on the Acknowledgment of Citizens of Georgia as Victims of Political Represion and Social Protection of Repressed Persons

LAW OF GEORGIA

ON THE ACKNOWLEDGEMENT OF CITIZENS OF GEORGIA AS VICTIMS OF POLITICAL REPRESSION AND SOCIAL PROTECTION OF REPRESSED PERSONS

The Soviet totalitarian communist regime that was built on an anti-humane ideology, has committed many severe crimes and thousands of citizens of Georgia have become victims of repression committed by such regime.

The Parliament of the independent State of Georgia notes the importance of the establishment of a constitutional state, the highest values of which are human life, personal inviolability and freedom;

It acknowledges special contributions of victims who have suffered political repression under the Soviet regime to the creation of independent Georgia;

Being guided by the necessity of reviving the justice it shall adopt this Law.

Chapter I - General Provisions

Article 1

1. This Law defines the concepts of a political repression and a victim of political repression, establishes the rules for acknowledging persons as victims of political repression and the social protection guarantees of repressed persons.

2. This Law shall apply to the citizens of Georgia, who have been suffering political repression in the territory of the former USSR from February 1921 until 28 October 1990 and later in the territory of independent Georgia.

3. This Law shall not apply to persons who belong to the ethnic groups deported during the period from 25 February 1920 to 28 October 1998, and whose procedures for the rehabilitation shall be determined separately.

Law of Georgia No 1403 of 29 May 1998 - The Official Gazette of the Parliament of Georgia No 21-22, 14.6.1998, p.10

Law of Georgia No 1770 of 24 June 2005 – LHG I, No 36, 11.7.2005, Art.239

Article 2

Different forms of coercion shall be construed as political repression, such as deprivation of life, damage to health, imprisonment, exile, expulsion, deportation from the state, forcible placement in psychiatric institutions, deprivation of citizenship, forced labour, confiscation and destruction of property, illegal dismissal from office or from other work places, movement to special settlements by force, eviction from a dwelling house, as well as other restrictions of human rights and freedoms guaranteed by the legislation of Georgia, which were conducted by the State for  political reasons based on the decision of a court or other state authorities, and which were related to false accusations of committing  a crime, to a person's political opinion, or to the acts of contradiction by peaceful means against illegal actions of the current political regime, to social or religious affiliation or a social class status, as well as forms of coercion committed by the State as provided for by Article 4 of this Law.

Law of Georgia No 1770 of 24 June 2005 - LHG I, No 36, 11.7.2005, Art.239

Article 3

Victims of political repression shall be:

a) persons who have directly suffered political repression;

b) a spouse, child (adopted child), parent and any other lineal relative who stayed with such persons in penitentiary establishments, has been in exile and expulsion, and in special settlements with such persons.

Article 4

1. Victims of political repression shall be persons who have been convicted of committing the following crimes:

a) anti-Soviet and counterrevolutionary agitation and propaganda; counter-revolutionary and other crimes that were against administrative order and that undermined the USSR. 

b) violation of the Law on the Separation of the Church from the State and the School from the Church.

c) deliberate dissemination of false rumours that disrepute the state and social order;

d) escape from correctional labour colonies, exile, expulsion, special settlements, if persons had been there as a result of political repression;

e) violation of human rights and freedoms with a motive of  performing a divine service.

2. Persons who have been convicted of committing a crime on the basis of false accusation due to their political opinions, acts of contradiction against illegal actions of the current political regime, social, or religious affiliation, or a social class status, shall be deemed as victims of political repressions.

3. Persons who have been convicted by the ’GPU-OGPU’, ‘the Cheka’, ‘the UNKVD-NKVD’, ’ the MGB, the KGB, the Ministry of Internal Affairs ’MIA, the advisory board for emergency matters, ‘the Dvoika’ (a two-person tribunal), ‘the Troika’ (a three-person tribunal), as well as persons who have been exiled, expulsed or sent to a special settlement without being accused of specific crimes, shall be deemed as victims of political repressions.

4. Persons who were rehabilitated by the courts of Georgia under the procedures determined by the Criminal Procedure Code of Georgia, if the charges against such persons had been based on service in the structures of the legal government or the support of such structures by such persons, shall be deemed as victims of political repression.

Law of Georgia No 1770 of 24 June 2005 - LHG I, No 36, 11.7.2005, Art.239

Article 5

1. Persons sentenced by court for commiting the following crimes shall not be deemed as victims of political repression:

a) an encroachment upon the life or health of a person, banditry, which was not related to the persecution of such persons under a political motive;

b) other crimes against humanity, as well as other forms of violence against civilians or prisoners of war.

2. The procedure provided for in the first paragraph of this article shall not apply to persons who have suffered repression as family members of an accused.

Chapter II - Procedure for Acknowledging Persons as Victims of Political Repression and its Consequences

Article 6

In accordance with the provisions of this Law, persons shall be acknowledged as victims of political repression and their violated rights shall be remedied through a court procedure.

Article 7

1. An application for acknowledging persons as victims of political repression shall be submitted directly by the repressed persons, their legal heirs or representatives to a court within the jurisdiction of which such repressed persons or their legal heirs reside permanently or temporarily.

2. The application for acknowledging persons as victims of political repression shall be reviewed on the basis of this Law and as provided for by the Administrative Procedure Legislation.

3. The application for acknowledging persons as victims of political repression shall be exempt from the payment of the state fees.

Law of Georgia No 2047 of 17 November 2009 - LHG I, No 37, 30.11.2009, Art.278

Article 8

1. Persons who have been acknowledged as victims of political repression shall have all of their political, civil and other rights and freedoms that have been violated as a consequence of political repression restored, and shall regain all military and special ranks and government awards that have been seized as a consequence of political repression, and shall be granted the allowances as provided for by this Law.

2. If persons are acknowledged as victims of political repression only in certain parts of charges brought against such persons, they shall have the right to have restored only those rights which have been violated due to a political charge.

3. The procedures for the revival of property rights of rehabilitated persons shall be determined by a separate law.

Article 9

1. Persons who have suffered political repression in the form of imprisonment, exile, expulsion, placement in a special settlement, forcible placement in a psychiatric institution, or who have died as a result of political repression and are acknowledged as victims of political repression, shall be paid an indemnity. In the case of their death, the indemnity shall be paid to their nearest heirs.

2. Repressed persons, their nearest heirs or official representatives shall file an action to obtain indemnity with the Tbilisi City Court or the Kutaisi City Court.

3. An action to obtain indemnity shall be reviewed on the basis of this Law and as provided for by the Administrative Procedure Legislation of Georgia.

4. The amount of indemnity shall be determined by the court taking into account the severity of different forms of coercion referred to in the first paragraph of this article, as well as the age and health status of victims of political repression or their nearest heirs and other objective circumstances. The amount of indemnity shall be no less than GEL 1 000 and no more than GEL 2 000.

Law of Georgia No 4562 of 19 April 2011 – website, 18.5.2011

Law of Georgia No 2762 of 31 October 2014 – website, 11.11.2014

Article 10. (Deleted)

Law of Georgia No 3070 of 26 August 2003 - LHG I, No 29, 18.9.2003, Art.221

Law of Georgia No 5510 of 29 November 2007 - LHG I, No 43, 12.12.2007, Art.390

Article 11

1. Persons acknowledged as victims of political repression, or other persons with their consent, and/or, in the case of their death, their spouse, sibling, parent, child, and any other direct lineal relative shall be entitled to have access to appropriate materials of criminal or administrative cases and to receive the copies of documents that are not related to the case proceedings as provided for and within the scope of law. 

2. Persons acknowledged as victims of political repression and their heirs shall be entitled to retrieve private records and papers kept in the case materials, copies of other documents, as well as personal items.

Chapter III - Social Protection Guarantees of Victims of Political Repression

Article 12

1. Persons acknowledged as victims of political repression who have stayed in penitentiary establishments, special settlements, psychiatric institutions, and who have been in exile and expulsion as a result of political repression, or in the case of their death, their children, and the children of persons who have died as a result of political repression, and who are under the age of 18, also a disabled spouse, parents and children (adopted children) of such persons shall enjoy:

a) a state pension in accordance with the procedure and the amount provided for by the Law of Georgia on State Pensions;

b) the payment of privileged prices for utility services  (heating, water, household waste collection service, gas and thermal energy, telephone subscriber’s fee) at the expense of the State, in the amount of 50% of the total amount to be paid, if such services are provided by a state institution; the free consumption of electricity in the amount of 30 kWh per month and where there are two or more persons in the family who enjoy such privileges, in the  amount of 45 kWh per month. Allowances for the payment of dwelling space rental fees shall be established for persons who reside in a public housing.

c) social benefits in accordance with the legislation of Georgia;

2. Persons acknowledged as victims of political repression, who have stayed in penitentiary establishments, and who have been in exile, expulsion, psychiatric institutions, and special settlements regardless of their age, work experience and employment, as well as a disabled spouse, parent and child (adopted child) of the repressed persons who have died, shall be given a monthly pension regardless of their employment, the amount and the procedure for the issuance of which shall be defined by law.

3. Financial support of the social protection guarantees as provided for by the first and the second paragraph of this article shall be provided from the State Budget.

4. Financial support of social protection guarantees as provided for by Article 4(4) of this Law shall be provided from the State Budget from 1 January 2006.

5. Article 12(4) of this Law shall not impede the litigation of cases of relevant categories of persons in courts.

Law of Georgia No 1403 of 29 May 1998 - The Official Gazette of the Parliament of Georgia No 21-22, 14.6.1998, p.10

Law of Georgia No 91 of 24 December 1999 - LHG I, No 52(59), 31.12.1999, Art.253

Law of Georgia No 1770 of 24 June 2005 - LHG I, No 36, 11.7.2005, Art.239

Law of Georgia No 2456 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art.437

Chapter IV - Transitional Provisions

Article 13

Article 12(1)(b) of this Law shall be considered invalid immediately after the entry into force of the Law of Georgia on Social Assistance.

Law of Georgia No 2456 of 23 December 2005 – LHG I, No 56, 28.12.2005, Art.437

Chapter V - Final Provisions

Article 14

1. This Law shall enter into force from 1 January 1998.

2. (Deleted).

3. Article 12(2) of this Law with regard to the disabled (adopted) children of victims of political repression shall enter into force from 1 January 2002.

Law of Georgia No 1403 of 29 May 1998 – The Official Gazette of the Parliament of Georgia, No 21-22, 14.6.1998, p.10

Law of Georgia No 1870 of 19 March 1999 – LHG I, No 12 (19), 6.4.1999, Art.46

Law of Georgia No 386 of 14 June 2000– LHG I, No 22, 15.6.2000, Art.57

Law of Georgia No 2456 of 23 December 2005– LHG I, №56, 28.12.2005, Art.437

President of Georgia                                                                                                                                 Eduard Shevardnadze

Tbilisi

December 11, 1997

No 1160-Iს