As it is known to the public, in September 2021, it became known through various social networks and media about the disclosure of secret files of the State Security Service. It is clear from the disseminated information that different persons used to be eavesdropped on, and information on them had been obtained. The Tbilisi Prosecutor's Office is investigating this fact under the first, second, and fourth parts of Article 158 of the Criminal Code (subparagraph "a"), which stipulates violation of the rules of private communication and illegal use of the obtained information. [1]
GYLA protects the interests of the person regarding whom the records of private communications are allegedly obtained illegally. GYLA applied to the Investigation Authorities with a request to recognize the mentioned person as a victim, which, despite the existence of procedural preconditions, was not satisfied on January 28, 2022.
Although several months have passed since the start of the investigation, most of the alleged victims are not even aware of the investigation and the investigation results. In addition, the person already interviewed, who wishes to get acquainted with the actions taken by the investigative agency, does not have the opportunity to do so, as they have not been recognized as a victim.
GYLA will appeal in court in the coming days against the decision to refuse to recognize a person as a victim. We hope that the court will properly assess the procedural standards required to identify a person as a victim and will meet the requirement.
We call on the Investigative Authorities, given the high public interest, in this case, to inform the public about the progress of the investigation step by step.
Individuals who have information about the unauthorized recording, eavesdropping, or misuse of their private communications may contact the Investigative Authorities. GYLA has prepared a standard application for such persons, and any person can use it.
See the sample application in the attached file.
[1] Unauthorized recording or eavesdropping of private conversations, as well as computer transmissions to or from a computer system during private communication