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HRC and EMC will request public information from the Minister of Justice through Court Litigation

23.12.2019

 
Two human rights organizations – Human Rights Center (HRC) and Human Rights Education and Monitoring Center (EMC) requested public information from the Ministry of Justice through court litigation. The organizations lodged administrative lawsuit to the Tbilisi City Court on December 20 after the Ministry of Justice did not provide them with the requested public information about the state of Ramzan Akhyadov, ethnic Chechen prisoner, who was extradited to the Russian Federation by Georgia.

On October 8, 2019, Human Rights Center petitioned the Minister of Justice to provide public information whether the Ministry monitored, as promised, how the Russian Federation executes the guarantees declared in relation with Ramzan Akhyadov. The Minister did not release the requested information within 10 days, as it is required by the law, on October 22, 2019 and the HRC repeatedly petitioned the Ministry to provide the following information: has the Ministry of Justice of Georgia requested the Russian Federation information about the conditions of Ramzan Akhyadov in the prison establishment of Chechen Republic and how the Russian Federation follows the declared legal guarantees. The Minister (Ministry) again violated the 10-day term of releasing the requested public information.

On October 2, 2019, EMC petitioned the Minister of Justice Thea Tsulukiani to provide them with the public information whether the Ministry was informed about the whereabouts of Ramzan Akhyadov, whether the Russian Federation had provided them with relevant evidence (which concrete evidence) to prove that after being extradited Ramzan Akhyadov was not subjected to torture or inhuman treatment. The EMC has not yet received answer from the Ministry.

In accordance to the Article 38 of the General Administrative Code of Georgia, the public institutions shall be obliged to ensure availability of copies of public information. In accordance to the Article 40 of the same law, a public institution shall be obliged to issue public information, including the public information requested electronically, immediately or not later than 10 days. The Ministry and Minister of Justice has not answered any letters and violated the Articles 37, 38 and 40 of the General Administrative Code of Georgia. 
 
Human Rights Center and Human Rights Education and Monitoring Center call on the Minister of Justice, due to high public interest, timely release the public information and provide the society with the information about the imprisonment and health conditions of Ramzan Akhyadov. At the same time, it is significant that the Minister of Justice of Georgia presented the documentation proving the execution of so-called guarantees by the Russian Federation, as it was declared to the Government of Georgia. 

Human Rights Center
Human Rights Education and Monitoring Center 

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