Human Rights Center commenced a survey into the new rule of witness interrogation

 

Human Rights Center started a new project – “Survey into the new rule of witness interrogation in Georgia”, with financial support of the Open Society – Georgia Foundation. 

The project aims to promote transparent and effective functioning of the new rule of witness interrogation. The survey will reveal pros and cons of the new rule. 

Human Rights Center will study: how the new rule works in practice; how well the rights of witnesses are respected during interrogation in the magistrate courts; with regard to how many cases the prosecutor’s office addressed the magistrate court in relation with witnesses’ interrogation, including – how many cases were related with juveniles and what was the basis to appeal to the court; how well the solicitation of the prosecutor’s office and the decision of the court are well-grounded; how well the principle of judiciary compatibility  is respected during interrogation of witnesses; how the acting rule of witness interrogation guarantees the security of witnesses; how well witnesses are aware of their rights etc. 

Human Rights Center will elaborate the recommendations after the identification of the problems. The organization will advocate the recommendations to the Parliament of Georgia, the Ministry of Justice, the President and other target groups. The Coalition For Independent and Transparent Justice will take active part in the process. 

On February 20, the new rule of witness interrogation went in force, which implies the obligatory interrogation of witness in the magistrate courts. The Coalition For Independent and Transparent Justice stated that the current rule of witness interrogation is against the principles of judicial compatibility and it neglects the role of voluntary interrogation in the criminal law. The principle of compatibility and equality of arms are severely violated when only prosecution side has right to interrogate the witness in the magistrate court¹ . The government adopted the current version of the law on witness interrogation, regardless the critical comments of the NGOs. 

(1) See: the appeal of the coalition: http://www.coalition.org.ge/ge/article255

Human Rights Center