Memorandum on Enguri Hydro Electro Station Is Still Secret
Eka Kevanishvili
On
November 9, 2009 Tbilisi City Court did not satisfy the request from
Georgian Young Lawyers Association, newspaper “Resonance” and
Conservative Party. They petitioned to lift the Griffith Secret from
the Memorandum on the management of EngurHess between Government of
Georgia and Inter-Rao Ues. The decision reinforced the doubt of suitors
that there are some unacceptable conditions for Georgia in this
memorandum. After the suitors appeal all courts in Georgia, the case
will be sent to European Court.
The memorandum on
the management of EngurHess and Ministry of Energy of Georgia still
remains Griffith Secret. The court did not satisfy the request of three
suitors-Young Lawyers, newspaper” Resonance” and Conservative Party.
“They did not
remove the Griffith Secret, Today only this Resolution Part was
announced, though the statements why the request was rejected have not
been advertised yet. Why should this memorandum be secret and not
accessible for the public?” Natia Korkotadze, the lawyer of
Conservative Party asks. This memorandum was adopted on December 30,
2008. Soon after, the newspaper “Resonance” wished to look through the
document, then-Young Lawyers, later Conservative Party did similar
request, but in vain. The memorandum became secret the day after
information was requested on it. The motivation is secret commercial
information on Inter-Rao Ues in the memorandum. Deputy Minister of
Energy Nino Enukidze clarified:
“Rao Ues considered
that their commercial secret was at stake and requested us to put
Griffith on the document. In accordance to the Administrative Code of
Georgia, we were entitled to discuss this issue. We discussed it and
the minister decided to make it secret.”
Before the
administrative court, Resonance and Conservative Party initially filled
requests to the Ministry of Energy, however their plights were not
satisfied. Consequently, suitors appealed to the court. November 9
decision of the court grounded the doubt of the member of the
Conservative Party Bidzina Gujabidze; he doubts there are some
conditions in the memorandum that can be harmful for the country. “We
have grounded doubt that it is a corruptive and harmful agreement for
the state.”
Gujabidze thinks
the publicity of the memorandum could expose details which the
government does not want to unleash. “We will learn that the government
has assigned EngurHess to the Russian company for 50 years, which is
not a lawful decision for a strategic entity. We will also learn that
Russian will get hold of all advantages in the Hydro Electro Station
and the Rao Ues will be able to cut electricity supply for Georgia
whenever it decides.”
Lawyer for the
Young Lawyers Association Tamar Kordzaia clarified that in accordance
to the law Inter-Rao Ues had right to make its commercial activities
secret. But it does not mean that the public agency, the Ministry of
Energy in this particular case, was to satisfy the request of the
company.
Kordzaia reported
that the suitors claimed at the trial that legitimate public interest
was higher than commercial secrecy because “EngurHess is very important
entity for Georgia. Society has the right to get information about this
company because it relates with environment. Besides that, the
EngurHess is located in the conflict zone of Abkhazia and incorrect
management can cause huge damage for Georgia. Thus, public interest is
higher than commercial interest of Rao Ues.”
Nino Enukidze
excludes all threat and said the memorandum is only a preliminary
decision and further activities of Inter-Rao cannot be defined by this
document.
Despite all that,
the suitors still doubt. Next time they will appeal to the Appeal Court
and then to the Supreme Court. Having appealed to every court in
Georgia they will appeal to the European Court.
Source: Radio “Liberty
11 Nov. '09 ...back
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