The ruling Georgian Dream's intention to scrap the State Inspector's Service has triggered a backlash from the opposition and NGOs, who linked the ruling party's move to the recent steps by the Inspector's Service in relation to jailed former President Mikheil Saakashvili.

Georgian Dream tabled a draft law proposing to scrap the State Inspector's Service and create in its place two agencies - the special investigation service and personal data protection service.

According to the draft, the special investigation service will be empowered to investigate crimes presumably committed by officials, while the personal data protection service will supervise the legality of processing personal data and exercise control over access to electronic communications database.

The new state agencies will be set up and new heads will be appointed by 1 March 2022.

Grievances over ruling party's move

The timing of the initiation of the draft law coincided with decisions made by the State Inspector's Service in relation to the Mikheil Saakashvili case. The service fined the Justice Ministry for obtaining and publicising Saakashvili's personal data. Therefore, the opposition believes that with this initiative, the authorities are trying to punish State Inspector Londa Toloraia.

Footage earlier released by the Penitentiary Service showing how Saakashvili ate porridge and drank juices in prison, while he said he was on hunger strike.

For his part, Saakashvili argued that that Georgian Dream's decision to abolish the State Inspector's Service was linked to the ongoing investigation the Inspector's Service launched into "torture and inhumane treatment" applied against him. Saakashvili was referring to the video showing him verbally assaulting prison guards and then being dragged into the prison hospital.

"The upcoming findings by the State Inspector's Service would have provided a solid ground for the Strasbourg Court of Human Rights to demand my immediate release," Saakashvili signalled.

NGOs criticised ruling party

Georgian NGOs also condemned the move as "political score-settling."

"It is a problem and legal arbitrariness that a draft law pertaining to such an important issue of public interest was prepared in an absolutely covert manner without the involvement of representatives of the service, civil society organisations, or other stakeholders.

“In addition, the accelerated initiation of the draft law proves that the authorities are interested in obtaining influence over the independent institution rather than holding deep professional discussions on this issue," Georgian NGOs said.

NGOs also noted that the Inspector's Service also criticised the law enforcement agencies for publishing footage obtained by spying on opposition TV cameramen Lekso Lashkarava, who was beaten during the 5 July 2021 attacks on journalists by anti-LGBT protesters and died several days after the attack. The Interior Ministry linked his death to a drug overdose.

“Against the backdrop of extreme political polarisation, the capture of state institutions, and public distrust in law enforcement agencies and justice, the secret and speedy registration of the draft law behind the closed door aimed at abolishing the state agency and prematurely terminating the powers of the state inspector is nothing other than political score-settling against the institution, which, as an exception, managed to win at least some public trust," NGOs added.

Ruling party rebuffs accusations

Georgian Dream dismissed the accusations.

"One service will be replaced by two, never mind abolishing it. This service will even have additional investigative functions," the Georgian Dream Chairman Irakli Kobakhidze said, adding that when the service was set up, most members of the party supported this idea, which was not implemented "because of some political issues."