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Nongovernmental Organizations Respond to the Prime-Minister’s Statement about Judge

April 6, 2015
 
We respond to the statement of the Prime Minister of Georgia who expressed hope the Chairwoman of the Supreme Court of Georgia will get interested in the case of Rustavi Metallurgist Factory, whose property was sequestered because of 4 500 lari debt. The Prime Minister said the judge, who was engaged in the case, should make public clarifications about the decision. 

Attack on judges by the head of the government and senior governmental officials, direct or indirect indication about ineligible judgments and attempted influence over the estimation of justice in individual cases is dangerous precedent for the independence of judiciary system. Judge is independent in his/her activities and acts only in accordance to the Constitution and law. Interference in the activities of judges or attempted influence over them is prohibited and punishable under the law. Nobody, including the Chair of the Supreme Court of Georgia, has right to hold judges accountable for their decision. It is constitutional guarantee that ensures independence of judiciary authority.

It is important that society and politicians were fully aware of the role of the Supreme Court Chairwoman and judiciary institutions. The Supreme Court Chairwoman is not authorized to control judges and hold them responsible for their misconduct. She, as well as chairperson of the Supreme Council of Justice, might participate in the disciplinary process against concrete judges but individually the Supreme Court Chair does not have authority to use repressive methods against judges.

We believe that similar statements discredit position of the Supreme Court Chairwoman as well as other judiciary bodies and even executive government. Similar political messages hinder improvement of the environment in judiciary system and increases subordination between individual judges and Supreme Court Chairwoman.

If concrete judge commits disciplinary violation, the Supreme Council of Justice is authorized to respond to it. The Council is in charge to start disciplinary liability against judges and study complaints against them if any. Timely, effective and well-grounded reaction of the Council and disciplinary bodies should create trust of the society and judges to the judiciary system that is very low nowadays. 

The Council is also obliged to respond to the possible facts of oppression on judges and to combat possible influence over the judiciary process both from the judiciary authority and other branches of government.

We call on the head of the government, as well as other political officials to respect independence of the judiciary authority and to refrain from similar statements in future.

The signatory organizations:

Article 42 of the Constitution
Transparency International – Georgia
Georgian Young Lawyers’ Association
Human Rights Center
CiDA
Business and Economy Center
Open Society Georgia – Foundation
Georgian Bar Association
Human Rights Education and Monitoring Center
Partnership for Human Rights
Civil Integration Foundation
Institute for Development Freedom of Information
Civic Engagement Institute   
Lawyers for Independent Profession
Fair Elections (ISFED)  

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