Asida Shakryl made a statement calling on public authorities, media, and residents of Abkhazia to comply with the legislation and prevent human rights violations during a state of emergency.
10 April 2020

Asida Shakryl made a statement calling on public authorities, media, and residents of Abkhazia to comply with the legislation and prevent human rights violations during a state of emergency.

The statement reads as follows:

"Dear citizens of Abkhazia!

The COVID-19 pandemic, which has taken a significant toll on people all over the world, compels us to take concerted action to protect the citizens of Abkhazia from both the virus and its consequences. Given the spread rate of this infection, we urge everyone to comply with public health recommendations and state regulations. Given that we have not yet faced such challenges in modern history, we must realize that we lack knowledge, resources, and organization to deal with a possible pandemic. We, therefore, need to act in a more coordinated manner in order to face up to this threat. But the fight against the pandemic should not turn into a fight against people, who are infected with the coronavirus. It is worrisome to see the increased aggression on social media towards people infected with the virus. If any person infected with the COVID-19 violates quarantine rules and regulations, he might be held accountable. However, this does not justify hate and discrimination on social media, that incite hostility in society.

On March 30, 2020, the personal information of a woman diagnosed with COVID-19 was released on social media and TV. A photo of her foreign passport became public. Unfortunately, the second reported COVID case was also excessively disclosed. A video from the hospital ward, where the patient was being treated was leaked into social media. Such actions violate the fundamental rights of these citizens.

It is important to bring to attention the fact that protective measures, implemented for the control of the COVID-19 pandemic, should not violate the basic rights of an individual, such as the right to be respected for personal autonomy. According to article 14 of the Constitution of the Republic of Abkhazia, everyone has the right to the inviolability of private life, personal and family secrets, protection of honor, and good name. Abkhazian legislation also contains provisions on liability for the violation of privacy. Article 132 of the RA Criminal Code prohibits the collection and disclosure of personal information without the consent of the individual. The penalties for non-compliance with the law are fines from 20,000 to 60,000 roubles or community service for at least two years. We remind you that according to Article 20 of the Law of the RA «On Health Care», doctors and other medical and pharmaceutical workers have an obligation to protect the confidentiality of patient health information. Exceptions are cases where it is necessary to prevent or control the spread of infectious disease, or when this information is reasonably required by the criminal prosecution authorities.

In view of the above, we encourage RA authorities to actively inform the public on the imposition of any measures, that restrict certain rights during a public emergency. We encourage State administration, public and private media, as well as all residents of Abkhazia, to respect the law and prevent violations of human rights. The Law «On the mass media» (article 4) contains provisions on the inadmissibility of the use of mass media for incitement to national, racial, or religious hatred and intolerance, and for disclosure of any information constituting state and official secrets. We encourage the Prosecutor General's Office of RA to closely monitor the observance of human rights and the rule of law under the state of emergency regulations.

We urge the Parliament of the Republic of Abkhazia to start working on privacy legislation and to introduce effective penalties for unauthorized processing of personal information. We all understand that these are challenging times and everyone has a responsibility to work together to overcome the challenges posed by COVID-19.

Ombudsman's office asks all citizens of Abkhazia to show support and care for one another.


With all due respect, Asida Shakryl.



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