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Address of the initiators of the amendments into the Law of Georgia on the Prosecutor’s Office to the Prime-Minister of Georgia

July 10, 2018
Mr. Prime-Minister

We would like to directly address you that due to recently developed circumstances in the country, unfortunately, trust towards the Prosecutor’s Office has significantly worsened that is serious challenge for the young Georgian democracy. 

We believe, it is necessary to carry out fundamental reform in the prosecutor’s office and reformed rule of election of the chief prosecutor of Georgia is the key component of it. Current malicious practice of the chief prosecutor’s election will further increase public mistrust towards this institute.

We believe, the acting system, namely appointment of the person to the position of the chief prosecutor, enables the ruling political party to unilaterally decide the issue without considering the opinion of the opposition political parties and the society. Current system cannot ensure effective work of the prosecutor’s office. At the same time, the recent amendments in the Constitution of Georgia are important steps towards the depolitization of the prosecutor’s office. However, if the new chief prosecutor is elected before the new edition of the Constitution goes in force, after the newly elected President takes its Oath of Office, we will encounter with even more acute problems. 

Current model contains threats of establishing corporative (clan) system of the prosecutor’s office. The constitutional norms, which will go in force in several months, view the prosecutor’s office as independent institute, which will not be accountable before the executive and/or judiciary systems. Thus, it is essential that the number of prosecutors in the Council of Prosecutors did not encourage their corporative unity.

Representatives of the civil society, together with the experts, registered the draft law in the Parliament of Georgia, according to which the rule of chief prosecutor’s election, composition of the Council of Prosecutors and rule of selecting the Council members shall be changed. The Bill aims to minimize the possibility of making one-party decision. It is necessary to completely depoliticize the Council of Prosecutors. The reformed council shall elect the chief prosecutor. The political officials – MPs and Minister of Justice shall not be the members of the Council of Prosecutors.
 Consequently, the Minister must not be member and/or chairperson of the Council. At the same time, the Government shall not participate in the process of selecting the new chief prosecutor. This rule fully corresponds with the new edition of the Constitution and does not contradict the acting edition.

Besides that, the number of prosecutor members of the Council shall be reduced so that they could not block the decisions of the Council with regard to the election of the chief prosecutor or imposing any liability on him/her.

Mr. Prime Minister, we are fully aware that you have to make difficult decision. We think, we cannot respond the current challenge with the existing malicious system. We need to take urgent measures. We believe you should halt election process of the chief prosecutor and elect him/her only after the Council of Prosecutors is reformed, as it is required with the new Constitution and elect fully trustworthy person on the position of the chief prosecutor for 6-year term.

Respectfully
The authors of the bill: 
  • Lasha Tugushi
  • Zviad Koridze
  • Aleko Tskitishvili, Human Rights Center
  • Natia Kuprashvili 

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