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Draft

The Law of Georgia on Combating Terrorism

Chapter I. General Provisions

This law defines the forms and the legal basis of combating terrorism, as well as the rule for the coordination of the government agencies in the sphere of combating terrorism, the grounds for participation of the public associations and organizations, the officials and the citizens in this process, and their rights, liabilities and the guarantees of their social security.

Article 1. Basic Interpretative Provisions of the Principal Concepts and Terms in the Law

The Principal concepts and terms used in this law have the following meaning:

Terrorism – the violence or the intimidation to commit a violence directed  against a person or the legal entity; also the destruction or causing damage to buildings, means of transportation, communication and of other material  facilities, or the intimidation to cause damage or destruct them with the weapons, explosives, nuclear, chemical or biological materials or other substances harmful to life and health; or kidnapping or taking hostage in order to force the government or any agency of it to act or to refrain from action  in the unlawful interests of the terrorists.

Terrorist Act – explosion, arson, use of weapons or other act which causes the danger of human extermination, the damage of valuable property or causes other far-reaching consequence, infringes public security, important political or economic interest of the government and is committed to intimidate the population or to make an influence over the government agency.

Terrorist Activity – activity which includes:

a) Organization, formulation of the plan, preparation and carrying out of a terrorist act;

b) Incitement to commit a terrorist act, commission of violence against a person or a legal entity, or destruction of the material facilities for the purpose of terrorist act; 

c) Organization of illegally armed units or groups to commit terrorist act or to take part in it; 

d) Recruitment, armament, training and using of terrorists;

e) Propaganda of the terrorism ideology;

f) Deliberate financial support and assistance of terrorist groups (organizations);

International Terrorism – any terrorist activity carried out:

a) By terrorists or terrorist organizations on the territory of another state (states) or the case when it caused damage to another state (states); 

b) By the citizens of one state against the citizens of another state;

c) The case when the terrorist along with its victim are the citizens of the same or of the different states but the terrorist act is committed outside the states of their citizenship.

Terrorist – a person who participates in the terrorist activity.

Terrorist Group – association of two or more persons to conduct terrorist act (activity).

Terrorist Organization – the organization (notwithstanding its form) created for the purpose to commit the terrorist acts and to carry out the terrorist activities. The organization may be considered as the terrorist organization in the case when even only one of its structural subdivisions or its single member carries out terrorist activity with the permission of the leader(s) of this organization.

Hostage – a person seized in order to force the government, international organizations, high rank politicians or any other people to act or refrain from any action in return for release of the seized person.

Combating Terrorism – activity aimed to reveal, prevent, eliminate terrorist activities and to minimize their effects.

Counterterrorist Operation – the complex of the special activities aimed for the prevention and elimination of the terrorist offences, for the provision of the personal security, neutralization of the terrorists and minimization of the negative effects of the terrorist act or any other offences committed for the terrorist purposes.

The Area for carrying out the Counterterrorist Operation – each segment of location and the area of water, means of transportation, premises, institutions and the territories in the neighborhood or the area of water where the above-mentioned operation is carried out. 

The Regime in the Area for Carrying Out the Counterterrorist Operation – an emergency situation that may be established during the period of carrying out the temporary counterterrorist operation and is envisaged to grant special authority provided by the law to a subject combating terrorism and is necessary for the release of hostages, for the life and health of the citizens, the normal functioning of the government agencies, local governance, institutions, factories and organizations.

Article 2.  Legal Basis for Combating Terrorism

The legal bases for combating terrorism are the Constitution of Georgia, international conventions and agreements, laws of Georgia, this law and other legal acts.

Article 3. General Principles of Combating Terrorism

General principles of combating terrorism are the following:

a) Legality;

b) Protection and respect of rights and freedoms of the persons and the legal entities;

c) Foreground task of protection of human life and health in the process of combating terrorism;

d) Priority of implementation of preventive measures;

e) The aggregated application of the legal, political, social-economic, propaganda, informational and other capacities;

f) Enter into negotiations with terrorists to prevent the foreseeable negative effects of the terrorist offence;

g) Joint leadership of the forces and means involved in the counterterrorist operations;

h) Protection from access the information regarding the tactics and the technical means used, as well as on the participants in the counterterrorist operations.

i) Inevitability of punishment for terrorist activity.

Chapter II. Organizational Bases for Combating Terrorism

Article 4. Subjects who Combat Terrorism

1. The government of Georgia coordinates the process of combating terrorism and provides the special means and material resources for it.

2. The process of combating terrorism is the direct responsibility of the following subjects:

a) The Ministry of Internal Affairs of Georgia (is the main agency within the unified state system of combating terrorism)

b) The Ministry of Defense of Georgia;

c) The Special Service of Foreign Intelligence of Georgia;

d) The Special Service of State Defense of Georgia.

4. The other government agencies participate within their competence in the process of combating terrorism as well under the rule prescribed by law.

Article 5. Authority of the Persons Directly involved in Combating Terrorism

1. The Ministry of Internal Affairs of Georgia is the main agency in the process of combating terrorism via special (operational, operational-technical) and operational-searching measures which are directed to reveal, prevent and eliminate terrorist activities; as well as to reveal, prevent and eliminate the offences committed with terrorist purpose and to investigate them within its competence. The Ministry collects and classifies information on activities of foreign or international terrorist organizations. The Counterterrorist Center (hereinafter referred as “Center”) of the Ministry of Internal Affairs of Georgia directly carries out counterterrorist operations and within the power established by the legislation of Georgia coordinates activities of subjects involved combating terrorism. The other subdivisions of the Ministry of Internal Affairs of Georgia provide with necessary forces and means and ensure their effective use in carrying out the counterterrorist operation.

2. The Ministry of Defense of Georgia ensures the protection of those shooting and jet weapons, ammunitions, explosive and poison substances which are placed in the military units or are kept in certain places. In case of committing the  terrorist act in the air space or within the territorial waters, the Ministry organizes preparation and use of land forces, air forces, air space protection subdivisions and navy of armed forces of Georgia. The Ministry participates in counterterrorist operations carried out in the military objects.

3.The Special Service of Foreign Intelligence of Georgia collects, processes and presents to the relevant agencies the information on foreign and international terrorist organizations acting outside Georgia in accordance with the law. The Service participates in counterterrorist operations within its competence.  

4. The Special Service of State Defense of Georgia takes part in those counterterrorist operations, which are directed against officials and those objects which are under their protection.

Article 6. Authority of other subjects, involved in combating terrorism

Subjects, which are involved in combating terrorism, within their competence carry out the measures to reveal, prevent and eliminate the terrorist acts and terrorist offences, they elaborate and implement precautionary, security, organizational, educational and other kind of activities; provide with the terms for counterterrorist activities on those objects, which are under their administration. While carrying out such operation the corresponding unit is provided with the material-technical assets, financial resources, means of transportation and communication, medical equipments and medicines, as well as with the necessary information for the performance of task and other means.

Chapter III. Management of Crisis Resulted by Terrorist Activity and Carrying Out the Counterterrorist Operation

Article 7. Management of Crisis

1. In the case of crisis, resulted by terrorist activity, Operative Headquarter of Crisis Management is established by the decision of the President of Georgia. The Headquarter is headed by the Minister of Internal Affairs of Georgia.

2. The rule of conduct and organization of the Operative Headquarter of Crisis Management is defined by the President of Georgia.

Article 8. Means and Forces for Counterterrorist Operations 

1. While carrying out the counterterrorist operation, with the purpose of elimination the terrorist act the Operative Headquarter is authorized to attract necessary forces and means of the executive government agencies. On the basis of the law, the executive government agencies shall provide the necessary armament, special, transport, communication and other material means necessary for carrying out the counterterrorist operation.   

2. The intensity of the use of the weapons, of the special means and of the physical coercion is determined according to the concrete situation, the terrorist offence and the individual characteristics of terrorist.

Article 9. Leadership of Counterterrorist Operation

1. From the moment of taking start of the counterterrorist operation all participants of the counterterrorist operation obey to the Head of Operative Headquarter.

2. Head of counterterrorist activity determines the borders of the counterterrorist activity area, makes decision on distribution of attracted forces and means for carrying out the operation.

3. Involvement of any other person in the process of management of counterterrorist operation is prohibited. 

Article 10. The Legal Regime in the Area of the Counterterrorist Operation

1. While carrying out the counterterrorist measures two areas of the special legal regimes are established – the area of security and the area for carrying out of counterterrorist operation. 

2. Decision on establishment of the areas is made by the Minister of Internal Affairs of Georgia – Head of Operational Headquarter for Crisis Management. Decision is immediately acknowledged to the President of Georgia, the Parliament of Georgia, the local government agencies and is promptly published in the means of mass media. 

3. Security area means the territory where the agencies involved in combating terrorism under the rule prescribed by law are temporarily entitled to:  

a) Establish the checking out points for the inspection of the means of transportation;

b) Patrol and check the ID cards of the citizens.

4. Area for carrying out of the counterterrorist operation means the territory, where counterterrorist operation is directly conducted.

5. In the area for carrying out the counterterrorist operations the persons involved are entitled under the rule prescribed by law:

a) To take measures in order to restrict or forbid movement of pedestrians and means of transportation in the streets and  on the road  in the case of necessity until completion the counterterrorist operation;

b) To check the ID cards of the citizens in order to identify them;

c) To detain those who do not obey the lawful requirements made by persons involved in the counterterrorist operation, as well as those who trespasses or attempts to trespass the area of counterterrorist operation;

d) To enter immediately the apartments, other premises belonging to them or plots, territories of organizations and institutions (notwithstanding type of ownership), means of transportation while eliminating the terrorist act or persecuting a person suspected of terrorist act, if delay may cause explicit threat to human life and health; To use means of communication, including special means, belonging to the citizens and organizations; To check personal belongings, means of transportation and luggage; The use of the technical means when entering and leaving the area of counterterrorist activity is permitted;

e) To use means of transportation belonging to the citizens, factories, institutions, organizations and public associations, except consulate of foreign states, diplomatic and international organizations as well as the means of transport of the organizations being under international protection, in emergency cases in order to prevent terrorist act, persecute and detain a person committing terrorist act or take a person into hospital to render the urgent medical aid.   

6. In the security area and the area for carrying out the counterterrorist activities the agencies combating terrorism within their competence carry out other authorities assigned by the legislation of Georgia.

Article 11. Right to Refer to the Special Means and to Use the Physical Coercion

A participant of counterterrorist operation is entitled to use the special means and /or physical coercion to ensure the personal security and the security of the citizens, to suppress the offence and to detain the offender, if without it the participant of counterterrorist operation will not be able to perform service duties prescribed by the law. 

Article 12. Entering into Negotiation with Terrorists

1. During the counterterrorist operation, to protect the human life and health, to maintain material values, and to prevent the terrorist act without enforcement methods, it is permitted to negotiate with terrorists under the rule prescribed by law.

2. In the process of negotiation with terrorists only specially authorized persons are admitted by the Head of counterterrorist activity.

Article 13. Provision with the Information of the Population on the Terrorist Act

1. The society is provided immediately with information on terrorist act through the means of mass media or any other forms for population regarding the counterterrorist operation. The scope of information is determined by the Head of counterterrorist operation. 

2. It is forbidden to distribute the information, if it:

a) Makes clear the purposes, tactics, special operational and technical means and measures of counterterrorist operation;

b) Complicates counterterrorist operation and endangers the health and life persons within or out of counterterrorist activity area;

c) If it is related to the activities of the employees of the special subunit combating terrorism, to the members of the Operative Headquarter of Management of Counterterrorist Activities, also to the activity of those persons who have participated in the mentioned operation.

3. The presence of TV broadcasting mobile stations and/or media reporters inside the counterterrorist activity area is limited. Decision on their permission is made by the Operational Headquarter of Crisis Management.

Article 14. Completion of the Counterterrorist Operation 

1. Counterterrorist operation is considered completed, when the terrorist act is finally eliminated and threat against human life and health within or out of counterterrorist operation area is exterminated. 

2. The Head of counterterrorist activity makes decision to declare the counterterrorist operation completed. Information on such decision is informed immediately to the population through the means of mass media.

Chapter IV. Compensation of Damages, Resulted by Terrorist Act and Social Rehabilitation of Victims

Article 15. Compensation of Damages, Resulted by Terrorist Act

1. Damage to persons, resulted by the terrorist act or its elimination is compensated from the state budget – according to the rules prescribed by laws.

2. Damage to legal entities, resulted by the terrorist act or its elimination is compensated according to the rules prescribed by law.

Article 16. Social Rehabilitation of Victims, Damaged as a Result of Terrorist Act

1. Social rehabilitation of victims, damaged as result of terrorist act, also of the persons listed in the article 17 of this Law, is carried out from the state budget of Georgia.

2. The rule of social rehabilitation of victims of the terrorist act is determined by the President of Georgia.

Chapter V. The Legal and Social Protection of Persons Involved in Combating Terrorism

Article 17. Persons involved in combating terrorism that are subject to legal and social protection

1. Persons involved in combating terrorism are under the state protection.

2. The following are subject to social and legal protection:

a) Employees, colleagues and specialists of the executive branch that are the  immediate participants of the counterterrorist operation;

b) Individuals who temporarily or permanently cooperate with agencies combating terrorism and support to reveal, eliminate and minimize the result of terrorist activities; 

c) Family members of persons listed in subparagraphs “a” and “b” if the necessity of their protection is based on participation in combating terrorism.

3. While carrying out the counterterrorist operation if a person participating in combating terrorism is dead or crippled, then she/he is entitled to compensation in accordance with the rule prescribed by law.

Chapter VI. Responsibility for the Participation in Terrorist Activities

Article 18. Responsibility of persons accused in the terrorist activities

Persons that are accused in terrorist activities are punished on the basis of Law. During counterterrorist operative disobedience or resistance of legitimate claim of the official as well as illegal interference in their legal activities causes responsibility established by the legislation.

Article 19. Responsibility of an organization involved in terrorist activities

1. Organization recognized by the court as terrorist and responsible for performing terrorist act is subject to liquidation and its property is subject to be transmitted to the state. In case if according to Georgian Legislation or on the basis of its obligations coming out from International Agreements organization registered beyond the borders of Georgia (as well as its offices, branches, representative offices) which are supposed to be terrorist organizations, the activities of such organizations are prohibited on the territory of Georgia. On the basis of the decision of the court Georgian branches (offices, representative offices) of such organizations are subject to liquidation and their property, located on the territory of Georgia, should be transmitted to the state.

2. According to the Legislation of Georgia application to the court regarding the terrorist activity of the organization is up to the General Prosecutor of Georgia or to the specially entitled prosecutor.

Article 20. Liability/responsibility for facilitating (collaboration with) terrorist activity

A person or legal entity facilitating terrorist activity is responsible if:

1) They finance terrorists, terrorist groups (terrorist organizations);

2) They directly or indirectly obtained or provided special means to conduct terrorist act or/and terrorist offence;

3) They implemented certain financial operations by:

a) Financial assets of those persons who committed or attempted to commit terrorist act or terrorist offence and/or participated in the mentioned offences or facilitated to commit them;

b) Financial assets of those legal entities whose property is directly or indirectly under the possession of terrorists or persons facilitating terrorism.

4) They recruited those persons who supported terrorists to be equipped and to cross illegally the state border of Georgia;

5) They recruited those persons who financed, planed, facilitated or accomplished terrorist acts or terrorist offences;

6) They used the territory of Georgia to commit a terrorist offence or terrorist act against foreign states.

Chapter VII. International Cooperation of Georgia in Combating Terrorism

Article 21.  Basis of International Cooperation in Combating Terrorism

On the basis of the International Agreement, Georgia closely cooperates with foreign countries in combating terrorism, with their law enforcement agencies, courts and special services, as well as with international organizations which accomplish international fight against terrorism. 

Article 22. Provision with the Information

Georgia provides the other state with the information concerning international terrorism in accordance with the requirements of the Legislation of Georgia and the obligations envisaged by International-Legal Agreements.

Article 23. Extradition of persons involved in terrorist activity

1. Citizens of foreign states participating in terrorist activity and/or persons without citizenship who are temporarily on the territory of Georgia can be extradited to another state for their criminal prosecution.

2. Extradition of persons mentioned in paragraph 1 of this Article is performed for their criminal prosecution and for the provision of obligations prescribed by the International Agreements.

Chapter VIII. Control and Supervision on Legality of Combating Terrorism

Article 24. Control on the Legality of Combating Terrorism

1. Control on the legality of combating terrorism is accomplished by the Parliament and the President of Georgia.

2. According to the rule prescribed by law, the Members of the Parliament can receive legally protected information concerning combating terrorism.

Article 25. Supervision by the Prosecutor

Supervision on exact execution of combating terrorism is accomplished by the General Prosecutor of Georgia and by the prosecutors specially entitled under the Legislation of Georgia.

Article 26. Budget Control of Combating Terrorism

The special group of the Chamber of Control of Georgia, whose members have access to State Secret Information, provide monitoring on the use and expense of resources from state budget and other state material assets while carrying out the combat against terrorism.

Article 27. Sub-legislative Acts to be issued

In order to enforce this law, the President of Georgia should be asked to issue the following orders:

1. “The rule for the organization of the counterterrorist activities and of the coordination of the activities of the agencies involved in combating terrorism.”

2. “The rule regarding the social rehabilitation of the persons involved in the counterterrorist operation and of the victims of the terrorist act.”

Article 28. Final Regulation

This law should enter into effect upon its publication.

President of Georgia   

Mikheil Saakashvili

Explanatory Note

On the Draft of Georgia “On Combating Terrorism”

General information about the draft. It includes:

a.a) Reason of Approval of the Draft:

“Terrorism is polluting everything”. Terrorism is a violence or the intimidation to use the violence against a person or the legal entity; destruction or damage of buildings, means of transportation, communication and other material   facilities or threat to damage or destroy them by the weapon, explosives, nuclear, chemical or biological weapon or other substances harmful to life and health; or kidnapping or taking hostage in order to force government or its any agency to act or to refrain from action of any action in the interests of the terrorists. It infringes the fundamental human rights. According to the importance of the above-mentioned, the UN elaborated twelve conventions aiming to eliminate terrorism. The conventions became the basis for the Frame Resolution adopted by the European Union as well as the European Convention “On Combat Terrorism” and it’s substituting Protocol. During the last years, the Council of Europe adopted number of recommendations and guiding principles to enhance the legal grounds in the process of combating terrorism. Under the Convention, the member states were imposed the duty to intensify combating terrorism and to implement certain measures for protection of the fundamental values.

 a.b) The Goal of the Draft:

Define the forms and legal basis of organization combating terrorism in Georgia. This will ensure protection of a person, international organizations, society and state from the threat of terrorism.

a.c) The Main Core of the Draft:

The Present draft defines forms and legal basis to combat the terrorism, the main principles and goals. Under the draft, the principal subject of combat terrorism is the Ministry of Internal Affairs of Georgia. The Counterterrorist Center of the Ministry of Internal Affairs directly ensures carrying out the counterterrorist operations and within the frames of the legislation of Georgia coordinates the activity of the subjects combating terrorism; this subject includes the Ministry of Defense of Georgia, the Special Service of Foreign Intelligence of Georgia, and also other governmental structures.

The third chapter of the draft establishes the rule of conduct of the counterterrorist operations and the crisis management; namely for the purpose of elimination of the terrorist act, the Operative Headquarters of crisis management is established, which leads counterterrorist operations. Under the draft, two areas of the special legal regime are determined while carrying out the counterterrorist operations - namely, the security area and the area for carrying out the counterterrorist activity. Hereto the rule is determined for the provision the society with information on terrorist act through the means of mass media.

Chapter four and chapter five of the draft determine the terms of legal and social protection of a person involved in the counterterrorist operation and the rules for the compensation of the damage resulted by the terrorist act.

Chapter six of the draft determines the forms of the responsibility for: a) the persons convicted in the involvement in the terrorist activity; b) the organizations, which lead the terrorist activity and c) those, which support the terrorist activity.

Chapter seven of the draft envisages the international cooperation of Georgia in the sphere of combating terrorism. It defines the rule how to deliver the information on the international terrorism; the extradition of citizens of foreign states and/or persons without citizenship to another country for their criminal prosecution.

After adoption of this draft the amendments will be necessary to the Organic Law of Georgia “On the Public Prosecutors` Office” and also to the Criminal Procedure Code.

b.c) Influence of the Draft on Supply:

Adoption of the draft does not influence on supply.

b.d) New Financial Obligations of the State:

Under the draft the state is not imposed with any novel financial obligations.

b.e) Prospective Financial Results of the Draft to Persons, to whom this Draft is applied:

No financial result will be established.

b.f) Rule (principle) of definition of amount of tax, duty and other dues – provided with this draft:

General rule established under the Tax Code of Georgia.

c) Relation of the draft towards the international legal standards. Here should be mentioned:

c.a) Relation of the draft towards the directives of the EU:

Does not contradict the directives of the EU.

c.b) Relation of the draft towards the obligations raised from the membership of Georgia in the international organizations:

Adoption of the will not impose obligation related to the membership of Georgia of international organizations.

c.c) Relation of the draft towards bilateral and multilateral treaties of Georgia:

The drafts do not contradict the bilateral and multilateral treaties of Georgia.

d) The Consultations received in the process of elaboration of the draft:

d.a) The State, non-governmental and/or international organization/institution, experts, which were involved in elaboration of the draft:

 The Experts of the Council of Europe and the UN participated in the process of elaboration of the draft and number of their recommendations and comments were taken into consideration.

d.b) Assessment of the draft by the organizations (institutions) and/or the experts involved in the process of drafting:

The experts expressed certain opinions on the draft; however the so-called expert evaluation, as such, has not been done yet.

d.c) Author of the draft:

The Ministry of Internal Affairs of Georgia

d.d.) Initiator of the draft:

The Government of Georgia

Draft

Organic Law of Georgia

On Amendment to the Organic Law of Georgia

“On Public Prosecutors` Office”

Article 1. The Sub-clause D1 of the 6th clause of Article 7 of the Organic Law of Georgia “On Public Prosecutors` Office” (Parliament Bulletins N46, 3.12.1997, p.29) to be formulated in the following way:

“D1. Assigns the prosecutor with special authorization, who, under the law of Georgia on “Counterintelligence Activity”, holds a hearing of the application of the Counterterrorist Center of the Ministry of Internal Affairs of Georgia and the Special Service of Counterintelligence Activity on carrying out the operational-technical measures”.

Article 1. This law will have effect force immediately after publication.

Mikheil Saakashvili 

Draft

Law of Georgia

On Amendment to the Criminal Procedure Code of Georgia

Article 1. Criminal Procedure Code of Georgia (Parliament Bulletins N13-14, 8.04.1998, p.31) to be amended as following:

1. Part three of Article 95 to be formulated in the following way:

“3. the investigator, the court (the judge) are authorized by their motivated resolution (decision) to exempt the following persons from the obligation to be a witness:

a) Doctor, nurse, gynecologist, pharmacist, other medical staff member, if they are professionally obliged to keep medical secret;

b) Notary, public employee, military employee and the person equal to him/her, if they are obliged not to disclose the source and the content of the received information;

c) Person recruited with the term that he/she will not disclose any commercial or bank secret;

d) The participant of the counterterrorist and/or special operation, whose activity is classified as a secret and any document, materials and other data related to the mentioned activity, are considered as a state secret.

Article 1. This law will have effect immediately after publication.

Mikheil Saakashvili