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Ten Non-Governmental Organizations Request President Mikheil Saakashvili to Veto Amendments to the Legislation

July 19, 2007

Non-governmental organizations appealed to the President Mikheil Saakashvili to veto the amendments to the legislation prohibiting the photo-film-video shooting in court rooms. The appeal, signed by ten organizations, was sent to the President on July 18. Journalists petitioned to the President with similar request a day before.

Here follows the appeal prepared by non-governmental organizations to the President dated by July 18.

Mr. President,

On July 11, 2007 majority from the Georgian Parliament voted for the amendments to the Georgian Organic Law on Common Court. The draft law aims to support the independence of the court and offers to ban photo-film-video shooting of court hearings in courtrooms. However, the initiative envisages an exception when video-recording is conducted by the court itself.

The introduction to the amendments stated that “Presence of video cameras in the courtrooms during trials encourages the confrontation and provocations from the parties. In similar cases, the discussion of particular case exceeds the legislative boundaries and instead producing and discussing of evidences, the hearing is accompanied with emotional statements and behaviors. Consequently, the situation hinders the complete and impartial discussion of the case; besides that; the judge is under psychological suppression.”

Regarding the issue we should recall amendments introduced to the Georgian Criminal Procedure Code (Article 208) and Georgian Civil Procedure Code (Article 212) a year ago. The changes envisaged severe penalties for causing disorder in courtrooms. Those changes are dedicated to ensure the order in courtrooms while discussing the case; to avoid emotional statements and premeditated provocations.

We should admit the fact that in many countries throughout the world (particularly in the countries with Common Judicial System) essential parts of court hearings are not shot. However, prior to introduction of all kind innovations, the initiator should foresee the context of the corresponding country.

Today, when Georgian legislative system is in the way of formation and is trying to follow intentional standards, public trust and respect is as urgent as never before. Execution of the verdicts and strengthening of the Rule of Law depend on those two factors.

Publicity of court hearings is indivisible part of the right to the just court. As the title of the right demonstrates, it guarantees the “fairness” of the court and provides possibility to carry out public monitoring on judicial activities. In the conditions of publicity, any curious citizen should be able to convince himself/herself in the trustfulness of judicial authority.
Audio-video equipments, using of what are categorically prohibited by the proposed draft law during court hearings, will increase the number of audience whose trust is too essential for the future of Georgian Judicial System. It is doubtful that only posters on buses will be enough to achieve the goal. Public trust and respect to the judicial authority can be obtained through enabling the society to witness the execution of justice personally.

We are ready to express our readiness to support all those legislative innovations that aims at consolidation and strengthening of Judicial Authority.  However, we consider that through introduction of the amendments to the Georgian Organic Law on Common Courts will fail to achieve above-mentioned aims.

Hence, we are applying to you with the request to enjoy your right envisaged under the Georgian Constitution and Legislation and veto the draft law to introduce amendments to the Georgian Organic Law on Common Court.

The appeal is below signed by: Georgian Young Lawyers Association (GYLA); “Network of Caucasian Women; International Research Center for Negotiations; Egalitarian Institute; Multinational Georgia; Healthy Environment; Youth Alternative; Association “Law for People”; Center for Protection Constitutional Rights; Human Rights Information and Documentation Center (HRIDC).

Source: Media.ge

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