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Human Rights Center and Georgian Bar Association Will Cooperate in the Survey of the New Rule of Witness Interrogation

November 25, 2016
On November 24, representatives of Human Rights Center met the chairman of the Georgian Bar Association Zaza Khatiashvili. The parties agreed to cooperate in the practical implementation of the new rule of the witnesses.

GBA Chairman underlined the particular importance of the witness interrogation before judges in terms of criminal justice reform and defense of the witness’ rights. Zaza Khatiashvili recalled several cases when investigative bodies used violent methods during the interrogation of the witnesses and psychologically oppressed them to get the testimonies the prosecutor’s office wished to hear. He said interrogation of the witness before the judge will ensure transparency of the process and will mitigate the risk of violence against the witness in order to get desirable testimony from him/her.

The GBA Chairman underlined that it is important to raise public awareness about the new rule of the witness interrogation. In this direction, citizens shall be effectively informed in what cases the witnesses can be questioned before the magistrate judges. 

According to the information gathered by the researchers of Human Rights Center, only 20 witnesses have been questioned in front of the magistrate witnesses since the day the rule went in force. The reality contradicts initial fears of the opponents that the new rule would overwhelm the courts. 

According to the agreement of the representatives of Human Rights Center and GBA, the Association will disseminate information among the attorneys about the survey into the new rule of the witness interrogation implemented by the Center, which among other issues include interviews of the attorneys about the use of the new rule in their practice as well as its pros and cons. 

On February 20, new rule of witness interrogation went in force, which implies compulsory interrogation of witness in front of a magistrate judge. The state did not consider critical remarks of NGOs and adopted the witness interrogation rule with numerous miscarriages. One of the major problems is that only prosecutor can apply the rule in specific cases, that creates unequal conditions for the parties and violates the principle of adversarial hearing and equality of arms.

Human Rights Center and the GBA will cooperate within framework of the project Survey of the New Rule of the Witness Interrogation in Georgia, which is implemented by Human Rights Center with financial support of the Open Society Georgia Foundation. The project aims to promote transparent and effective functioning of the new rule of the witness interrogation.

Human Rights Center   

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