Georgia: Draft surveillance legislation adopted unexpectedly, wants additional elaboration, finds Venice Fee opinion

The draft legislation amending Georgia’s process for using covert investigative measures was adopted in a hasty process and requires each affect evaluation and extra detailed justification, based on an pressing opinion from the Council of Europe’s Venice Fee of authorized and constitutional specialists. The opinion concludes that the general oversight mechanism of secret surveillance measures in Georgia appears to be insufficient and there’s a want for a complete revision of current covert surveillance techniques.

The draft legislation on the Amendments to the Felony Process Code was adopted by the Parliament of Georgia on 7 June 2022. The amendments have been subsequently vetoed by the President of Georgia, whose administration requested an pressing opinion from the Venice Fee on 1 July. The opinion stresses that freedom of communications and privateness are basic values in any liberal society. Covert surveillance measures ought to due to this fact be cautiously worded and narrowly interpreted by state businesses and the courts.

Nevertheless, on this case, the opinion identifies shortcomings in regards to the high quality of the law-making course of, the proposed record of crimes eligible for covert investigation, the length of covert investigation measures, notifications about such measures and the techniques of judicial management and institutional oversight. The opinion recommends revising the general authorized framework for oversight of covert surveillance earlier than embarking on discussions concerning the particular proposals contained within the draft legislation.

The opinion will likely be submitted to the complete Venice Fee for endorsement at its subsequent plenary session, from 21 to 22 October 2022.

 The Venice Fee and Georgia

 Press launch: Georgia: Draft surveillance legislation was adopted unexpectedly and wishes additional elaboration, finds Venice Fee opinion