Constitutional Court to review the constitutionality of prohibition on copying the criminal case materials

On March 28th, 2019, the Constitutional Court to hold the consideration on merit Konstantine Gamsakhurdia's constitutional claim against the Parliament of Georgia. GYLA and the lawyer Amiran Giguashvili to represent the claimant's interests. The subject of dispute is the norm of the Criminal Procedure Code that prohibits the victim the right to obtain the copies of the criminal case materials.

The legal representative of the victim, Konstantine Gamsakhurdia's lawyer Amiran Giguashvili addressed the Prosecutor's Office and requested copies of the case materials started on the assassination of the first president of Georgia Zviad Gamsakhurdia. In response, Amiran Giguashvili was informed that the victim's legal representative, Konstantine Gamsakhurdia and his lawyer had the right to get familiar with the case in the Prosecutor's Office, make the manual records from the case, but the legislation did not envisage the right to make copies of the case materials. The constitutionality of the restriction of this right to the victim shall be considered by the Constitutional Court.

The Claimant party considers that the prohibition of copying the case materials to the victim is contradicting the right to have access to the information stored in a public agency guaranteed by Article 18, paragraph 2 of the Constitution.