Was It Lawful to Publish Information about Ivanishvili’s Charity Activities?

Gia Meparishvili thinks it was criminal offence

Newspaper “Resonance”

“Reportedly, when inspecting the Cartu Bank, the National Bank of Georgia obtained the list of people who received financial aid from Ivanishvili. I cannot understand how Georgian media outlets got hold of the information. No, it is not so difficult to imagine what happened. An obvious political directive is easily viewed behind similar lustration which, by the way, did not succeed at all,” said law expert Gia Meparishvili in his interview with the newspaper Resonance.

Gia Meparishvili: “Despite all their efforts, the society did not get astonished with the fact and they disliked neither Ivanishvili nor the people who received his aid. It was quite predictable and those, who made similar instruction – I have no idea who they were – made a big mistake. The point is that all these procedures breached the law; it was crime which shall be investigated and punished under the law.

There is a notion in the international and Georgian law – inviolability of personal life. Privacy of bank account is one segment of this right. Anyone has right to keep his/her salary or other fiscal procedures if it is conducted at the bank. Every physical person has this right guaranteed under the Constitution of Georgia (Article 20, Paragraph 1). The Criminal Code of Georgia envisages punishment for the violation of personal life. Many international acts guarantee inviolability of personal life; among them is the European Convention on Human Rights. This particular case from the recent history of Georgia vividly contradicts the law and I have never heard any other cases when fundamental human rights were so much ignored.

If it had happened in the classical democratic country, it would have given a push to serious political and social changes! Unfortunately, in our country nobody paid attention to it and the Georgian society blinded eye to similar barbarian act. I am afraid unless this fact is properly studied, it will happen in future too and next time similar violation will be more blatant and impudent… I wonder why human rights organizations and diplomatic corps accredited in Georgia did not pay attention to this fact. I wonder what would have happened if any news agency had released similar information in any countries abroad? What would have happened with the people, who are responsible to keep personal information inviolable except several cases envisaged by the law and which can be released only based on the court decision?

In the framework of the bank monitoring the Cartu Bank was required to provide the National Bank with any requested information. During similar procedures, the National Bank takes responsibility to protect inviolability of personal life of bank customers and it is not only inviolability of person life for bank personnel but their service obligation too. It is a legal axiom. I think the Chief Prosecutor’s Office of Georgia should start relevant investigation of the fact. I believe activities of several governmental officials really contain signs of crimes punished under Articles 157 [inviolability of personal and family life] and 332 [abuse of professional power] of the Criminal Code of Georgia and their activities shall be legally evaluated.”

“Resonance” asked: - do you hope that it will happen? And Gia Meparishvili answered: “If the government fails to take similar measures, it will prove that information was released because of the government’s desire to politically revenge the businessman. This fact is incredible, dangerous and causes concern. Let us wait for the future process; moreover Criminal Procedural Code of Georgia has a provision in its Article 101 Paragraph I which obliges corresponding agencies to launch investigation on the release of similar information in mass-media.

According to Interpressnews’ press review