Transparency International Georgia wishes to respond to information published by the Kakheti Information Center, according to which the deputy district governor of Gurjaani Zurab Danelishvili pressurized a Chandari local administration specialist and required his resignation.

We believe that this case highlights the current tendency towards dismissing public service employees for reasons which are often unclear - including possible political reasons - in the aftermath of the parliamentary elections. This is not just a political problem; such actions by senior officials also include legal violations, and should attract the attentions of the law enforcement agencies.

In particular, the political appointment or dismissal of employees in the public service by public officials violates Article 61 of the Georgian Law on Public Service, under which  "A civil servant is not allowed to make use of his/her official position for party activities”. Accordingly, disciplinary sanctions prescribed by Article 79 of the same law should apply to anybody who violates the law. In addition, the law on Public Service defines the grounds for dismissal in detail (Chapter 10); this process should not in any way be connected to a person’s political and/or electoral activities.

This particular case would seem to be a criminal offense. Any abuse of official power by a public servant which leads to a substantial infringement of the right of an individual or legal entity is punishable under Article 333 of the Criminal Code. In the case in question, the public servant requested that his subordinate submit a written resignation, and by so doing exceeded his official power, since he does not have the right to impose such a requirement upon a person against his or her will. This act therefore constitutes an abuse of the rights and responsibilities prescribed by the law on Public Service.

Moreover, it would appear from this case that the civil servant has also used his official position to restrict his subordinate’s right to freedom of speech, freedom of thought and freedom of political activity, which are also punishable acts (second part of Article 156 of the Criminal Code ).

We believe that such action politicizes the civil service, and puts the realization of reform at stake. We therefore appeal to:

• The Prosecutor General's Office to launch an investigation, as we may be dealing with criminal offences

• The Georgian government to prevent the recurrence of similar incidents and to take appropriate measures to ensure equal competitive conditions for the employment or dismissal of employees in the public service

• Civil servants to refrain from any direct or indirect coercion against employees in the public service, and apply the measures prescribed by law if they consider that there are adequate grounds for dismissal.