The State Inspector’s Investigative Power Will Come into Force On 1 November

2019-10-30 16:06:06
On 1 November, 2019, the State Inspector’s Service will launch exercising its investigative authority. The event dedicated to entry into force of the investigative function was opened by the Prime-Minister of Georgia, Giorgi Gakharia and the State Inspector, Londa Toloraia.

The event was attended by the members of the Government, Members of the Parliament and the representatives of other public institutions, diplomatic missions, international organisations and non-governmental organisations.

From 1 November, 2019 on, the State Inspector’s Service will investigate crimes committed by a representative of law-enforcement authorities, by an official or a person equal to an official. The Law on “the State Inspector’s Service” was adopted in 2018. The Law authorizes the State Inspector’s Service with the power of effective and impartial investigation of the mentioned offences. Establishment of independent investigative mechanism is in line with the recommendations by international organisations, experts and the Public Defender.

As Londa Toloraia stated, the State Inspector’s Service is prepared to exercise its investigative power: “Investigation Department consists of the personnel with diverse experience, selected through open competition and the Department is equipped with necessary equipment and instruments to conduct investigations” The State Inspector addressed to the guests and provided information regarding the activities carried out in this regard. Londa Toloraia further highlighted that the effective functioning of the body largely depends on collaboration among the state institutions.

At the first stage, the offices of the State Inspector’s Service will be located only in Tbilisi and Kutaisi. Initially, the East and West Units of the Investigation Department will include 16 investigators. Hotline of the Service also operates (Number – 199), accessible for every interested person during 24 hours.

The State Inspector Service is legal successor of the Office of the Personal Data Protection Inspector. The Office of the Personal Data Protection Inspector operates as the State Inspector’s Service since 10 May, 2019. The reorganization was conditioned due to the investigative function granted to the Service. The Service oversights personal data protection and monitors activities performed within the central database since 2013.

The State Inspector Service’s investigative authority extends to the following crimes:

  • Torture;
  • Threat of torture;
  • Degrading or inhuman or treatment;
  • Abuse of official power committed with the use of violence, a weapon or by insulting a victim’s personal dignity;
  • Exceeding official power committed with the use of violence, a weapon or by insulting a victim’s personal dignity;
  • Coercion of a person by threats, deception, blackmail or other unlawful act to provide an explanation, testimony, or a report;
  • Coercion of a person placed in a penitentiary facility into changing a testimony or refusing to testify; also, coercion of a convicted person in order to interfere with the fulfilment of his/her civil duties.
  • Other crimes, that caused a person’s death if at the time of the commission of the crime the victim was placed at a temporary detention facility or penitentiary institution or at any other place which the person, contrary to his/her will, was forbidden to leave by a representative of a law-enforcement authority, by an official or by a person equal to an official, or if the person was under an effective control of the state by other means.

The event was held with the assistance of EU and UN joint project.