Statement of Public Defender

According to the information disseminated by the Prosecutor’s Office of Georgia on January 14th, 2013, Tbilisi Prosecutor’s Office is investigating the facts of an abuse of power by ex seniors of the Department of Military Police under the Ministry of Defense of Georgia, involving acts of violence and abuse of dignity of individuals.
 
Along with the dissemination of the statement by the Prosecutor’s Office, different media outlets publicized concealed video describing the sexual life of persons connected to the case. This video has been passed to them by the Prosecutor’s Office of Georgia.
 
Right to respect for private life is protected by the European Convention on Human Rights article 8, International Covenant on Civil and Political Rights article 17 as well as by the Constitution of Georgia article 20. Despite the fact that this right, by its nature, is not absolute, in case of intervention, the State should be guided by the principle of proportionality and determine the necessity of interference in a democratic society.
 
Even though concealing means are utilized in the disseminated video, due to their quality, they do not ensure full cover up of recorded individuals. It is possible to identify physical appearance, hair color and clothes. Due to the abovementioned fact certain part of the society might be able to identify these individuals.
 
Publicizing this video leaves certain risk of identifying recorded individuals, that puts inviolability of their private life under question. It is understandable, that increased public interest may exist in cases like this; however, complying with this legitimate requirement should not violate the right to respect one’s private life. 
 
Public Defender calls on Prosecutor’s Office of Georgia and media outlets, to disseminate information, which may harm private life of an individual, with special caution in the future. At the same time Public Defender addresses the Prosecutor’s Office of Georgia to undertake effective measures in order to establish truth on the case.

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