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Reformed Georgian Judiciary – Beyond the Façade

October 22, 2009

“Justice has left the repaired court rooms”

On October 16 the South Caucasus Network of Human Rights Defenders [the “Network”] held a public discussion: “Reformed Georgian Judiciary – beyond the Façade “

The Network unites 30 human rights organizations in the South Caucasus; The Network is supported by the European Union. The Human Rights Center is the coordinator of the Network in Georgia.

Manana Kobakhidze, executive director of Union Article 42 of the Constitution (a member organization of the Network), Tamar Chikovani, a journalist, and Ucha Nanuashvili executor director of the Human Rights Center made keynote speeches at the opening of the event. The speakers highlighted those tendencies which dominate in the judicial system of Georgia and are incompatible with the principles of democracy and the rule of law and severely decrease the role of the court as an institution in the protection and promotion of human rights.

Ana Natsvlishvili, the coordinator of the Network in Georgia, stated: “the lack of judicial independence remains one of the biggest obstacles for effectively protecting and promoting human rights in Georgia. This problem was discussed at length by the members of the Network at our regional meeting in July, 2009. Consequently, we decided to dedicate our first public discussion to this topic.”

Manana Kobakhidze stated: “of course it is very pleasant to see renovated court buildings and court rooms but the most important issue is to restore the judicial system itself. Justice has left the court rooms in Georgia and judicial decisions depend on the political will. The judge totally depends on the prosecutor; the role of the attorney is minimized; it has become very difficult for the citizens to achieve enjoyment of their right to a fair trial and fair judgment. Georgian as well as international experts acknowledge that there are irregularities in the Georgian judiciary system.”

A new investigative film by the “Studio Reporter” (a member of the Network “Presents to Kublashvili” [Head of the Supreme Court of Georgia] was also screened at the event. The film presents serious accusations against the chairperson of the Supreme Court of Georgia Kote Kublashvili. In particular, the film shows that Kublashvili improperly filled in his property declaration regarding money and a house which he and his wife received as presents while Kublashvili was serving as the First Deputy Minister of Justice (when Shevardnadze was  President). In once instance by omitting to declare them in his property declaration, and in another instance by making contradictory statements about their status, Kublashvili violated the law.

Lawyer Gela Nikoleishvili commented: “legal assessment of the facts described in the film is that these facts amount to a criminal offence committed with the purpose of avoiding tax obligations. Article 180 of the Criminal Code of Georgia prescribes a penalty for such an offence because it constitutes the fabrication of official documents. As for the film, I assess it positively. However, it would have been good if the author of the film showed another example in the film when an ordinary person was prosecuted and convicted for a similar act. That would reveal how ordinary people are brought before justice while high ranking officials go unpunished for the same crime“.

The public discussion generated considerable interest. Human rights defenders, lawyers, representatives of the diplomatic mission and of international organizations, politicians and the media attended the event.

Ana Natsvlishvili said that First Deputy Minister of Justice as well as the Head of the Supreme Court of Georgia is a public figure. She said: “The public has a legitimate interest in knowing about his or her material situation, especially in the circumstances when the society often raises concerns about the judiciary, its independence and fairness, as it is the case of Georgia. When organizing this event our aim was to create a free space for the realization of this legitimate public interest; to provide people with the information and to enable them to form and express their own opinions on the information conveyed by the film. After the screening, the opinions expressed about the film were diverse, which we greatly welcome.  Pluralistic opinions and the right to freely express them is one of the main principles of the development of a democratic society. This is exactly the aim of the South Caucasus Network of Human Rights Defenders - to promote democratic processes and increase the role of the civil society in these processes, as well as to increase public scrutiny of governmental officials. It is a pity that the governmental officials did not take part in the discussion. We offered to the Supreme Court their representative to take part in the discussion; however they did not reply to our offer“.

The Human Rights Centre

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