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Statement of NGOs – Chief Prosecutor of Georgia Should Resign

31.05.2018

 
We, under-signatory organizations, echo the murder case of two young people in Khorava Street and the decision of the Parliament of Georgia to set up temporary investigative commission in relation with this case. We believe, before the investigative commission starts working, the Chief Prosecutor of Georgia should resign. 
 
The decision of the legislative body to establish the temporary investigative commission is reasonable. However, the primary goal of the temporary investigative commission is to reveal, to study and evaluate alleged unlawful activities of the prosecutor’s office in connection with this concrete criminal case. Otherwise, the work of the Commission will be formal and useless. 
 
At the same time, the Commission cannot replace the law enforcement bodies and the court, which means that substantial and impartial investigation into the mentioned criminal case is still responsibility of the Georgian prosecutor’s office.

The decision of the Parliament to establish temporary investigative commission shows that there are legitimate questions about the work of the prosecutor’s office and that MPs are interested in the final results. However, according to the current law, the temporary investigative commission will have access to the criminal case files only upon the permission of the chief prosecutor. Consequently, if the acting chief prosecutor keeps the position, it will raise doubts about any attempt of the Parliament to evaluate legality of the prosecutor’s office activities.

The Khorava street accident is not the only case, which caused legitimate and fair protest of the society against the investigative and justice system. Until now, many cases remain unresolved. It is evident that acting investigative system cannot adequately respond to the current critical situation and needs substantial reform. 

Considering abovementioned circumstances, we call on the Chief Prosecutor of Georgia to immediately resign from the position. We also call on the Parliament of Georgia to ensure that the temporary investigative commission works openly and in due respect with the legislation.
  • Open Society Georgia Foundation
  • International Society for Fair Elections and Democracy 
  • Human Rights Education and Monitoring Center
  • Georgian Young Lawyers’ Association 
  • Transparency International – Georgia
  • Georgian Democracy Initiative 
  • Article 42 of the Constitution
  • Human Rights Center 
  • White Noise Movement

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