In response to the crisis caused by the COVID-19, on March 21, 2020 Georgia declared the state of emergency, which was later extended until May 22. Certain constitutional rights are restricted during the state of emergency.
Based on the appeals of “Institute for Development of Freedom of Information” and “Media Development Foundation” the Constitutional Court of Georgia, by its decision of June 7, 2019, ruled that the provisions of the Law of Georgia on Personal Data Protection, specifically Article 5 and paragraphs 1 and 3 of Article 6 were unconstitutional as they prohibited access to the full text of court decisions delivered within the scope of public hearings by Common Courts of Georgia. The Court held that the disputed norms would be void from May 2020 and thus gave the Parliament of Georgia time to harmonize existing legislation with the requirements of the Constitution.
On March 13, 2020, prior to the declaration of a state of emergency, the High Council of Justice (HCOJ) adopted recommendations to prevent spreading of the Novel Coronavirus. The recommendations are related to the measures to be implemented in the court system to ensure a gradual transition of court proceedings to a remote regime. This is a positive development. However, it is important to ensure openness of court proceedings and enable court monitors and other interested parties to observe trials
The Coalition considers nomination of Nino Kadagidze’s candidacy for the high post of Chair of the Supreme Court of Georgia unjustifiable and calls on members of Parliament not to support her candidacy.
The Parliament of Georgia is reviewing the draft law on Amendments to the Law on Information Security.
The backsliding of democracy in Georgia over the recent period has come under the spotlight by international organizations and representatives of countries friendly to Georgia. Backing out on the promise to adopt a proportional system, the formation process of the Supreme Court, the ongoing political crisis and the policies of the Government of Georgia has been numerously criticized by the country’s domestic and international partners.
On December 12, the Parliament of Georgia confirmed Shalva Tadumadze, at the time Prosecutor General, for the position of a Supreme Court judge. In cases where the Prosecutor General’s authority is terminated prior to the completion of his term, the Prosecutorial Council is required to immediately carry out consultations with representatives of academic circles, civil society and legal professionals with an aim of selecting a candidate for a new Prosecutor General.
The under-signatory CSOs believe that the January 2, 2020 crime committed against Murad Tsurtsumia, 24 years-old young man, must be investigated by the State Inspector’s Service. Therefore, we call on the State Inspector, to use her authority under the legislation and petition the prosecutor’s office to relinquish the case to her office for further investigation.
On December 20, during the fourth meeting between the ruling and the opposition parties on the electoral system, the Chairperson of the Parliament unveiled the ruling party’s offer about changing the electoral system in a way that out of the 150 parliamentary seats 50 will be distributed under a majoritarian system and 100 under a proportional system.
The full responsibility for this decision lies with Bidzina Ivanishvili, the chairperson of the Georgian Dream party and the country’s informal ruler. In an effort to cling to power and maintain a state capture, Bidzina Ivanishvili is seemingly prepared to make use of an unfair election system to deprive voters of the opportunity to participate in the governance of the country and to unjustly seize parliamentary mandates.
|15 March 2019|