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Article 42 of the Constitution Responds to the Statement of the Chairman of the Supreme Court of Georgia

October 8, 2012

Organization Article 42 is concerned about the statement of the Chairman of the Supreme Court of Georgia about oppression of the judiciary system which he made on October 5 during his meeting with the diplomatic corps.

A lack of independence in the judiciary is a problem which has been reflected in the reports of various international organizations and local observers. Article 42 hopes the future government will guarantee the existence of an independent judiciary in the country and will not allow interference in the implementation of justice. An independent court is the most important component of a successful democracy, and Georgian people voted for democracy during the 2012 parliamentary elections.

Article 42 responds to the statement of the Supreme Court where the Chairman talked about fining a judge and stated that “We will make the right decision in the Supreme Council of Justice and this person will be fined.”

Article 42 believes that provisional statements about conclusions of the Supreme Council with regard to this case are inadmissible.

During this sensitive transitional period, when Georgian courts discuss electoral disputes, it is urgently important to ensure impartiality and independence of the judiciary system. It should be noted that in accordance with the law, judges are free from the influence of political parties and senior officials of the judiciary system.

Article 42 of the Constitution calls upon every responsible person to avoid making preliminary conclusions about disciplinary measures against judges before decisions are made. The organization believes such statements might impact on the independence and impartiality of judges.

Article 42 of the Constitution

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