Compliance with Commitments and Obligations the situation in Georgia

 Compliance with Commitments and Obligations: The Situation in Georgia

Executive Summary

Over the period covered by this report, the Georgian authorities continued to carry out efforts for institutional,  legal and socio-economic modernisation of the country. This process has been developing against the background of persisting instability in the break-away-regions of South Ossetia and Abkhazia, re-integration of which is considered as a key priority by the Georgian leadership. In line with efforts to achieve a peaceful solution of conflict in South Ossetia, the Georgian authorities started to work on the future autonomous status of the region in consultation with the CoE Venice Commission. At the end of January 2005, the CoE Parliamentary Assembly adopted Resolution 1415 (2005) containing a comprehensive list of recommendations on outstanding accession commitments by Georgia. Three priority areas remain central for Georgia’s democratic evolution: consolidation of democratic institutions (including those related to regionalisation),  reform of the judiciary and law-enforcement agencies and the fight against corruption and organised crime.

• Functioning of democratic institutions (including those related to regionalisation):  The election of the Supreme Council of Adjara, held in late June 2004, marked a step forward in terms of transparency and  political freedom. Nevertheless, the review of the autonomous status of Adjara in line with the Venice Commission’s opinion, as recommended by Parliamentary Assembly, is still expected. Reform of the electoral system, including electoral administration, is ongoing, although the Venice Commission has not yet been able to comment on recent draft amendments to the electoral code. Notwithstanding encouraging developments overall, the decentralisation reform is advancing slowly and not always in a coherent way. Particular attention should be paid to the preparation of the local elections envisaged for 2006 and, in particular, to the issue of election of the Mayor of the capital, the details of which are being elaborated.  

• Judiciary and law enforcement: Reform of the major judicial institutions raises questions regarding respect for judicial independence. More emphasis should be put on the follow-up to CoE experts’ recommendations on the issue. Reform of the Code of Criminal Procedure is pending and its conformity with CoE standards, notably the ECHR, is  still to be ensured. Proper application of the plea-bargaining procedure remains an issue of concern. Human rights and professional training of law-enforcement and prison staff  should become a priority area of co-operation with the CoE.

• Fight against corruption, organised crime and impunity: An active case-by-case campaign against corruption raised optimism within the Georgian population. However, the time has come for comprehensive anti-corruption policies and profound institutional reforms. Also, it is essential to ensure that the fight against corruption is carried out in full compliance with human rights and rule of law principles. An overall assessment by GRECO is envisaged for June 2005. The second round evaluation report, adopted by MONEYVAL in January 2005, acknowledged progress in the creation of basic anti-money laundering prerequisites. Local and international human rights defenders welcomed the conviction of the priest responsible for incidents of religious violence during the late nineties as a sign of the authorities’ commitment to put an end to impunity. However, impunity appears to persist with respect to the alleged ill-treatment of detainees in pre-trial detention centres and prisons. The report of the CPT on its second periodic visit to Georgia has not yet been made public.

• Outstanding conventions: The CoE stands ready to assist the Georgian authorities in the preparation for the ratification of the outstanding CoE conventions, in particular, the Framework Convention for the Protection of National Minorities, the European Charter for Regional and Minority Languages and the Revised European Social Charter. 

• Repatriation of the Meskhetian population deported in 1940-1944: A special Council to deal with this issue under the President of Georgia was established in December 2004 and work on the draft law on repatriation has started. The CoE stands ready to provide assistance in the elaboration of this law.

• Freedom of the media:  Pluralism and independence of the electronic media needs to be preserved and reinforced. In this context, the creation of an authentic public service broadcaster, already started by the Georgian authorities following adoption of the relevant legislation, is of the utmost importance. The CoE will provide assistance to this end, if requested.

Minorities: The authorities are urged to pay careful attention to the concerns of national minorities, so as to avoid a deterioration in inter-ethnic relations.

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