat Posed to Freedom of Expression in Georgia

Compliance with Procedural Time Limits for Considering Cases and Preparing Judgments in Tbilisi City Court - Practice of 2015-2018

The excessive caseload of common courts of Georgia has been a significant challenge for years. Procedural delays in case processing pose a risk of violating the right to a fair hearing within a reasonable period - the right to a fair trial. In addition, the abundance of cases may have an impact on the quality of judgments and their justification.

Increasing Transparency of Archival Documents in Georgia – Legislative Proposal of IDFI

Although transparency and accountability constitute declared proprieties on the political agenda of the Government of Georgia, the country still stands considerably behind in regards with access to historical archives as compared to other Eastern European states.