After Visiting Georgia, CoE Human Rights Chief Says Further Efforts Needed in Justice Reform
Council of Europe Commissioner for Human Rights, Nils Mui?nieks, who visited Georgia on November 9-13, welcomed number of “positive achievements”, but also noted that further efforts are needed in justice system reform and in combating intolerance.
“I am heartened to see a number of positive achievements of the justice sector reforms, notably in the area of juvenile justice,” he said in a press release on November 16, summing up his trip to Georgia last week.
“It is also encouraging to see an overall decrease in recourse to pre-trial detention, although its use remains problematic in certain cases,” Mui?nieks said, apparently referring to high-profile cases, including those of ex-officials from the previous government.
He said that in order to fully guarantee judicial independence, selection, appointment and transfer of judges should be “transparent, merit-based and done in accordance with clear criteria” and judges should be “better shielded from internal and external interference, notably when it comes to high profile cases.”
The CoE Human Rights Commissioner said that the introduction of a procedure for random allocation of cases among judges, envisaged in the bill drafted by the Ministry of Justice, “would be an important step forward in this regard.”
He also said that the existence of a probationary period for newly appointed judges and non-transparent disciplinary proceedings continue to be of concern.
The CoE Human Rights Commissioner said that in spite of “stronger judicial oversight”, the use of plea bargaining continues to be of “concern in certain cases.”
On recently amended law on prosecutor’s office, Mui?nieks said that although it brings “some improvement” to the selection and appointment procedures of the Chief Prosecutor, “more resolute action should be taken to ensure the independence and impartiality of prosecutors with a view to prevent undue political interference with their work.”
Justice Minister, Tea Tsulukiani, is expected to nominate three candidates for a chief prosecutor before the newly set up prosecutorial council on November 19. The council will pick one of them, which should then be endorsed by the government and then by the Parliament with a simple majority.
The CoE Human Rights Commissioner expressed concern over “certain serious instances of ill-treatment perpetrated by the police”, and noted the case of a defense lawyer Giorgi Mdinaradze, who was beaten in one of the police stations in Tbilisi on November 8.
“The Georgian authorities should complete effective investigations into these cases, which should lead to the adequate punishment of perpetrators,” he said.
The Commissioner also expressed concern about “certain instances of intolerance” against members of the Muslim community, noting the incidents in Mokhe and Kobuleti in 2014.
He welcomed expressed intention of the prosecution to appeal the acquittal of those accused of violence during the 17 May 2013 rally in Tbilisi on the occasion of the International Day Against Homophobia and Transphobia. A priest from the Georgian Orthodox Church and three other men were acquitted on October 22 on charges that they disrupted anti-homophobia rally in Tbilisi center in 2013. Some civil society and rights groups accused the prosecution of reluctance to investigate the case thoroughly apparently because of involvement in it of an Orthodox priest.
During his visit the CoE Human Rights Commissioner also was in Batumi, as well as at the administrative boundary line with breakaway South Ossetia.