The Commissioner for Human Rights in the Republic of Abkhazia, Asida Shakryl, filed a lawsuit to the military court against the RA State Security Service.
6 February 2020

The Commissioner for Human Rights in the Republic of Abkhazia, Asida Shakryl, filed a lawsuit to the military court against the RA State Security Service. The reason for filing a claim was actions (omissions) of the Chairman of the State Security Service of the Republic of Abkhazia Z. B. Marganiya, which led to the denial of the Commissioner’s right to visit the pre-trial detention center of the RA State Security Service. Since the year 2018, the Ombudsman kept requesting information from the State Security Service and was left without an appropriate response. The Chairman of the SSS refused the Commissioner admission to the pre-trial detention center on the grounds that "A person admitted to information about state security bodies undergoes the admission procedure". According to paragraph 4 of Article 13 of the Law "On the Commissioner for Human Rights of the Republic of Abkhazia", to visit the above-mentioned places, the Commissioner must present his valid service certificate only. Part 2 of Article 20 of the Law "On the Commissioner for Human Rights” regulates the provision of State, commercial or other high-security information to the Ombudsman, when required. As for the obligations of the Commissioner related to the non-disclosure of state secrets, they are regulated by paragraph 4 of part 1 of Article 8 of the same Law. It obliges the Commissioner to keep State secrets and other secrets protected by law, and not to divulge any confidential information brought to the attention of the committee, including after the expiration of his/her term of office. The Ombudsman clarified that there is no limitation in Article 7 of law “On State Secrets” for the information related to violation of human rights, and the violations of the law by State authorities and their officials. “The officials who have decided to classify the listed information as a state secret, bear criminal, administrative or disciplinary responsibility, depending on the damage caused to society.”

In her statement, the Commissioner noted that "activities of the state security bodies aimed at ensuring the security of the individual, society and the state should not run counter to the work of the Ombudsman, whose only mission is the protection of civil rights and freedoms. The effective work of these two bodies, built on respect for law and democratic principles, aimed at ensuring human security, is the key to strengthening the State."




Back to the list


Submit a complaint