By its decision dated June 4, 2020, the Constitutional Court dismissed the appeal regarding the procedure for issuing an electronic identity card, thus confirming the constitutionality of the regulations under appeal, including Order №98 of the Minister of Justice of Georgia. These regulations establish the use of an electronic identity card as the sole means of verifying the identity of Georgian citizens. The plaintiffs Nana Sepashvili and Ia Rekhviashvili appealed these regulations based on their religious objections to using an electronic identity card.
The Constitutional Court found that the contested regulations are consistent with articles 11 and 16 of the “Constitution of Georgia”. The decision of the Court is final and not subject to further appeal.
According to the decision of the Constitutional Court, significant clarifications have been provided regarding the issue of a certain citizen’s refusal to accept an electronic identity document on the basis of religious beliefs. In reaching this decision, the Constitutional Court took into account, among other significant factors, the decision of the Holy Synod dated July 5, 2012, which stated that “the current version of the identity document, in accordance with theological and Church teachings, does not constitute the mark of the Anti-Christ and, therefore, may be used.”
The Constitutional Court further acknowledged that the issuance of electronic identity cards by the state was motivated by significant and legitimate objectives. The state’s interest in issuing such consolidated identification documents that are highly resistant to forgery was recognized. The Court aligned with the state’s position that the transition to electronic documents and the consequent enhancement of the security of such documents is a component of the visa liberalization scheme between Georgia and the European Union.
Although the existence of an electronic identity card was not considered to be a restriction on religious freedom, the Constitutional Court, in its decision, discussed the current situation and indicated that a suitable response from the state was necessary and it was appropriate to find a resolution to the issue of citizens who refuse to obtain an electronic identification card for religious reasons. According to the court’s reasoning, “the state and relevant authorities must seek to assist these individuals in engaging and actively participating in civic and public life by taking steps they deem necessary to safeguard their lives, health, education, private life, property and other essential interests.” In a democratic, rule-of-law state, where the individual is considered of supreme value, the state has an obligation to care for citizens who, due to the implementation of a given norm, have been left without official identification documents. Refusal to obtain an electronic identity card does not result in the loss of Georgian citizenship and, at the same time, these individuals have the right to seek care and protection from the state. Therefore, according to the court’s explanation, the issue remains within the jurisdiction of the state to determine whether it will permit the participation of individuals without identity documents, which have enhanced protection against forgery, in public and state-important relations that serve the interests of society as a whole (such as the right to vote in elections and referendums) or is linked to the fulfilment of international obligations and not merely to meeting the day-to-day needs of these individuals”, – the court noted.
In order to implement the decision of the Constitutional Court, the Ministry of Justice of Georgia, in cooperation with relevant agencies, will take the necessary measures to ensure, on the one hand, the protection of important benefits for Georgia such as a visa-free regime with the European Union and the security of electronic identity cards and unforged data, the electoral registers compiled with the trusted data and on the other hand, they will address the specific concerns raised by the Constitutional Court regarding a particular group of individuals.
On December 26, 2019, the Constitutional Court commenced consideration of a constitutional action regarding the procedure for issuing electronic identity cards and temporarily suspended the challenged regulation on the issuance of identity cards. During this period, a non-electronic identity card (also known as a laminated identity card) was issued due to faith to 251 individuals, with only 43 of those cards being valid at present.
