Since 2017 a system for monitoring public official’s asset declarations has been operating in Georgia. This system involves monitoring the completeness and accuracy of the provided data in the declarations by the Civil Service Bureau. For this purpose, declarations are selected in three ways: a) randomly selected by an electronic system; b) with a well-grounded written statement c) by an independent committee.[1]
The latter was established in 2019 for the first time and consisted of representatives from both civil society organizations and academia. Georgian Young Lawyers’ Association was also involved in the committee. Last year on January 11, 302 declarants were selected by the committee [2], including Shalva Tadumadze. According to the legislation, the monitoring results are published by the Bureau at the end of each calendar year. [3] On December 31, the Civil Service Bureau published the document [4], which did not reflect monitoring results of Shalva Tadumadze’s declaration.
Subsequently, GYLA asked the Civil Service Bureau for an individual administrative-legal act, which would specify why the monitoring results of Shalva Tadumadze’s declaration were not included in the final report. [5] The Civil Service Bureau refused to provide the information without any explanation. [6] The only case, when the Bureau might have had the ground not to disclose the data is deliberate input of the incomplete or inaccurate data in the declaration by Shalva Tadumadze, in this case the Bureau is obliged to refer the case to the law enforcement agency. [7] It is important that GYLA has also requested identical information on several other officials, who likewise, were not included in the report. In these cases, the Bureau provided information thoroughly.
GYLA calls upon the Civil Service Bureau to disclose the monitoring results of Shalva Tadumadze’s asset declaration and to clarify the legal ground for keeping it secret.
GYLA will appeal to the City Court on refusal to release public information.
[1] Ordinance No. 81 of February 14, 2017 of the Government of Georgia “On Approval of instructions for monitoring asset declaration of a public official subject to monitoring”, Article 4.
[2] Protocol No. 1 of the Sitting of January 11, 2019, of the Independent Committee established to select the asset declarations of public officials subject to monitoring during 2019. Available at: http://www.csb.gov.ge/media/1817/file.pdf, updated on 04.03.2020
[3] Law of Georgia on Conflict of Interest and Corruption in Public Service, Article 181.
[4] Report on monitoring (conducted in 2019) results of asset declarations of the public officials, Available at: https://bit.ly/39gkLQy, updated on 04.03.2020; Annex to report on monitoring (conducted in 2019) results of asset declarations of the public officials, Available at: https://bit.ly/39gkLQy, updated on 04.03.2020;
[5] Statement (#c-04/37-20 dated on February 18, 2020) of Georgian Young Lawyers’ Association.
[6] Letter (#c 1691 dated on February 28, 2020) of the Civil Service Bureau.
[7] Law of Georgia on Conflict of Interest and Corruption in Public Service, Paragraph 13 of Article 181.