On June 15th 2021, GDI has applied to the Constitutional Court of Georgia with a complaint. The constitutional complaint concerns the content of the provisions of the General Administrative Code of Georgia according to which the Code, including its provisions on freedom of information, does not apply to the activities of the Government (investigative bodies) which concern the keeping of materials of the terminated criminal law cases and release of these materials as public information. Such a regulation is contrary to article 18 of the Constitution of Georgia.
Article 18 of the Constitution of Georgia stipulates that everyone has the right to be familiarized with information or an official document kept in public institutions in accordance with the procedures established by law. This constitutional provision serves the general purpose of accessibility of information kept in public bodies – ensuring public control and public participation in governance. According to the Constitutional Court of Georgia, “open governance is essential in democratic society for strengthening trust between citizens and governmental bodies, prevention of infringements of law (such as corruption, nepotism, misuse budgetary resources) and timely exposure of the existing violations”.
In view of GDI, there can no longer be any legitimate interest of the investigative bodies with respect to terminated criminal cases and access to such cases as public information is constitutionally guaranteed to any interested person. This accessibility will in turn ensure the strengthening of public control over the investigative bodies.
