NGO GYLA: Rejecting Parliamentary investigative commission inquiry isn't crime

The Georgian Young Lawyers’ Association (GYLA) has stated that refusal to comply with a summons from the parliamentary investigative commission chaired by ex-Culture Minister Tea Tsulukiani should not be considered a criminal offense under Georgian law.

In a statement, GYLA emphasized that failure to appear before a parliamentary investigative commission is sanctioned both under Georgia’s Administrative Offenses Code and the Criminal Code. This overlap, they argue, raises legal concerns about the prioritization of sanctions.

“This indicates that the same act may be interpreted as either an administrative offense or a criminal one,” GYLA said. “Given that the legislature does not specify which law takes precedence when identical provisions exist in equally binding normative acts, it is essential that the matter be assessed in line with the Georgian Constitution and international standards. The norm that least restricts personal freedom should be applied in the case of a violation.”

GYLA also questioned the legitimacy of the parliamentary commission itself, noting that the commission’s mandate and legal grounds are problematic. “Even assuming the commission’s legal demand meets the threshold of reasonable suspicion, prosecutors must consider the public interest—specifically, whether pursuing this case is a priority for the state,” the organization noted.

They pointed out that Georgia’s Prosecutor’s Office has for months ignored cases of genuine public interest, such as investigating individuals allegedly involved in organized torture crimes, while instead pursuing charges against those who failed to appear before the ruling party-led commission.

On February 5, 2025, the Georgian Dream majority in Parliament established a temporary investigative commission to examine the actions of political officials from the period of 2003–2012. On April 1, the commission’s mandate was extended to include developments up to 2025. According to the explanatory note, its purpose is to assess alleged crimes committed by former government officials and bring their decisions under legal scrutiny.

GYLA concluded that prosecuting individuals for failing to attend this commission is incompatible with Georgian legislation and undermines rule of law principles.